MP HC Cuts 6.93g Smack Convict’s Jail Term To 17 Months, Raises Fine To ₹25,000 After Finding No Prior Record

On 14 April 2025, police recovered 6.93 grams of heroin (smack) from the appellant’s possession and prosecuted him under Sections 8 and 21(b) of the NDPS Act.

The Special Judge, Narsinghpur, convicted him under Section 8 read with Section 21(b) and sentenced him to two years’ rigorous imprisonment, a fine of ₹10,000, and one year’s rigorous imprisonment in default of payment.

On appeal, the appellant did not challenge his conviction and sought reduction of his substantive sentence, relying on the quantity recovered, his status as a first-time offender, and the period of imprisonment already undergone, stated to be approximately 17 months.

Section 8 read with Section 21(b) of the NDPS Act governed the offence and punishment for the heroin possession at issue.

In determining the appropriate sentence, the Court considered the quantity of the contraband, the appellant’s lack of prior criminal antecedents, and the period of incarceration already undergone as relevant circumstances.

The appeal was brought under Section 374(2) of the Code of Criminal Procedure, 1973, read with Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

No precedent was cited.

The Court independently examined the prosecution evidence despite the appellant not contesting the conviction and found no illegality or perversity in the trial court’s assessment; it therefore affirmed the conviction.

On sentence, it noted that 6.93 grams exceeded the notified small quantity of 5 grams but was substantially below the commercial quantity of 250 grams, and considered the appellant’s lack of antecedents and approximately 17 months already served.

It concluded that the sentence could be reduced to time served while increasing the fine.

The conviction under Section 8 read with Section 21(b) of the NDPS Act was affirmed, while the two-year substantive sentence was reduced to the period already undergone, stated as 17 months.

The fine was enhanced from ₹10,000 to ₹25,000; the default sentence remained unchanged.

The appellant was directed to pay the enhanced fine within one month and was to be released forthwith if not required in another case.