D’Souza convicted for cultivating cannabis plants at home
Sending out a strong message on narcotics offences, the Additional Sessions Court, Mapusa, said the ‘drug menace in society has to be curbed’ as it sentenced a Tivim resident to rigorous imprisonment for cultivating cannabis plants in the courtyard of his home.
Additional Sessions Judge Dvijple Patkar said offences involving narcotic substances could not be viewed lightly, and that punishment in such cases must serve as a broader caution.
“The ill effects of the use of narcotic drugs are known. The drug menace in society has to be curbed. One cannot lose sight of the fact that drug abuse has adverse effects on society. A stringent view while awarding punishment to an offender who has been found illegally cultivating cannabis plants will have a deterrent effect not only on the said offender but also on others,” reads the order.
The court convicted and sentenced Everesto D’Souza, 20, of Tivim after holding that the prosecution had proved the charge beyond reasonable doubt.
The case dates back to June 3, 2020, when Mapusa Police raided his residence and allegedly found cannabis plants being cultivated within the house premises. The plants were seized in the presence of panch witnesses and later sent through the legal process as muddemal property.
Although the defence sought leniency on the ground that the accused was young and had no previous criminal antecedents, the court declined to soften the sentence.
“The nature of the offence does not warrant any lenient view in so far as imposition of sentence of imprisonment is concerned.”
While the NDPS Act prescribes a maximum punishment of 10 years’ imprisonment and a fine of up to Rs 1 lakh for the cultivation of cannabis, the court awarded a sentence equivalent to the period already undergone by the accused in custody.
Court records show that D’Souza was first arrested on June 3, 2020, and remained in jail till March 2, 2021, before being granted bail. He was subsequently taken back into custody on September 28, 2022, after failing to appear before the court, and has remained in judicial custody since then.
Taking both custody periods together, the court calculated the total jail period as four years, three months and 29 days, and ordered the period to be set off.
The court also imposed a fine of Rs 5,000. It further directed that the seized cannabis plants, samples and other case property be destroyed after the statutory appeal period, in accordance with the notified government procedure.
