Conviction Affirmed Under Section 20(b)(ii)(B) of NDPS Act with Sentence Reduced to Period Already Undergone.

The Appellant was apprehended by the Assistant District Excise Officer on 29.07.2015 at Daihanpara Chowk based on informer tips

Upon search, 3 kg of marijuana (ganja) was recovered from a plastic bag in his possession; samples were drawn, sealed, and subsequently tested positive at the Forensic Science Laboratory

The Special Judge (NDPS), Korba, convicted the Appellant on 27/08/2016 under Section 20(b)(ii)(B) of the NDPS Act, sentencing him to 4 years R.I. and a fine of Rs. 10,000

The Appellant challenged this conviction, though during the appeal, he confined his arguments strictly to the quantum of the sentence

1. Whether the prosecution successfully established the procedural requirements and conscious possession of the contraband under the NDPS Act

2. Whether the substantive sentence should be reduced to the period already undergone given the lapse of time and nature of the quantity

The Court applied Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which penalizes the possession of intermediate quantities of cannabis

It strictly monitored compliance with Section 42 (power of entry, search, seizure without warrant), Section 50 (conditions under which search of persons shall be conducted), and Section 57 (report of arrest and seizure) of the NDPS Act

The legal principle applied ensures that while procedural safeguards protect the accused, reliable official testimony can sustain a conviction even if independent witnesses turn partially hostile

The Court found that the Investigating Officer (PW-5) properly recorded secret information and informed superiors, satisfying Section 42

Although independent witnesses (PW-1, PW-2, PW-3) did not fully support the prosecution, their admitted signatures on the seizure memos corroborated the official testimony

Compliance with Section 50 was evidenced by a prepared consent memo, and the chain of custody was established through malkhana registers and FSL reports confirming the substance as ganja

Regarding the sentence, the Court noted that the 3 kg seized was an "intermediate quantity" (not commercial), the incident occurred over 10 years ago (2015), and the Appellant had already served 1 year, 2 months, and 26 days in jail

However, the appeal was allowed in part regarding the sentence; the substantive R.I. was reduced to the period already undergone by the Appellant, while the fine of Rs. 10,000 remained intact

The Appellant’s bail bonds were ordered to remain operative for six months per Section 437A CrPC (now Section 481 of BNSS, 2023)