Businessman Imran Khan has requested a suspended sentence following his conviction for possessing 4.1364 grams of methamphetamine, with his defence arguing that mercy is the highest expression of justice.
Appearing before Magistrate Yogesh Prasad, lawyer Shayal Kant argued that a prison sentence would trigger a harsh “multiplier effect,” punishing Mr Khan’s family alongside him. Ms Kant urged the court to focus on fairness, proportionality and rehabilitation, emphasising that her client was convicted strictly of possession, not drug supply or trafficking.
The charge stems from a February 7, 2023 incident where police found the drugs hidden in a modified water bottle inside Mr Khan’s vehicle.
Ms Kant highlighted Mr Khan’s health issues, including diabetes and heart disease, and noted the severe impact imprisonment would have on his dependents.
She argued that Mr Khan, who became emotional in court, remains capable of rehabilitation.
Contending that punishment had already begun through public stigma and three days spent in remand, Ms Kant reiterated the call for judicial mercy.
However, senior State lawyer Bhavna Kantharia argued for a custodial sentence, stating Mr Khan’s actions showed a clear disregard for the law.
While acknowledging a lack of evidence regarding whether the drugs were for personal or commercial use, Ms Kantharia maintained that possession inherently fuels Fiji’s drug crisis.
Ms Kantharia pushed for a deterrent sentence, warning that Fiji is increasingly becoming a hub for drug activity.
She argued that potential offenders must realise courts will not grant leniency, as the prevalence and severity of methamphetamine offences outweigh personal circumstances.
Mr Prasad stated he was bound by sentencing principles established by the higher courts. He would consider both submissions before delivering his final judgment on Tuesday, June 30, at 2.30pm.
