Drug peddler shows remorse, Delhi court shows leniency
The accused had also sought a lenient view be taken towards him on the grounds of his mother's illness.
New Delhi: A Delhi court has sentenced a man to two years in jail - a period already served by him behind bars - for possessing 40 gram of heroin, taking a lenient view of the matter after he expressed remorse.
Special NDPS Judge Satinder Kumar Gautam passed the order holding Delhi resident Danish guilty of offences under the Narcotic Drugs and Psychotropic Substances Act and imposed a fine of Rs 1 lakh on him.
"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 convict is now aware that if a person is apprehended for dealing in narcotic substance, he may face imprisonment up to ten years. The deterrence is reflecting on the face of the convict," the judge said.
The court observed that harsh punishment provided for the offence under the NDPS Act is an indication that offences are to be considered very serious in nature, but while awarding sentence, it has to be kept in mind, if there is any chance of reformation of the convict.
"If there is noting on record to suggest that the convict has been engaged in any such type of offence in past, and if not kept behind the bars, he may engage himself in similar activity, then court must adopt a lenient view to give the convict a chance to reform himself," it said.
The court noted that Danish became a part of the conspiracy to deal in supply and transportation of the narcotic substance and not a professional dealer.
"If the convict was a professional dealing in supply of narcotics substance, I am sure his financial position would have been much better. It appears that out of greed, he indulged in such activity may be for trial and got apprehended," it said.
According to prosecution, the accused was apprehended on April 17, 2013 with 40 gram heroin wrapped in a plastic bag near Mehrauli-Gurgaon road.
The accused had denied the allegations and claimed he was falsely implicated in the drugs case.
The accused had also sought a lenient view be taken towards him on the grounds of his mother's illness.