30-Kg Poppy Straw Case: P&H HC Upholds Conviction, Cuts 3-Year Sentence To Time Served After 26 Years of Litigation

The appellant was convicted under Section 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, after 30 kg of poppy straw was recovered from a gunny bag he was carrying.

The trial court sentenced him to three years’ rigorous imprisonment and a fine of ₹10,000, with three months’ further rigorous imprisonment in default of payment.

On appeal, the appellant expressly did not challenge the conviction and sought reduction of sentence, relying on the time already served, the age of the case, and his record since the offence.

The State opposed sentence reduction.

The court applied Section 15(b) of the NDPS Act, under which the appellant had been convicted.

In considering sentence, it treated the non-commercial quantity involved, the absence of a prescribed minimum sentence, the appellant’s time already served, the lapse of approximately 26 years, his age, and his record as relevant circumstances for exercising appellate discretion.

The judgment cites no precedent.

The court reviewed the trial record notwithstanding the appellant’s limited challenge and found the prosecution evidence consistent and sufficient to sustain the conviction; it therefore saw no basis to interfere with that finding.

On sentence, it considered that the recovery was of non-commercial quantity, the appellant had served three months and three days of the three-year term, the case had continued for over 26 years, and he had not been prosecuted for another offence during that period.

It concluded that the sentence already served was adequate to meet the ends of justice.

The appeal was partly allowed.

Pending miscellaneous applications, if any, were disposed of accordingly.