Sentence reduction under NDPS law allowed for carriers with clean antecedents and prolonged custody, while conviction stood firm.

In an appeal confined to sentence under the NDPS Act, the Court considered mitigating factors such as the appellants' status as carriers, lack of prior criminal involvement, substantial actual imprisonment, compliance with parole conditions, and the long pendency of the matter. These circumstances justified interference with the quantum of punishment, while the conviction under Section 21(c) remained undisturbed. The custodial term was reduced to eleven years and the fine was lowered, with the default sentence modified accordingly, but the finding of guilt was maintained.

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Issues: Whether, while maintaining the conviction under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the sentence of imprisonment and fine required reduction on the facts of the case.

Analysis: The appeal was confined to the question of sentence. The appellants were treated as carriers of a substantial quantity of heroin, but the Court took into account that they had no other criminal involvement, had undergone substantial actual imprisonment, had not misused parole, and that the appeal had remained pending for a long period. The Court found these circumstances sufficient to warrant interference with the quantum of punishment. The conviction was not disturbed.

Conclusion: The sentence of imprisonment was reduced to eleven years and the fine was reduced to Rs. 1,00,000/- each, with the default sentence modified accordingly, while the conviction was maintained.

Final Conclusion: The appellants succeeded only on the question of sentence, and the substantive finding of guilt remained intact with a lesser custodial term and fine.

Ratio Decidendi: In an appeal confined to sentence under the NDPS Act, the Court may reduce punishment where the accused are mere carriers and the record discloses substantial custody, clean antecedents, and other mitigating circumstances, without affecting the conviction.

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