Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentencing Interpretation of s.32B ss.15(a) 16 32B NDPS 21(c) 31 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 – ss.15(a), 16, 21(c), 31, 32B – Interpretation of s.32B – Appellant convicted and sentenced u/s.21(c) to suffer rigorous imprisonment for a term of 18 years – High Court while maintaining the conviction, reduced the sentence to 16 years rigorous imprisonment – In appeal by the appellant, Supreme Court issued notice limited to the quantum of the sentence – Held: 1985 Act enumerates different offences and provides for punishment – Various sections provide for different punishments – There are few provisions in which minimum and maximum punishment have been provided for, however, they do not indicate any legislative policy regarding sentencing – In the present case, conviction has been recorded u/s.21(c)– s.21(c) provides that rigorous imprisonment shall not be “less than ten years but which may extend to twenty years and shall also be liable to fine” – s.32B is brought in the statute to rationalise the sentencing structure – Clauses (a) to (f) in s.32B enumerate various factors for imposing a punishment higher than the minimum term of imprisonment – Statutory scheme indicates that the decision to impose a punishment higher than the minimum is not confined or limited to the factors enumerated in clauses (a) to (f) – Court’s discretion to consider such factors as it may deem fit is not taken away or tinkered – High Court held that since the actual quantity of Heroine which the appellant was found in possession of was 609.6gm, as against the alleged quantity of 8.175 Kg of Heroin, which is much higher than the commercial quantity, thus punishment higher than the minimum is justified – Judgment of the trial court and the High Court awarding the punishment higher than the minimum, upheld – However, in the facts and circumstances of the case including the fact that it was found by the High Court that the appellant was only a carrier, the ends of justice will be sub-served in reducing the sentence from 16 years to 12 years – Conviction of the appellant maintained – Sentenced to undergo 12 years rigorous imprisonment, with Rs. 2 lakh fine, in default of payment of which the appellant to further undergo simple imprisonment for six months – Sentencing – Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2019 INSC 639 |
Petitioner | Rafiq Qureshi |
Respondent | Narcotic Control Bureau Eastern Zonal Unit |
SCR | [2019] 7 S.C.R. 248 |
Judgement Date | 2019-05-07 |
Case Number | 567 |
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