The court also imposed a fine of Rs one lakh on each convict under section 21 (c) of the NDPS Act. They were additionally sentenced to 10 years' imprisonment and a fine of Rs.
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Delhi's Dwarka Court has sentenced two Afghan nationals, Abdul Khaliq Noorzai and Ghulam Hazrat Mirzale, to 10 years in prison for trafficking 7.6 kilograms of heroin, a commercial quantity of the drug. The court, presided over by Special Judge (NDPS) Manu Goel Kharb, also imposed a fine of Rs. 3 lakh on each of the convicts.
The court sentenced both to 10 years' imprisonment and Rs. one lakh fine on each convict under section 21 (c) of the NDPS Act (illegal possession, manufacture, sale, purchase, transport, or use of commercial quantities of manufactured drugs (such as heroin, cocaine, etc.). They were additionally sentenced to 10 years' imprisonment and a fine of Rs. 10 Lakh by the court under Section 23(c) of the NDPS Act (Illegal import or export of drugs).
The court has also sentenced them to 3 years imprisonment with a fine of Rs one lakh under section 29 of the NDPS Act (abetment and criminal conspiracy regarding drug-related offences). While sentencing the convicts, the court stated that it is well settled that, in awarding a sentence, the Court must consider both aggravating and mitigating factors to determine the quantum thereof.
"Therefore, I deem it appropriate to recapitulate the facts and circumstances of the offence in question. The convict Abdul Khaliq Noorzai was found in possession of 4.02 Kg of Heroin and convict Ghulam Hazrat was found in possession of 3.60 Kg of Heroin (total 7.62 Kg Heroin) in plastic bottles," Special Judge Kharb said on February 7.
The Special Public Prosecutor (SPP) for Customs Puneett Singhal sought a sentence of 20 years' imprisonment for each accused. It was submitted that convicts are involved in serious cases of drug trafficking and act of the convicts are affecting society at large, and they don't deserve any leniency. It was also argued that the convicts may be sentenced to 20 years' imprisonment with a fine as prescribed by law.
On the other hand, Counsel for the accused, Ghulam Hazrat, stated that he has been in judicial custody for approximately 5 years. His family consists of two wives and four minor children who are totally dependent upon the accused and have no source of income, nor do they have any emotional or financial support. It was stated that the accused had no knowledge of the contraband in his bag.
The Counsel for the accused, Abdul Khaliq Noorzai, submitted that he has been in judicial custody for approximately 5 years. His family consists of one wife and four minor children who are totally dependent upon the present accused and have no source of income, nor do they have any emotional or financial support and a lenient view should be taken for consideration of the quantum of sentence to be imposed upon them in the present case.
The case of the Customs, in brief, was that on August 8, 2021, Abdul Khaliq Noorzai and Ghulam Hazrat Mirzale came to India from Dubai to Delhi. During a search of Abdul Khaliq Noorzai's brown-coloured trolley bag, it was found that the bag contained clothes, black-coloured shampoo/hair colour bottles with broken seals, 8 paper boxes (one box for two bottles), one bottle, and old, used personal effects. On the detailed scrutiny of the bottles, all bottles were found containing black colour thick liquid total of 4.02 Kgs (including the weight of the bottle), suspected to be narcotics substance.
During a search of Ghulam Hazrat Mirzale's brown-coloured trolley bag, it was found that the bag contained clothes; black-coloured shampoo/hair colouring bottles with broken seals; 7 paper boxes (one box for two bottles); one bottle; and old, used personal effects. On the detailed scrutiny of the bottles, all the bottles contained black colour thick liquid total of 3.60 Kgs (including the weight of the bottle), suspected to be narcotics substance. They were arrested by the customs on August 8, 2021.
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