Courts lenient on 'poor' drug peddlers

Of late, while deciding on the quantum of the punishment, the Delhi courts have started considering the economic background and circumstances of foreign nationals caught for peddling drugs inside India. Taking into account that sometimes people are forced to commit crimes due to their extremely poor financial condition, the courts have started taking a lenient view of such cases.

In fact, a sort of trend seems to be emerging. Most of these accused are nabbed from the Indira Gandhi International Airport (IGIA), are from impoverished African nations, are grappling with back-breaking poverty, plead guilty when caught, and are sentenced for a period that they have already spent behind the bars, along with a fine.

Talking about the matter, Additional Sessions Judge SK Guatam observed: "It is generally noticed that the main kingpins go scot-free while the conduit they use, such as these peddlers, who are invariably poor, get caught."

For instance, Belinda Fourie, a single mother with two children, was arrested in 2015 with 14.5kg of ephedrine. Fourie's son was born after the death of her husband, and she is also responsible for her 65-year-old ailing mother.

During the hearing of her case, a Delhi court had observed: "She may have been forced due to her economic condition. 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 convict has admitted to her guilt. She is a foreign national and detaining her is an unnecessary liability on our jail." The court later deported Fourie to her country.

The courts have delivered similar verdicts for many such accused. "The sole purpose of punishing an offender is not retribution alone and the courts must make an attempt within the parameters of the law to afford an opportunity to the offender to reform himself and lead a normal, useful life," a judge had said during a hearing.

Paul Mwenda, another such peddler caught, had told the court that his children had to opt out of school as he was unable to pay their fee. He had a wife, an 89-year-old mother, and his children and he was the sole breadwinner for his family.

Similarly, the counsel of peddler Ramadhan Ismail had informed the court that Ismail was suffering from a terminal disease, and that he had lost 38 kg of weight during the 21 months that he had spent in jail. Bella Moloi from South Africa was also suffering from borderline Left Ventricular Hypertrophy (LVH).

All these convicts, among many others, were sentenced for the time period they had already spent in jail, with their fines ranging between Rs 50,000 and Rs 75,000.

CRIME FILE

Name: Belinda Fourie

Nationality: South African
Time spent in jail: 10 months 7 days
Arrested on June 26, 2015, with 14.5 kg of ephedrine
Sentence: RI for a period already spent in jail and a fine of Rs 75,000 or simple imprisonment

Name: Paul Mwenda

Nationality: Zambian
Time spent in jail: 12 months 24 days
Arrested on April 15, 2016, with 34.7 kg of ephedrine hydrochloride
Sentence: RI for a period already spent in jail and a fine of Rs 50,000 or simple imprisonment

Name: Ramadhan Ismail

Nationality: Tanzanian                                   
Time spent in jail: 21 months
Arrested on July 10, 2015, with 25 kg of ephedrine
Sentence: RI for a period already spent in jail and a fine of Rs 50,000 or simple imprisonment

Name: Rachel Zulu

Nationality: South African
Time spent in jail: 25 months
Arrested on April 23, 2015, with 22 kg of pseudoephedrine hydrochloride
Sentence: RI for a period already spent in jail and a fine of Rs 70,000 or simple imprisonment

Name: Bella Moloi

Nationality: South African
Time spent in jail: 9 months
Arrested on October 6, 2013, with 8 kg of pseudoephedrine
Sentence: RI for a period already spent in jail and a fine of Rs 75,000 or simple imprisonment