‘Hazard to society’: SC says no leniency for narcotic drug smugglers – New Delhi News


A bench of Justices M.R. Shah and B.V. Nagarathna stated: “Those persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to a number of innocent young victims who are vulnerable.”

Such accused causes deleterious results on the society and they’re a hazard to the society, it stated.

“Such organised activities of clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances have a deadly impact on the society as a whole,” added Justice Shah, who authored the judgment on behalf of the bench.

The high courtroom stated no leniency ought to be proven to an accused who’s discovered to be responsible for the offence below the NDPS Act. “Therefore, while awarding the sentence or punishment in case of NDPS Act, the interest of the society as a whole is required to be taken into consideration,” it added.

The Delhi High Court had dismissed Mohd Zahid’s competition that he was sentenced to 12 years jail in a case by Amritsar courtroom for restoration of 4 kg of heroin. Therefore, his subsequent sentence of 15 years jail, for restoration of 750 grams of heroin, by a Delhi courtroom ought to be allowed to run concurrently, or else he would find yourself incarcerated for 27 years.

However, the highest courtroom held that if an individual already present process a jail time period is sentenced in a subsequent conviction, such a jail time period would start on the expiration of the earlier imprisonment.

Justice Shah stated: “The general rule is that where there are different transactions, different crime numbers and cases have been decided by the different judgements, concurrent sentence cannot be awarded under Section 427 of Criminal Procedure Code.”

Citing Section 427 (1) of the CrPC, the bench stated the courtroom has the facility and discretion to challenge a path that every one the next sentences can run concurrently with the earlier sentence.

“Therefore, considering the offences under the NDPS Act which are very serious in nature and against the society at large, no discretion shall be exercised in favour of such accused who is indulging into the offence under the NDPS Act,” stated the bench.

The bench emphasised that even whereas making use of discretion below Section 427 of the CrPC, the discretion shall not be in favour of the accused who’s discovered to be indulging in unlawful trafficking within the narcotic medicine and psychotropic substances.

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