Conviction for intermediate quantity NDPS offence upheld; sentence reduced to period of incarceration already undergone.

On January 28, 2017, the police received informant testimony regarding a person carrying Ganja in an air bag near Vinoo Petrol Pump

Assistant Sub Inspector J.S. Maravi conducted a search of the appellant, Pradeep Kumar Das, after preparing the necessary panchnamas and obtaining consent

The search yielded 4.5 kg of Ganja, which was weighed and sampled on-site

The appellant was charged under Section 20(ii)(B) of the NDPS Act and pleaded not guilty

On April 17, 2018, the Special Judge, Raipur, convicted the appellant and sentenced him to 1 year and 6 months of Rigorous Imprisonment (R.I.) with a fine of ₹10,000

The appellant had served approximately 1 year and 3 months of this sentence before being granted bail during the pendency of this appeal

1. Whether the prosecution established beyond reasonable doubt that the appellant was in conscious possession of the contraband in compliance with the mandatory provisions of the NDPS Act

2. Whether the sentence awarded by the Trial Court should be reduced to the period already undergone by the appellant given the lapse of time and the quantity of the contraband

The court primarily applied Section 20(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which provides the punishment for contravention in relation to intermediate quantities of cannabis

It further adhered to the procedural requirements of the NDPS Act regarding the reduction of informant information to writing, search and seizure protocols, and the maintenance of the chain of custody for chemical examination

Finally, it applied Section 437A of the CrPC (now Section 481 of the Bhartiya Nagrik Suraksha Sanhita, 2023) regarding the continuation of bail bonds

The court found that the testimonies of the investigating officer and seizure witnesses consistently established that the contraband was recovered from the appellant's conscious possession

It determined that the mandatory provisions of the NDPS Act were satisfied, as the search was conducted lawfully and the link evidence—connecting the seized samples to the FSL report—remained intact without any suggestion of tampering

Regarding the sentence, the court noted that the appellant did not press the appeal on merits but sought a reduction in quantum

The court observed that the incident occurred in 2017, the quantity was not "commercial," the appellant was not a habitual offender, and he had already served a significant portion (1 year and 3 months) of his 1.5-year sentence

Consequently, the court reasoned that the ends of justice would be met by modifying the sentence to the time already served

The fine of ₹10,000 and the default sentence were affirmed

The court directed that the appellant’s bail bonds remain operative for six months pursuant to Section 481 of the Bhartiya Nagrik Suraksha Sanhita, 2023