MANZOOR AHMAD Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Appellants Manzoor Ahmad son of Mohd. Akbar resident of Na donaTehsil Shopian and Nazir Ahmad son of Abdul Ahad resident of Niana Batpura Tehsil Pulwama (hereinafter to be referred to as 'accused') stand convicted vide impugned judgment/order dated 20/28.05.2011 of learned Principal Sessions Judge, Kathua for the offences punishable under sections 8(c)/20(c)-(61 of 1985) of Narcotic Drugs and Psychotropic Substances Act (For short 'NDPS Act') for allegedly keeping in their conscious possession 96 kgs of 'Charas'. The sentence slapped upon them is 20 years rigorous imprisonment each and a fine of Rs. 2 lac each, in default thereof, to suffer further imprisonment of 5 years each. Being aggrieved of the judgment of conviction and sentence, they have knocked at the door of this Court through Criminal Appeal No. 9 of 2011 which has been given priority over and above the other criminal appeals, the case being of Narcotic Drugs.

(2.) It needs to be mentioned here that one Mohd Abdul Qayoom, the co-accused of the present accused and owner of one of the Trucks in which contraband was being carried was also charged under section 29 of NDPS Act. He has since been acquitted by the learned trial Court. State has not preferred any appeal against his acquittal. One Bashir Ahmad Dar son of Mohd Sultan Dar resident of Bijbehara, who happens to be the owner of another Truck bearing registration No. JK13-0399 could not be apprehended by the police, as such, declared proclaimed offender and proceeded under section 512 CrPC. We have been informed by learned State counsel that he has not been apprehended by the police till date.

(3.) The present two accused are stated to be in custody since July 2006 i.e the date of alleged recovery. During the pendency of the instant appeal, they laid motion for suspension of their substantive sentence which relief was declined to them vide order dated 28.08.2011.