FBD Dsek:

The High Court has upheld the conviction of a 65-year-old woman in a drug case on three conditions, including service to her mother and living with her family. A single bench of High Court Justice Zafar Ahmed passed the verdict on Sunday (November 8th) in a revision case filed by five-year-old convict Moti Matbar. The verdict was announced by granting probation to stay with the family without sending the accused to jail.

According to the lawyers, this is the landmark verdict of the High Court by admitting the accused. They said Moti Matbar, who was sentenced to five years in a drug case, would stay with his family, not in jail. However, a few conditions must be met. He will be under the probation officer for a year and a half.

The 75-year-old mother has to take care of that condition. Girls studying in 10th class and boys studying in second class have to continue their education. You cannot marry a girl before the age prescribed by law. If he does not abide by these conditions, he will have to go to jail.

Lawyer Mohammad Shishir Monir appeared for the accused in the court. He was assisted by a lawyer. Ruhul Amin and Md. Asad Uddin. Deputy Attorney General Md. Enamul Haque Mollah represented the state.

After the verdict, lawyer Shishir Muhammad Monir told reporters that the High Court had upheld the conviction of Moti Matbar under the Narcotics Control Act. This is the second judgment of the High Court in the history of Bangladesh. This is the first verdict in the special law, which is very promising and groundbreaking.

He further said that the High Court had stayed the sentence of the convict on the condition that he stay with his family and not in jail. He accepted the application for the opportunity to enter the verdict and rejected the revision of the accused.

Shishir Monir said the court had granted probation for a year and a half and issued several directions. The accused has to maintain his family ties. Must serve mom. We have to ensure the education and care of our children. According to the law, you can’t marry your daughter until you are old enough.

Social service officer was present in court at the time. Azizur Rahman Masud. The accused was immediately handed over to his care, the lawyers said.

They said a case was filed with Dhaka’s Kotwali police station on November 23, 2015, alleging that 411 pieces of yaba had been recovered from accused Moti Matbar and another accused. Following the trial of the case, on January 8, 2016, the Dhaka Metropolitan Magistrate’s Court sentenced them to five years rigorous imprisonment and a fine of Tk 20,000 under the Narcotics Control Act.

The same session was rejected by the Metropolitan Sessions Judge’s Court the same year after an appeal was filed in the lower court. Later, accused Moti Matbar applied for revision in the High Court Division on July 1, 2016.

At the revision hearing, the accused said that the case could be ordered under Section 5 of the Probation Ordinance, 1980, as it was his first offense and he had no record of being involved in any other offense. There is no information that he will commit any crime in the future. That’s why he can get a chance in probation law.

Following the hearing of the application, the Criminal Correction and Rehabilitation Committee, Dhaka, directed to open the bank account and TIN number in the name of the accused within 10 days on October 8 this year. The Dhaka District Probation Officer informed the High Court on October 21 about the steps taken in the light of this order.

The court later directed to give another (antisident report) report on the accused. According to the order, the probation officer submitted the report on November 2. That report made good comments about the character of the accused.

It may be mentioned that Moti Matbar was jailed for 20 months after his arrest on November 23, 2015.(Source: Online)