### Jail sentence for NDPS offense reduced to period undergone upon enhancement of fine.

On August 2, 2019, Sub-Inspector Santosh Kumar Tiwari, acting on informant data, conducted a search and seizure operation in the presence of witnesses.

The authorities recovered 12 packets of Ganja weighing 11 kg and 900 grams from the appellant.

Following investigation and trial in SC NDPS No. 11/2019, the Special Judge (NDPS Act), Satna, convicted the appellant on January 9, 2026, under Section 8/20 of the NDPS Act, sentencing him to three years of rigorous imprisonment and a fine of Rs. 3,000.

The appellant challenged this judgment, though he ultimately limited his plea to the reduction of the sentence, citing that he had already served 1 year, 6 months, and 10 days in custody and was a first-time offender.

1. Whether the conviction of the appellant under Section 8/20 of the NDPS Act is legally sustainable based on the evidence on record.

2. Whether the substantive sentence of imprisonment can be reduced to the period already undergone, given the appellant’s status as a first-time offender and the duration of his current incarceration.

The Court applied Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which prohibits the possession and provides penalties for the contravention in relation to cannabis.

Procedurally, the appeal was governed by Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The Court exercised its judicial discretion regarding sentencing by balancing the nature of the offense against the offender's profile (non-habitual status) and the duration of the sentence already served.

The Court independently examined the trial record, including oral and documentary evidence (such as the Seizure, Identification, and Weight Panchnamas), and found no infirmity in the trial court’s finding of guilt.

Since the appellant did not contest the conviction on merits, the Court focused on the proportionality of the sentence.

The Court noted that the appellant was not a habitual offender and had already completed more than half of the original three-year sentence (1 year and 6 months).

It reasoned that while the conviction must be upheld to maintain the rigors of the NDPS Act, the "ends of justice" would be met by substituting the remaining jail time with a significantly higher monetary penalty.

The substantive sentence of imprisonment was reduced to the period already undergone, however, the court enhanced the fine from Rs. 3,000 to Rs. 30,000.

The appellant was ordered to be released forthwith upon deposit of the enhanced fine, failing which he must undergo the remainder of the original substantive sentence.