The Bombay High Court has reduced a 10-year sentence given to a 70-year-old man for possession of narcotic substance to two years in jail considering his age and the fact that he was a first time offender.
Justice A M Badar was hearing an appeal filed by Kallumal Kukareja challenging a lower court order of 2016 convicting him under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and sentencing him to 10 years in jail.
Kukareja was arrested in March 2008 in the city for possession of 10 grams of charas. At the time of his arrest, he was 60 years old.
“The appellant accused is now 70 years old. He is a first time offender having no criminal antecedents. He was not involved in such type of offences at any other point of time,” the court said.
“In such circumstances, harsh and maximum sentence of 10 years rigorous imprisonment, in the wake of finding contraband which was just more than small quantity, is not warranted,” the court said.
It added that the courts have to consider all facts and circumstances and then proceed to impose a sentence commensurate with the gravity of the offence.
“The circumstances of the accused also has to be kept in mind while imposing the sentence as one of the objects of the criminal justice system is to rehabilitate transgressors and criminals,” Justice Badar said, disposing of the appeal.
