Q. Whether Quantity Of Narcotic Substance Recovered Is A Relevant Factor That Can Be Taken Into Account For Imposing Higher Than The Minimum Punishment Under The Narcotic Drugs And Psychotropic Substances Act, 1985 ?

SQ.  Whether Quantity Of Substance Would Fall Into "such factors as it may deem fit" ?

RAJ ADJ-2019

A. YES

YES

RELEVANT CASE LAW:

GURDEV SINGH vs STATE OF PUNJAB LL 2021 SC 196

OBSERVED THAT:

• The Court may also take into consideration factor as it may deem fit other than the factors enumerated in Section 32B (a) to (f) of the Act.
• Therefore, quantity of substance would fall into "such factors as it may deem fit" and while exercising its discretion of imposing the sentence/imprisonment higher than the minimum, if the Court has taken into consideration such factor of larger/higher quantity of substance, it cannot be said that the Court has committed an error.

• The Court has a wide discretion to impose the sentence/imprisonment ranging between 10 years to 20 years
• and while imposing such sentence/imprisonment in addition,
• the Court may also take into consideration other factors as enumerated in Section 32B (a) to (f).
• Therefore, while imposing a punishment Higher Than The Minimum Sentence, if the Court has considered such factor as it may deem fit other than the factors enumerated in Section 32B (a) to (f),
• the High Court has to only consider whether "such factor" is a relevant factor or not.