Special (NDPS) Judge Ajay Kumar Kuhar, taking a lenient view, let off Delhi resident Mohd Ishaq by sentencing him to one month imprisonment, the period already undergone by him in jail, but imposed a fine of Rs 5000 on him.
“It is irony that the main drug peddlers rarely fall in the trap and generally it is the poor person, who is used to act as a conduit to supply such substance, gets trapped,” the judge said.
The court said the facts and circumstances showed that there was a possibility that the convict, who was a road side juice vendor, would mend his ways.
“I intend to take a slightly lenient view. I intend to give this convict an opportunity to fall in line with the law of the land. Therefore, instead of sending him to prison now, where he would be further exposed to criminal element, I intend to burden him financially so that he can feel the pinch of the sentence,” the judge said.
The court said that the convict was a person with meagre means and “it appears that out of greed, he indulged in such activity and got apprehended”.
“I have asked the convict personally, he is remorseful and I can see the chance of his improving his conduct and abstaining from such activity in future,” the court said.
According to the prosecution, on December 12, 2011, a police team on patrolling duty had caught Mohd Ishaq carrying a bag with cannabis wrapped in a newspaper.
The quantity of contraband came to 2.22 kg, an intermediate quantity, i.E. More than small quantity and less than commercial quantity entailing jail term upto six months with fine under the provisions of Narcotic Drugs and Psychotropic Substances(NDPS) Act.
The court had on February 27 held Ishaq quilty of being in possession of contraband substance (Cannabis) while relying on the forensic science reports and statements of the recovery officers.