Conviction Upheld for Illegal Ganja Possession with Sentence Reduced to Period Already Undergone and Enhanced Fine

On March 29, 2024, the police acting on secret information intercepted the appellant and recovered 6.400 kg of ganja (cannabis) from his possession.

Following an investigation and trial in Special Case (NDPS) 08/2024, the Special Judge, NDPS Act, Narmadapuram, convicted the appellant on May 30, 2026.

The appellant was sentenced to three years of Rigorous Imprisonment (R.I.) and a fine of ₹10,000.

The appellant challenged this judgment before the High Court of Madhya Pradesh, seeking a reduction of the sentence to the period already undergone, which was approximately 1 year, 2 months, and 13 days.

1. Whether the conviction of the appellant under Section 8 read with Section 20(b)(ii)(AA) of the NDPS Act is legally sustainable based on the evidence on record.

2. Whether the jail sentence can be modified or reduced to the period already undergone by the appellant while enhancing the fine amount.

Section 374(2) of the Cr.P.C. read with Section 415 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) regarding the right to appeal against conviction.

Section 8 read with Section 20(b)(ii)(AA) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which prohibits the possession and transportation of cannabis and prescribes penalties for quantities less than commercial but greater than small.

The High Court independently reviewed the trial record, including the testimonies of prosecution and defense witnesses, to ensure the conviction was legally sound despite the appellant not challenging the merits.

The Court found that the findings of the trial court were based on a proper appreciation of oral and documentary evidence, particularly the recovery of 6.400 kg of contraband in the presence of independent witnesses.

Balancing the nature of the offense with the period already served, the Court determined that the interest of justice would be served by reducing the custodial sentence to the "period already undergone" while significantly increasing the financial penalty to act as a deterrent.

The jail sentence was reduced to the period already undergone (approx. 1 year, 2 months, 13 days), and the fine was enhanced from ₹10,000 to ₹25,000; the Court ordered the appellant's immediate release from custody subject to payment of the enhanced fine.