NEW DELHI, May 31: Julakha, 27, has been sentenced to 10 years rigorous imprisonment and a fine of Rs 1 lakh for carrying 7 gm of heroin. A jhuggi dweller, she is the mother of five children between the ages of 2 to 7 years. Her husband is a rickshaw puller. In the sentencing order the ASJ observed: ``A lenient view may be taken'', but ``... under Section 21 of the Narcotics, Drugs and Psychotropic Substances (NDPS) Act the minimum sentence provided is 10 years and a fine of Rs 1 lakh. No discretion is left with the court''.In default of the payment she will have to undergo simple imprisonment for two years.
On March 6, 1997 Assistant Sub-Inspector Rajbir Singh was on patrol near Sanjay Amar Colony.
At about 10.15 a.m. he received information that a regular smack peddlar would be passing that way with a consignment. The policeman had to form a raiding party in a hurry and even approached some passersby to assist him, but they refused.
Julakha was identified by the informer and arrested on the spot as she was making her way home to the Neem ka Tala jhuggi. A polythene packet with 7 gm of powdered heroin was recovered by a female officer from her underclothes.
Right through the trial Julakha maintained that no heroin was ever recovered from her, and that she had been falsely implicated in the case. But Additional Sessions Judge (ASJ) R.S. Khanna said that this claim ``has no substance''. In his nine-page order the judge said that it has been proved ``beyond doubt that heroin was recovered from the accused''.
The ASJ said: ``All these witnesses are police officials. There are no material contradictions in their cross-examination to disbelieve their testimony. The testimony of police officials cannot be rejected merely on the ground that no public witness was joined in the case.''
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
