Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence/Sentencing: Conviction of appellant-accused under s.21 of NDPS Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Sentence/Sentencing: Conviction of appellant-accused under s.21 of NDPS Act – He was found to be in possession of 1 kg heroin which is four times more than the minimum of commercial quantity – As per NDPS Act, 250 gm and above of Narcotic substance/drug is a commercial quantity – The minimum sentence provided under s.21 of the NDPS Act is 10 years R.I. – So far as the commercial quantity is concerned, it may be upto 20 years R.I. – Appellant was sentenced to 15 years R.I. with fine of Rs.2 lakhs – Plea of appellant that while imposing punishment of 15 years R.I. which is higher than the minimum term of imprisonment of 10 years R.I. neither the Special Court nor High Court assigned any reasons taking into account the factors mentioned in s.32B of the NDPS Act – Held: Appellant- accused was found to be in possession of 1 kg heroin and he sold it to the informant – Therefore, he cannot be said to be a mere carrier – In given case, even a carrier who is having the knowledge that he is carrying with him narcotic substance/drugs and is found to be with huge commercial quantity of narcotic substance/drugs can be awarded the sentence higher than the minimum sentence provided under the Act – Therefore, the sentence imposed by the Special Court of 15 years R.I. with fine of Rs.2 lakhs, confirmed by the High Court is not required to be interfered with – It cannot be said that while imposing such punishment the Court took into consideration any irrelevant factors – Narcotic Drugs and Psychotropic Substances Act, 1985 – s.32B. Sentence/Sentencing: Mitigating circumstances – Offence of drug trafficking – Merely because the accused is a poor man and/ or a carrier and/or is a sole bread earner cannot be such mitigating circumstances in favour of the accused while awarding the sentence/ punishment in case of NDPS Act – While awarding the sentence/punishment in case of NDPS Act, the interest of the society as a whole is also required to be taken in consideration – Narcotic Drugs and Psychotropic Substances Act, 1985. Narcotic Drugs and Psychotropic Substances Act, 1985: s.32B – Relevant factors for imposing punishment higher than the minimum terms of imprisonment – Held: While imposing the punishment higher than the minimum term of imprisonment or amount of fine, the Court may take into account such factors as it may deem fit and also the factors enumerated/mentioned in s.32B of the Act – The quantity of substance would fall into “such factors as it may deem fit” and while exercising its discretion of imposing the sentence/imprisonment higher than the minimum, if the Court has taken into consideration such factor of larger/higher quantity of substance, it cannot be said that the Court has committed an error – The Court has a wide discretion to impose the sentence/imprisonment ranging between 10 years to 20 years and while imposing such sentence/imprisonment in addition, the Court may also take into consideration other factors as enumerated in s.32B (a) to (f) – In the instant case, while considering the request made on behalf of the accused to award lesser punishment and to take lenient view while sentencing him, the Special Court in fact took into consideration the relevant facts/ factors while not imposing the maximum punishment of 20 years R.I. and awarding the sentence of 15 years R.I. – Therefore, as such, it cannot be said that the Special Court did not at all apply its mind while awarding the sentence. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 232 |
Petitioner | Gurdev Singh |
Respondent | State Of Punjab |
SCR | [2021] 4 S.C.R. 439 |
Judgement Date | 2021-04-06 |
Case Number | 375 |
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