Non-Commercial Quantity, No Minimum Sentence Prescribed: MP High Court Releases NDPS Accused Imprisoned For Over 2 Yrs

The Madhya Pradesh High Court at Indore has released an accused who was booked for the possession of 6kgs of ganja in 2016 and had been sentenced to three years of rigorous imprisonment.

The court noted that the accused had undergone more than 2 years of imprisonment and released him from custody while enhancing the fine amount imposed by the trial court.

The bench of Justice Prem Narayan Singh partly allowed the appeal filed by the appellant, who was originally sentenced to three years of rigorous imprisonment and a fine of ₹10,000 by the Special Judge (NDPS Act) in Indore, and reduced his sentence to the period already served, with an enhanced fine of ₹25,000.

Justice Singh, while delivering the judgment, concurred with the arguments presented by the appellant's counsel. He noted, “The appellant has suffered approximately two years and three months of jail incarceration out of the three-year sentence. Additionally, the appellant has endured the ordeal of a criminal trial since 2016.” He further observed, “There is no minimum sentence prescribed in this regard, and considering the absence of any criminal antecedents, it is expedient to reduce the sentence to the period already undergone while enhancing the fine amount to ₹25,000.”

The case, arising from a 2016 incident, involved the recovery of 6 kilograms of ganja from the convict and a co-accused, leading to their arrest and subsequent conviction under Section 8(c) read with Section 20(b)(ii)(b) of the NDPS Act. The legal proceedings, which spanned over eight years, culminated in conviction by the Special Judge, where the accused was sentenced to three years of rigorous imprisonment.

The appellant's counsel did not challenge the conviction's merits but urged the court to consider the time already served by the appellant, which exceeded two years and three months.

The counsel argued for a reduction in the sentence, citing the appellant's extended pre-sentencing incarceration and the absence of prior criminal antecedents. He referenced several judgments, including R. Kumaravel vs. Inspector of Police NIB CID (CRA No.1056/2019), where the Supreme Court reduced the sentence for a similar non-commercial quantity case, and other precedents from the Madhya Pradesh High Court where sentences were mitigated under similar circumstances.

In its judgment, the High Court acknowledged that though the trial court had not erred in appreciating the evidence, which substantiated the prosecution's case beyond doubt, the accused deserved to be released based on the time already served and the prolonged trial.

Case title: Anarji vs. The State of Madhya Pradesh

Citation: 2024 LiveLaw (MP) 188

Case No: CRIMINALAPPEAL No. 7266 of 2024

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