Reduction of sentence for non-commercial quantity of contraband where accused has no criminal antecedents.

On April 26, 2024, police in Badwani intercepted the appellant’s motorcycle based on discreet information and seized 10kg of Ganja from a white plastic bag.

The Special Judge, NDPS Act, District Badwani, in S.T. No. 10/2024, convicted the appellant under Section 8(c) read with 20(b)(ii)(B) of the NDPS Act, sentencing him to 5 years RI with a fine of ₹10,000.

In the present appeal, the appellant initially challenged the conviction on grounds of non-compliance with Sections 42 and 50 of the NDPS Act and hostile witnesses.

However, during arguments, the appellant chose not to press the appeal on merits, confining the prayer to a reduction of sentence to the period already undergone (approximately 11 months), emphasizing that the seized quantity was non-commercial.

1. Whether the conviction of the appellant under the NDPS Act was legally sustainable despite contradictions in witness testimony.

2. Whether the sentence of 5 years RI could be reduced to the period already undergone or to a lesser term given that the contraband was a non-commercial quantity.

The court applied Section 20(b)(ii)(B) of the NDPS Act, which governs punishment for possessing a quantity of cannabis "lesser than commercial quantity but greater than small quantity" and does not prescribe a mandatory minimum sentence.

The court relied on the precedent set by the Supreme Court in R. Kumaravel v. Inspector of Police NIB CID (2019), which established that sentences for non-commercial quantities can be reduced based on time served and lack of criminal history.

It further considered several coordinate bench decisions such as Mangilal v. Central Narcotics Bureau (2006), Kamal v. State of M.P. (2012), and Tulsiram v. State of M.P. (2023), which consistently reduced sentences to periods ranging from 6 months to 2 years for similar non-commercial quantities.

The court affirmed the conviction, noting that the trial court correctly appreciated the documentary and oral evidence, and the prosecution followed all necessary procedures.

Regarding the sentence, the court observed that the appellant had already served approximately 11 months of his 5-year sentence.

Since 10kg of Ganja falls under the "non-commercial quantity" category, and the NDPS Act does not mandate a minimum term for this bracket, the court exercised its discretionary power.

By balancing the lack of the appellant's criminal antecedents against the gravity of the offence, the court determined that the interests of justice would be met by reducing the jail term while significantly increasing the financial penalty to serve as a deterrent.

The court reduced the appellant's substantive sentence from 5 years RI to 1 year RI.

Simultaneously, it enhanced the fine from ₹10,000 to ₹1,00,000, with a default stipulation of three months simple imprisonment.

The appellant was ordered to be set at liberty upon completion of the one-year term and payment of the enhanced fine.