NDPS sentencing relief confined to default imprisonment for non-payment of fine; minimum substantive sentence and fine remained intact

Conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 remained undisturbed, and the minimum substantive imprisonment and fine could not be reduced because they were already at the prescribed minimum. The sentencing court's default term for non-payment of fine was, however, reassessed in light of the period already undergone and the applicable sentencing power, and was reduced to simple imprisonment for one month for each offence. The remaining sentence terms were maintained.

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Issues: Whether the sentence order required modification by reducing only the default sentence for non-payment of fine while leaving the minimum substantive sentence and fine intact.

Analysis: The conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 was not challenged and stood affirmed. On sentence, the substantive imprisonment and fine could not be reduced as both were the minimum prescribed. However, considering the period already undergone and the relevant sentencing power, the default sentence for non-payment of fine was liable to be reassessed.

Conclusion: The sentence order was modified only to the extent that the default sentence for non-payment of fine was reduced to simple imprisonment for one month each under both offences, while the remaining terms of sentence were maintained.

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