Srinagar | May 2025 — In a significant ruling under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Special Judge NDPS, Srinagar, has emphasized the need for a sensitive and reformative approach while dealing with young, first-time drug offenders.
Delivering judgment in a case involving the seizure of cannabis from two youths, the Court observed:
“While narcotics-related offences must be dealt with sternly, justice also demands sensitivity to the possibility of rehabilitation, especially for young, first-time convicts.”
The two accused, Rafiq Ahmad Putoo and Aqib Manzoor Bakhroo, were convicted under Section 20(b)(ii)(B) of the NDPS Act, which pertains to intermediate quantity of contraband. However, the Court acquitted them of the charge of criminal conspiracy under Section 29 due to lack of concrete evidence.
While sentencing the convicts to five years of rigorous imprisonment and imposing a fine of ₹50,000 each, the judge acknowledged the importance of giving such offenders an opportunity to reform:
“The goal of criminal jurisprudence is not only to punish but also to reform. Young age, clean antecedents, and long pre-trial custody are compelling grounds for the Court to adopt a balanced view.”
The judgment also ordered that the time already spent in jail—over four and a half years—be set off under Section 428 CrPC, effectively recognizing the prolonged detention already suffered by the convicts.