Ailing Zimbabwean widow sent to jail for 6 months in drug case
25 July 2014 10:45 PM GMT
The convict Mcvee Dzvetero Mtegwe has been convicted without any trial, as she has pleaded guilty on the said charges. Special Narcotics Drugs and Psychotropic Substances (NDPS) Judge, Anu Grover Baliga has said that according to the provisions of NDPS act, from the plea of guilt taken by the accused, it is clear that the accused did an attempt to transport ephedrine hydrochloride powder.
On 2 February, 2014, CISF inspector Anuj Kumar, at IGI airport has detained the convict who was scheduled to travel via Ehiopian Airlines. Kumar called the Narcotics Control Bureau (NCB) office and said: ‘The passenger has been found carrying some white powder, suspected to be narcotics drugs in their luggages’.
During the case hearing, counsel Wasim Ahmad for the convict had requested the court for minimum punishment as convict is terminally ill and first time offender.
‘The convict is suffering from an incurable disease and has been diagnosed to be a terminally ill patient by the Tihar Jail Authorities and therefore must impose the minimum sentence upon her,’ said Wasim.
Though the court has rejected that these circumstances are not the justification for crime, but it has taken lenient view on the circumstances and sentenced her for six month. However, Section 25 A provides that if a person is found guilty of having contravened, the provision of Section 9A of NDPS Act shall be punishable with rigorous imprisonment for a term which may extend to 10 years and fine upto Rs 1 Lakh.
Wasim also submitted that the convict is a widow and has a minor daughter who has been facing extreme hardships staying all alone in Zimbabwe for the past six months.
The court further added that no doubt poverty is not a justification for commission of crimes but imposing a harsh sentence will also not subverse the interest of justice.
‘Thus taking into consideration the nature of offence, social and economic status of the convict and the reason for which she appears to have committed the offence, this court hereby sentences the convict to undergo simple imprisonment for a period of six months,’ said the court.
On 2 February, 2014, CISF inspector Anuj Kumar, at IGI airport has detained the convict who was scheduled to travel via Ehiopian Airlines. Kumar called the Narcotics Control Bureau (NCB) office and said: ‘The passenger has been found carrying some white powder, suspected to be narcotics drugs in their luggages’.
During the case hearing, counsel Wasim Ahmad for the convict had requested the court for minimum punishment as convict is terminally ill and first time offender.
‘The convict is suffering from an incurable disease and has been diagnosed to be a terminally ill patient by the Tihar Jail Authorities and therefore must impose the minimum sentence upon her,’ said Wasim.
Though the court has rejected that these circumstances are not the justification for crime, but it has taken lenient view on the circumstances and sentenced her for six month. However, Section 25 A provides that if a person is found guilty of having contravened, the provision of Section 9A of NDPS Act shall be punishable with rigorous imprisonment for a term which may extend to 10 years and fine upto Rs 1 Lakh.
Wasim also submitted that the convict is a widow and has a minor daughter who has been facing extreme hardships staying all alone in Zimbabwe for the past six months.
The court further added that no doubt poverty is not a justification for commission of crimes but imposing a harsh sentence will also not subverse the interest of justice.
‘Thus taking into consideration the nature of offence, social and economic status of the convict and the reason for which she appears to have committed the offence, this court hereby sentences the convict to undergo simple imprisonment for a period of six months,’ said the court.
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