VidhiSangh

Supreme Court of India · 06/04/2021

GURDEV SINGH versus STATE OF PUNJAB

[2021] 4 S.C.R. 439 · 2021 INSC 232

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Summary

The Supreme Court upheld fifteen years’ rigorous imprisonment and a Rs2 lakh fine for possession and sale involving one kilogram of heroin. Section 32B does not confine above-minimum NDPS sentences to its listed aggravating factors; the quantity of contraband is independently relevant. The courts had considered the mitigation, and the accused was not shown to be merely an uninvolved carrier. The appeal was limited to sentence because interference with conviction had already been refused.

Issues

  1. Whether an above-minimum NDPS sentence requires one of the specifically enumerated section 32B factors.
  2. Whether the fifteen-year sentence should be reduced on the facts.

Provisions considered

Held

Result

Appeal dismissed; fifteen years’ rigorous imprisonment, Rs2 lakh fine and the one-year default imprisonment left undisturbed.

Judgment PDF: Supreme Court of India, [2021] 4 S.C.R. 439.