Two men sentenced to 10 years in jail for possessing 17kg of ganja in Kandivali East | Representative Image
Mumbai: Thirteen years after two men were found in possession of 17kg of ganja, the special court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, earlier this week, found them guilty and sentenced them to 10 years in jail.
The two accused – Indrakumar Mallya Surram, 40, and Kartik Ramalingam Naik, 34 – were arrested on August 17, 2010, while trying to sell the contraband at a bus stop in Mhada Colony, Kandivali East. The prosecution had claimed that they were arrested after the officers of the Anti-Narcotics Cell set up a trap based on credible information.
During search, the police recovered 10kg ganja from Surram and 7kg from Naik. They also seized Rs410 and Rs230 in cash, suspected to be proceeds from the sale of narcotics. The prosecution further contended that the contraband was sourced from a third accused, identified only as Chander, who remains at large.
The defence contended that there were several procedural lapses, such as missing dates on certain paper labels and holes in gunny bags containing the contraband. Besides, though the contraband for each of them was separate, it was said to have been mixed at the time of confiscation and drawing of the samples.
The defence claimed that the case was probed by a head constable, contrary to the notification of the state government mandating investigation by an officer not below the rank of sub-inspector. However, the court held the two accused guilty and said that the investigation was conducted diligently, and the rank of the investigating officer did not cause prejudice to the case.
The accused pleaded leniency, claiming they belong to poor families and had been earning their livelihood by doing petty jobs. The court observed, “It is sufficient to indicate that for earning their livelihood they would not hesitate to ruin the lives of others and to make them miserable by addiction thereto.”
The court also noted that the stringent punishment provided by the law is for deterrence in minds of the violators, because the people who are addicted to narcotic drugs or psychotropic substances can claim immunity under section 64A of the NDPS Act, and seek assistance for their de-addiction and rehabilitation. “However, such is not a case with the accused persons,” it said.
The court further said, “Considering the quantity of contraband seized, it certainly was not for personal consumption but for sale to earn financial benefits therefrom. If such offences are dealt leniently, no deterrence would remain in the minds of the violators of law.”
