Automated Summary
Key Facts
The case involves Remy Jean Quatre, a 35-year-old first-time offender, who pleaded guilty to trafficking 2.38 grams of pure heroin under the Misuse of Drugs Act 2016. The court imposed a one-year imprisonment sentence, which was conditionally suspended for one year provided he continues attending the APDAR rehabilitation program. The probation officer is to monitor his compliance, with potential enforcement under the Criminal Procedure Code if he fails.
Issues
The court addressed the sentencing for trafficking 2.38 grams of heroin, a Class A controlled drug, considering the defendant's guilty plea, cooperation, rehabilitation efforts at APDAR, and the non-commercial quantity of the drug as outlined in the Misuse of Drugs Act 2016.
Holdings
- Ordered the probation office to monitor Remy Quatre during the rehabilitation period and report non-compliance to the court.
- Imposed a one-year suspended sentence contingent on Remy Quatre attending the APDAR rehabilitation program for 12 months from 9 October 2020. Failure to comply would trigger imprisonment under section 283 (1) of the Criminal Procedure Code.
- The court convicted Remy Quatre under Section 7 (1) read with Section 19 (1) of the Misuse of Drugs Act 2016 for trafficking 4.19 grams of heroin (2.38 grams pure).
Remedies
The convict was sentenced to one year imprisonment, which was suspended for a period of one year under Section 282 (3) of the Criminal Procedure Code. This suspension is conditional upon the convict attending a rehabilitation program at APDAR for a continuous period of one year from the date of sentencing (9th October 2020). The probation office is tasked with monitoring compliance with this condition.
Legal Principles
The court applied the Misuse of Drugs Act 2016, specifically Sections 7(1) and 19(1), which criminalize trafficking in controlled drugs, and the Criminal Procedure Code, Section 282(3), to impose a suspended sentence conditional on rehabilitation program attendance. The sentencing considered the offender's guilty plea, first-time offense, and rehabilitation efforts under APDAR, while adhering to statutory guidelines for Class A drug offenses.
Cited Statute
- Criminal Procedure Code
- Misuse of Drugs Act 2016
Judge Name
Burhan J
Passage Text
- The controlled drug in Count 1 is a Class A controlled drug. The recommended sentence for such an offence is a maximum of two to five years and a fine. As the convict has pleaded guilty he is entitled to a discount on the said sentence.
- Learned Counsel submitted that the quantity of pure heroin 2.38 grams was small and not of commercial quantity.
- However as the convict is exhibiting a positive attitude as mentioned by the probation officer in the report filed, on condition that he attends his rehabilitation program at APDAR for a continuous period of 1 year from the date hereof i.e. 9th October 2020, I will proceed to suspend the one year term of imprisonment imposed for a period of one year.