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The High Court has upheld the conviction of a 65-year-old woman in a drug case for three conditions, including serving her mother and living with her family. A single bench of High Court Judge Zafar Ahmed rendered the verdict on Sunday (November 8) in a review case brought by five-year convict Moti Matbar. The verdict was announced granting parole to remain with the family without sending the defendant to jail.
According to the lawyers, this is the historic verdict of the High Court in admitting the defendants. They said Moti Matbar, who was sentenced to five years in a drug case, would stay with his family, not in jail. However, some conditions must be met. He will be in charge of the probation officer for a year and a half.
The 75-year-old mother has to take care of this condition. Girls who study in tenth class and boys who study in second class must continue their education. He cannot marry a girl before the age prescribed by law. If you do not meet these conditions, you will have to go to jail.
Lawyer Mohammad Shishir Monir appeared before the defendant in court. He was assisted by a lawyer. Ruhul Amin and Md. Asad Uddin. The Deputy Attorney General, Md. Enamul Haque Mollah, represented the state.
The accused is Moti Matbar
After the verdict, lawyer Shishir Muhammad Monir told reporters that the High Court had upheld Moti Matbar’s conviction under the Narcotics Control Act. This is the second High Court ruling in the history of Bangladesh. This is the first verdict of a special law, which is very promising and revolutionary.
He also said that the Superior Court had suspended the sentence of the convict on the condition that he stay with his family and not in jail. He accepted the request for the opportunity to render the verdict and rejected the defendant’s review.
Shishir Monir said the court had granted probation for a year and a half and issued several instructions. The accused must maintain his family ties. It must serve mom. We have to guarantee the education and care of our children. According to the law, you cannot marry your daughter until she is old enough.
The social services officer was present in court at the time. Azizur Rahman Masud. The defendant was immediately turned over to his care, lawyers said.
They said a case was filed at Dhaka’s Kotwali Police Station on November 23, 2015, alleging that 411 pieces of yaba were recovered from the defendant Moti Matbar and another defendant. Following the trial of the case, on 8 January 2016, the Dhaka Metropolitan Magistrates Court sentenced them to five years in severe prison and a fine of Taka 20,000 under the Narcotics Control Act.
The same session was rejected by the Metropolitan Sessions Court of Judges the same year after an appeal was filed in the lower court. Subsequently, defendant Moti Matbar requested review in the Superior Court Chamber on July 1, 2016.
At the review hearing, the defendant said the case could be ordered under Section 5 of the Parole Ordinance of 1980, as this 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 you may have a shot at parole law.
Following the hearing of the request, the Association for Criminal Correction and Rehabilitation, Dhaka, ordered to open the bank account and TIN number in the defendant’s name within 10 days of October 6 this year. The Dhaka District Probation Officer informed the High Court on October 21 of the actions taken in light of this order.
Subsequently, the court ordered another report (antisident report) on the accused. According to the order, the probation officer submitted the report on November 2. That report made good comments on the character of the accused.
It is worth mentioning that Moti Matbar was detained 20 months after his arrest on November 23, 2015.
FH / SHS / PR
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