Reduction of sentence to period already undergone for possession of non-commercial quantity under NDPS Act.

The appellant was intercepted by police on October 11, 2019, while traveling in a vehicle (MP-43-CA-6471), leading to the recovery of 45 kg of poppy straw.

On October 7, 2025, the Special Judge (NDPS Act), Ratlam, convicted the appellant under Section 8/15(B) of the N.D.P.S. Act, sentencing him to 7 years R.I. and a fine of ₹10,000.

The appellant challenged this judgment, primarily seeking a reduction in sentence on the grounds that the quantity seized was non-commercial and he had already undergone 2 years, 2 months, and 2 days of incarceration.

1. Whether the sentence of 7 years R.I. for possession of a non-commercial quantity of poppy straw should be reduced to the period already undergone by the appellant.

Section 8/15(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, noting that for quantities intermediate between "small" and "commercial," no mandatory minimum sentence is prescribed.

Supreme Court precedent in R. Kumaravel v. Inspector of Police NIB CID [CRA No.1056/2019], which held that for non-commercial quantities, sentences may be reduced based on the circumstances and time already served.

Mangilal v. Central Narcotics Bureau [2006 Law Suit (MP) 111] and Kamal v. State of M.P. [2012 Law Suit (M.P.) 2298] regarding the judicial trend of reducing sentences to the period undergone in cases involving non-commercial contraband.

The court observed that while the conviction was supported by evidence, the 45 kg of poppy straw recovered was less than the commercial quantity.

The court evaluated the appellant’s prayer for leniency through the lens of established judicial discretion in NDPS cases where no minimum sentence is mandated.

Highlighting that the appellant had already served over 26 months of a 7-year sentence, the court balanced the nature of the offense with the sentencing precedents of the Apex Court and coordinate benches.

The court determined that in view of the legal propositions regarding non-commercial quantities, it was "expedient" to maintain the conviction but reduce the incarceration to the period already served.

The High Court partly allowed the appeal. The fine of ₹10,000 and the default stipulation were maintained. The court ordered the appellant’s immediate release and the discharge of bail bonds upon payment of the fine.