Proportional sentencing under NDPS law led to conviction being upheld but custodial term reduced for mitigating factors.
Conviction under the NDPS Act was maintained, but the sentence was reduced because the seized ganja quantity was 3 kg 400 gm, above small quantity yet far below commercial quantity. The court applied the statutory quantity-based sentencing scheme and the principle of proportionality, taking into account the appellants' custody already undergone, absence of criminal antecedents, good jail conduct, and family circumstances. On that basis, it held that a lesser punishment would better serve the ends of justice and reduced the substantive sentence to the period already undergone, with a corresponding reduction in fine.
Issues: Whether the conviction under the Narcotics Drugs and Psychotropic Substances Act, 1985 should be maintained while reducing the sentence in view of the quantity of ganja seized, the appellants' antecedents, and the principle of proportionality in sentencing.
Analysis: The conviction was not disputed on appeal and was affirmed. The only live question was the quantum of punishment. The quantity seized was 3 kg 400 gm of ganja, which was above the small quantity and far below the commercial quantity. The sentence imposed by the trial court was therefore examined in light of the statutory scheme, which prescribes punishment according to the quantity involved. The Court also considered the appellants' custody period, absence of criminal antecedents, good jail conduct, and family circumstances, and held that a sentence proportionate to the quantity seized would better meet the ends of justice.
Conclusion: The conviction was upheld, but the substantive sentence was reduced to the period already undergone and the fine was reduced.
Ratio Decidendi: In NDPS matters involving quantity greater than small quantity but substantially below commercial quantity, sentence must be calibrated on the principle of proportionality, taking into account the quantity seized and relevant mitigating circumstances.
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