Special NDPS Judge Shail Jain convicted Mukesh and awarded him the minimum punishment of 10 years for the offence under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, considering his family circumstances as he has to take care of his wife, elderly mother and a five-year-old son.
The court, which also imposed a fine of Rs one lakh on him, rejected the argument of Mukesh's counsel that in the absence of any public witness, the testimonies of police officials cannot be relied upon.
"Merely for the reason that no public person joined the raid, testimonies of police officials cannot be disbelieved," the court said.
According to the prosecution, Mukesh, a resident of North Delhi's Timarpur area, was arrested on the morning of November 2, 2011 near ISBT, Kashmere Gate.
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He was carrying a plastic bag and on seeing a police official, Mukesh tried to run away but was apprehended on suspicion, it said.
The police said that on inquiry, Mukesh admitted that he was carrying charas in the bag and was arrested.
The court said, the testimonies of prosecution witnesses, who were police officials,
inspire confidence.
"Mukesh has been convicted for the offence punishable under the NDPS Act.... Considering the family circumstances and the fact that convict was found in possession of 1.95 kgs of charas which is of commercial quantity, Mukesh is sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs one lakh," the court said.
"I conclude that testimony of prosecution witnesses is trustworthy. The recovery of controlled substance from the possession of Mukesh is clearly established," the judge said, while holding that the prosecution has proved its case.