NDPS sentence reduced to eighteen months prioritizing reformative theory of punishment over retributive incarceration.

On September 10, 2022, police officials in Raipur conducted a raid based on confidential information, leading to the seizure of psychotropic substances from the appellants.

From Devnarayan Sahu, 4.20g of Alprazolam and 25g of Nitrazepam were recovered; from Sawan Puli, 20g of Alprazolam and 87g of Tramadol were seized

A Forensic Science Laboratory (FSL) report (Ex.P-57) confirmed the substances were psychoactive

On October 6, 2025, the Special Judge (NDPS Act), Raipur, convicted both appellants under Section 22(B) of the NDPS Act, sentencing them to 10 years of rigorous imprisonment (RI) and a fine of ₹1,00,000 each

The appellants appealed under Section 415 of the BNSS, 2023, primarily seeking a reduction in sentence rather than challenging the conviction on merits

1. Whether the conviction of the appellants under Section 22(B) of the NDPS Act, 1985, is legally sustainable based on the evidence on record

2. Whether the sentence of 10 years RI should be modified considering the age of the appellants, their family responsibilities, and the reformative theory of punishment

Section 22(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which prescribes punishment for contravention in relation to psychotropic substances involving intermediate quantities

Section 415 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The court relied on the landmark precedent of Mohammad Giasuddin v. State of Andhra Pradesh (1977) 3 SCC 287, which established the reformative theory of penology, holding that the state should focus on rehabilitating and redeeming offenders rather than pursuing purely retributive or "in terrorem" punishments

The Court affirmed the conviction after finding that the testimonies of the seizure witnesses (PW-14), the seizure memos (Ex.P-23 & P-24), and the SFSL report (Ex.P-57) conclusively established the appellants' involvement

Regarding the sentence, the Court noted that Devnarayan Sahu (24 years) and Sawan Puli (43 years) had family responsibilities and had been litigating since 2022

The Court emphasized the reformative principles cited in Mohammad Giasuddin, stating that men are not improved by injuries and that incarceration should aim at reshaping the individual

Given the time already served (315 and 239 days respectively), the Court found that a reduction of the 10-year sentence to 1.5 years would sufficiently serve the ends of justice

The fine of ₹1,00,000 and the default imprisonment of 2 years RI remained unchanged

The Court directed that the period of custody already undergone be set off against the new sentence and ordered the release of the appellants upon completion of the 1.5-year term