The court’s legal analysis is under scrutiny in a case involving the quantum of sentence under the NDPS Act. The appellant, convicted for possession of Ganja, has served six years of a ten-year sentence. The court must now consider factors such as the nature of the offense, the appellant’s age at the time, lack of prior criminal record, and family responsibilities. Follow the case for further insights into sentencing guidelines and legal considerations.
Facts
- The appellant was convicted for offences under Section 8(c) and 20(b) of the NDPS Act.
- He was sentenced to undergo 10 years of rigorous imprisonment and pay a fine of Rs.1,00,000/-.
- The High Court of Judicature at Bombay, Bench at Aurangabad, dismissed the appellant’s appeal and confirmed the conviction and sentence.
- The appellant, feeling aggrieved, has filed the present appeal.
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Arguments
- Delay in preferring the appeal was condoned after hearing the Advocate for the appellant and the State.
- Appellant has already served six years out of a ten-year sentence for possession of 6.300 kilograms of Ganja.
- 20 kilograms of Ganja is considered a commercial quantity under the NDPS Act.
- Appellant’s quantity of Ganja falls between small and commercial quantity, warranting up to 10 years of rigorous imprisonment.
- Appellant was aged 24-25 at the time of the offense and has learned from the experience.
- Appellant has no prior criminal record, is married, and has dependents.
- Advocate seeks to modify the sentence to time served for these reasons.
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Decision
- Notice limited to the quantum of sentence issued by the Court on 13.10.2020
- Request not to interfere with the punishment imposed by the trial Court and confirmed by the High Court
- Leave granted for further proceedings
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Case Title: ISSAK NABAB SHAH Vs. THE STATE OF MAHARASHTRA (2020 INSC 677)
Case Number: Crl.A. No.-000828-000828 / 2020
