Two South African women have been sentenced to one year in jail by a Delhi court for trying to illegally export nearly 50 kg of a controlled substance.
Special NDPS Judge Anu Grover Baliga convicted Nthabiseng Josephina and Grace Bongiwe, natives of Botswana, under the Narcotics Drugs and Psychotropic Substances (NDPS) Act and awarded them the sentence considering their "social and economic status".
"Taking into consideration the nature of offence, social and economic status of both the convicts and the reasons for which they appear to have committed the offence, this court, hereby imposes a sentence of one year of rigorous imprisonment ...," the court said.
The court, which also imposed a fine of Rs 75,000 each on the convicts, rejected the contention of the women that they were unaware about what they were carrying, saying it was "no defence."
"The fact that they knew that they were transporting some substance outside India illegally for consideration shows their state of mind and therefore it can be inferred that they had an intention of exporting some substance outside India illegally," the court said.
While handing down the sentence, the judge noted that as the women had no previous criminal antecedents and were not hardened criminals, imposing a harsh sentence will not subserve the interests of justice.
"While sentencing, courts must make an attempt, within the parameters of the law, to afford an opportunity to the offender to reform himself and lead the life of a normal, useful member of society.
"No doubt poverty is not a justification for commission of crimes but in the considered opinion of this court, imposing a harsh sentence will also not subserve the interests of justice," the judge observed.
