Srinagar: A court here has sentenced a man to six months in jail after convicting him for possessing small quantity of charas under Narcotic Drugs and Psychotropic Substance (NDPS) Act.
Principal Sessions Judge Rashid Ali Dar held the man, Ghulam Hassan Dar of Armpora Sopore, guilty under of commission of offence under section 20(ii) (A) of the Act.
“In light and circumstances, the convict is sentenced for the maximum period indicated in section 20(ii) (A) of the NDPS Act i.e six months,” the court said.
However, the court set off the jail term awarded to Dar from 3 years, seven months and nine days already undergone by him as under trial.
According to police, a Tavera vehicle coming from Jammu was intercepted near Pantha Chowk on November 15, 2011. While passengers were brought down from the vehicle, police said, one of them (Dar) tried to escape but was apprehended.
“31 sticks of contraband charas were recovered from his possession which he had covered in maize husk and kept in his socks,” the police said.
A case (FIR 86/2011) under section 8/20 NDPS Act was registered in police station Panth Chowk and charge sheet filed against Dar.
However, after hearing Public Prosecutor Abdul Aziz Teeli and Zulfikar Hussain, representing Dar, the court gave “benefit of doubt” to the convict for failure of police sent entire recovered substance to SFL for examination.
“I am of the opinion that in view of the omission of investigating agency to send the entire substance for examination to FSL or a sample after mixing all the 31 sticks would lead to inference that the part sent for examination by FSL is only to be treated as a contraband/ charas,” the court said.
It said that since the Investigating agency failed to get the sample weighed at the time, same was taken from the recovered substance.
“The chasm created gives rise to serious doubt of it being treated as a quantity more than what is categorized small under the table,” the court said, observing that “the benefit for this is to be given to the accused and accordingly the accused is s held guilty of being In possession of charas which is treated a small quantity.”