Special NDPS Judge Shail Jain, while handing down the jail term to Deepak Shamsher Thapa for the offence under the NDPS Act, considered the fact that it was his first offence and that he has to take care of his elderly mother, wife and minor child.
"Considering the family circumstances of Deepak and the fact that the convict was found in possession of 10 kg of charas...He is sentenced to undergo rigorous imprisonment for 12 years," the judge said
The court, while awarding the sentence, also considered Deepak's deteriorating health as he was losing his vision.
However, the court rejected the argument of Deepak's counsel that in the absence of any public witness, the testimonies of police officials become doubtful.
"Merely because public witnesses have not joined, it cannot be said that the case of prosecution is false," it said.
"The testimony of prosecution witnesses, although they are police officials, inspire confidence and their statements are duly corroborated with the documents," it said.
According to the prosecution, the Narcotics Cell of the Delhi Police got a tip-off that Deepak was involved in illegal trade of drugs and on June 23, 2012, he would visit a place near a petrol pump in Majnu ka Tila area in North Delhi to supply the charas to someone.
Deepak sought leniency, saying he does not have a criminal background and has to look after his wife, aged mother and minor child.
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