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(2026) Law Today Live Doc. Id. 21451
Special Leave Petition (Criminal) No.200 of 2026
@Diary No. 66547 of 2025
Decided on: 06.01.2026
For Petitioner(s):
Mr. Shivam Singh, Adv., Mr. Ravi Shanker Jha, Adv., Mr. Subham Janghu, Adv., Ms. Pooja, Adv., Mr. Vishal Arun Mishra, AOR
For Respondent(s):
Mr. Rajan Kumar Chourasia, Adv., Mr. Mrinal Gopal Elker, AOR
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NDPS – Sentence – Appellant convicted under Section 8 r/w Section 20(b)(ii)(C) of NDPS Act and sentenced to 12 years’ rigorous imprisonment with fine of Rs.1,20,000/- – Sentence reduced to statutory minimum of 10 years’ subject to payment of fine.
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Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 8, 20(b)(ii)(C) – Conviction – Sentence – Appellant was convicted and sentenced to 12 years’ rigorous imprisonment with fine of Rs.1,20,000/- – Appellant had already undergone sentence for almost 9 years -- Sentence reduced to statutory minimum of 10 years’ rigorous imprisonment subject to payment of fine of Rs.1,20,000/-.
(Paras 13–19)
ORDER
1. Delay condoned.
2. Leave granted.
3. This appeal arises from the judgment and order passed by the High Court of Madhya Pradesh at Jabalpur dated 17.05.2025 in Criminal Appeal No. 244 of 2020, by which the appeal filed by the appellant herein against the judgment and order of conviction passed by the trial court came to be dismissed.
4. It appears from the materials on record that the appellant herein, along with a co-accused, was put to trial in the Court of the Special Judge, NDPS Act, Narsinghpur, District-Narsinghpur in Sessions Case NDPS No. 26 of 2016.
5. The appellant was charged with the offence punishable under Section 8 read with Section 20(b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”).
6. At the end of the trial, he came to be held guilty and was accordingly convicted for the offences enumerated above.
7. The trial court sentenced him to undergo 12 years of rigorous imprisonment with fine of Rs.1,20,000/- and in case of default of payment of fine, to undergo further RI for one year.
8. Being dissatisfied with the judgment and order of conviction passed by the trial court, the appellant preferred Criminal Appeal No. 244 of 2020 before the High Court.
9. The other co-accused, who was convicted, also preferred his independent appeal.
10. The appeals were taken up for hearing by the High Court, and by a common judgment and order dated 17.5.2025, the appeals were dismissed.
11. In such circumstances, referred to above, the appellant is here before this Court with the present appeal.
12. We heard Mr. Shivam Singh, the learned counsel appearing for the appellant (convict), and Mr. Rajan Kumar Chourasia, the learned counsel appearing for the State of Madhya Pradesh.
13. There are concurrent findings recorded by two courts insofar as the involvement of the appellant in the alleged crime is concerned.
14. We are very clear that we do not intend to interfere with the judgment and order of conviction passed by the trial court as affirmed by the High Court. However, keeping in mind the age of the appellant at the time of the commission of the offence in question and also the fact that he is undergoing sentence past almost 9 years, we are persuaded to modify the order of sentence to some extent.
15. The minimum sentence that the NDPS Act has prescribed, so far as the offence in question is concerned, is 10 years.
16. Considering the mitigating circumstances highlighted by the learned counsel appearing for the appellant, we reduce the sentence of 12 years rigorous imprisonment to the minimum as prescribed by the NDPS Act i.e., 10 years.
17. To the aforesaid extent, the judgment and order passed by the High Court stands modified.
18. We make it clear that upon completion of 10 years of rigorous imprisonment, the appellant shall be released subject to payment of fine of Rs.1,20,000/- (Rs.One lakh twenty thousand only).
19. The Appeal stands partly allowed on the above terms.
20. Pending application(s), if any, stands disposed of.
Appeal allowed.
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