Sentence enhancement under NDPS regime declined where first-time offenders showed mitigating personal circumstances and no hardened criminality.

The Delhi HC considered whether sentence enhancement was justified for respondents convicted of attempting to export pseudoephedrine hydrochloride under the NDPS regime. The conviction on merits was accepted because knowledge of carrying a chemical substance, recovery, and the expert report were undisputed, and the finding of guilt stood confirmed. On sentence, the Court declined enhancement, relying on the respondents' clean antecedents, their personal circumstances, their status as women with dependent children, and the material indicating they were acting at the behest of others rather than as hardened offenders. The trial court sentence of one year's rigorous imprisonment with fine was maintained, with directions for deportation and payment of fine if unpaid.

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Issues: Whether the sentence imposed on the respondents for attempting to export pseudoephedrine hydrochloride warranted enhancement in an appeal under Section 377 of the Code of Criminal Procedure, 1973.

Analysis: The conviction on merits was accepted. The Court noted that the respondents had admitted knowledge that they were carrying a chemical substance, that the recovery and expert report were not disputed, and that the trial court's finding of guilt for contravention of the NDPS regime stood confirmed. On sentence, the Court considered the absence of previous criminal antecedents, the respondents' personal circumstances, their status as women with dependent children, and the material showing that they were acting at the behest of others and were not hardened offenders. The Court held that, in these facts, the sentence of one year's rigorous imprisonment with fine did not call for enhancement.

Conclusion: The prayer for enhancement of sentence was declined and the sentence imposed by the trial court was maintained, with a direction for deportation and payment of fine if unpaid.

Ratio Decidendi: Enhancement of sentence is not warranted merely because the offence is serious, where the offenders are first-time offenders and the record shows mitigating personal circumstances and absence of hardened criminality.

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