Drug smuggling: HC slams trial court for disproportionate punishment
Slamming a trial court for not exercising its discretionary power judicially, the Madras High Court increased the fine imposed on a person held with drugs from Rs 1 lakh to Rs 10 lakh in an appeal moved by the Directorate of Revenue Intelligence.
By : migrator
Update: 2019-06-24 23:47 GMT
Chennai
As per the case, APT Mahadevan and three other absconding accused planned to export ephedrine hydrochloride to Malaysia. He also attempted to export 100 kg of the chemical. The DRI then registered a case against the four.
After Mahadevan pleaded guilty during the trial, he was convicted and sentenced to undergo rigorous imprisonment for four months and to pay Rs 1 lakh. However, the trial court under NDPS Act acquitted him from the conspiracy charge.
But the Special Public Prosecutor (SPP) submitted that the trial court should have awarded a reasonable sentence considering the nature and gravity of the offence.
Moreover, as per the NDPS Act, the maximum punishment for the offence was 10 years rigorous imprisonment. The trial judge has erroneously awarded it only for four months as there was no minimum sentence stated in the Act, the SPP submitted.
When the plea came up before him, Justice P Velumurgan said: “Even though awarding sentence and imposing fine is discretionary power of the court and there is no minimum sentence prescribed for the charged offence in the NDPS Act, the discretion has to be exercised judicially and not arbitrarily.”
The quantum of sentence was not proportionate with the gravity of the offence, said the judge, adding that the trail court has not exercised its discretionary power judicially. “Therefore, this court is inclined to interfere with the judgement,” the judge held.
However, noting that the respondent had no previous or subsequent case against him and also considering the fact that he himself admitted his guilt, Justice Velmurugan only enhanced the fine to Rs 10 lakhs but not the period.
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