Sentence for intermediate quantity NDPS offence reduced to period served while maintaining fine.

On January 23, 2017, acting on an informer's tip, the City Kotwali Police, Dhamtari, conducted a search at the New Bus Stand.

The police seized 8 KG of cannabis (ganja) from the possession of the appellant, Ghanshyam Manjhi.

Following his arrest, the appellant was charged under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

On September 13, 2017, the Special Judge (NDPS Act), Dhamtari, convicted the appellant and sentenced him to seven years of Rigorous Imprisonment (RI) with a fine of Rs. 50,000.

The appellant challenged this judgment, primarily seeking a reduction in sentence, having already undergone approximately three years of imprisonment.

1. Whether the prosecution successfully established compliance with the mandatory procedural requirements under Sections 42, 52-A, and 55 of the NDPS Act?

2. Whether the substantive sentence of seven years RI should be reduced to the period already undergone by the appellant?

Section 20(b)(ii)(B) of the NDPS Act, which provides the punishment for contravention involving an intermediate quantity of cannabis.

Section 42 (power of entry, search, seizure, and arrest without warrant), Section 52-A(3) (disposal of seized drugs), and Section 55 (police to take charge of articles seized and delivered) of the NDPS Act.

Section 374(2) of the CrPC to review the proportionality of the sentence.

The Court reviewed the testimonies of nine prosecution witnesses and thirty-six exhibited documents.

It found that the Investigating Officer had duly complied with the mandatory statutory safeguards regarding search and seizure under Sections 42, 52-A(3), and 55 of the NDPS Act.

The Forensic Science Laboratory report further corroborated the prosecution's case by confirming that the seized samples were cannabis.

Regarding the quantum of sentence, the Court noted that the appellant did not press the appeal on merits but confined his argument to the sentence part.

Highlighting that the incident occurred in 2017, the quantity involved was 8 KG (intermediate quantity), and the appellant had already served approximately three years of his seven-year term, the Court determined that the interests of justice would be served by a sentence reduction.

However, it modified the order of sentence, reducing the seven-year RI to the period of imprisonment already undergone by the appellant.

The fine amount of Rs. 50,000 and its corresponding default sentence were maintained.

The appeal was partly allowed regarding the sentence modification.