SRINAGAR: A Special Court in Jammu has handed down a 10-year rigorous imprisonment sentence to a truck driver from Baramulla for transporting 790 kilograms of poppy straw. In a significant development during the sentencing, the court also mandated the formation of a Special Investigation Team (SIT) to meticulously trace the origin, suppliers, and intended recipients of the substantial narcotic consignment.
Information was available with The Chenab Times that Special Judge (NDPS Cases), Jammu, Parvaiz Iqbal, delivered the verdict against Syed Tasadaq Hussain, son of Syed Jumma Shah, hailing from Bijhama, Boniyar in Baramulla district. Hussain was convicted under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The prosecution’s case detailed that Police Station Bagh-e-Bahu received credible information on October 11, 2019, indicating that a truck, bearing registration number JK05B-7138, was en route from Kashmir to Jammu carrying poppy straw. Law enforcement officers promptly established a naka (checkpoint) near Environmental Park on the Jammu bypass.
During a search of the truck, which initially appeared to be carrying white stones and clay, authorities discovered 32 sacks of poppy straw concealed beneath the cargo. The total weight of the seized contraband was measured at 790 kilograms, a quantity classified as commercial under the NDPS Act.
The court concluded that the prosecution had successfully established, beyond a reasonable doubt, that the accused was in conscious possession of the illicit material.
During the sentencing arguments, Special Public Prosecutor Sunil Kumar advocated for the imposition of the maximum penalty. He emphasized that the recovered consignment was substantial and clearly intended for wider drug trafficking, arguing that individuals involved in undermining the lives of youth and families should not be afforded any leniency.
Conversely, defence counsel Anil Sethi made a plea for the minimum possible sentence. Sethi contended that Hussain was solely acting as a driver and was not the architect or financier of the alleged drug network.
While acknowledging the immense quantity of the recovered contraband, which rendered personal consumption improbable, the court opted to impose the statutory minimum sentence of 10 years of rigorous imprisonment. This decision was influenced by considerations of the convict’s clean prior record, his age in the early forties, and the potential for his rehabilitation.
However, the court expressed profound concern regarding the quality of the investigation conducted in the case. It noted a significant failure by the Investigating Officer to explore the backward and forward linkages of the narcotic consignment.
“It is unfortunate that despite recovery of such a huge quantity of contraband, no meaningful investigation was carried out to identify the source, supplier or intended destination,” the court remarked. The bench added that such investigative oversights had regrettably allowed the primary perpetrators behind the drug racket to evade capture.
During the trial, the convicted driver reportedly informed the court that he had provided all pertinent details concerning the individuals involved to the Investigating Officer, but no subsequent action had been taken.
Characterizing this omission as a matter of grave concern, the court issued a directive for the Senior Superintendent of Police, Jammu, to initiate an inquiry into the conduct and role of the Investigating Officer.
Furthermore, the court ordered the establishment of a Special Investigation Team (SIT), to be led by an officer of the rank of Deputy Superintendent of Police. This SIT will undertake further investigation as per Section 173(8) of the Code of Criminal Procedure. The team’s mandate includes the identification of the source of the poppy straw, the suppliers implicated, and the ultimate destination of the seized consignment.
The SSP Jammu has been instructed to personally oversee this investigation and to keep the trial court apprised of all significant developments. Copies of the court’s order have also been transmitted to the Inspector General of Police, Jammu, and the SSP Jammu for their necessary action.
The court has ordered that Syed Tasadaq Hussain be transferred to District Jail, Baramulla, to serve the remainder of his judicially mandated sentence.
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The Chenab Times News Desk
