Panaji: A narcotics drugs and psychotropic substances (NDPS) court has sentenced Mukesh Bhagat, a native of Bihar, to simple imprisonment of one month under the NDPS Act after he pleaded guilty for ganja possession. In 2022, Porvorim police, led by PSI Sitaram Malik, had found the accused and another individual with ganja weighing 2.5 kg, worth Rs 2.5 lakh, at Alto Pilerne.
During the course of the proceedings, the second accused passed away. Bhagat voluntarily pleaded guilty to the offence on the grounds that he comes from a poor background, is a first-time offender, and that the drugs found in his possession are of a variable quantity.
Thereafter, Bhagat’s advocate sought leniency of sentence while the Public Prosecutor sought maximum punishment. The court observed that the maximum sentence is 10 years and that he was already in custody from July to August 2022 for almost one month. Keeping in mind the period of detention already undergone by the accused, along with him being a first-time offender and the drugs being of a variable quantity, the court directed that a lenient view can be taken for imposing a sentence and he can be freed if he is not wanted in any other crime.
Case Details
The incident took place in 2022 when Porvorim police intercepted two individuals at Alto Pilerne. Upon search, they recovered 2.5 kg of ganja, valued at approximately Rs 2.5 lakh in the illicit market. The accused were arrested and charged under the NDPS Act.
Accused Background
Mukesh Bhagat, originally from Bihar, pleaded guilty voluntarily, citing his impoverished background and status as a first-time offender. His legal counsel argued that the quantity of drugs involved was variable, which could influence the severity of the sentence.
Court Proceedings
The court weighed the arguments from both sides. While the prosecution demanded the maximum penalty of 10 years, the defense sought leniency. The judge noted that Bhagat had already spent nearly a month in custody during the investigation. Considering his clean record and the nature of the drugs, the court opted for a one-month simple imprisonment, effectively releasing him given the time already served.
The court also ordered that Bhagat be set free if he is not required in any other criminal case.
