VidhiSangh

Supreme Court of India · 08/04/2026

HEM RAJ versus THE STATE OF HIMACHAL PRADESH

[2026] 5 S.C.R. 67 · 2026 INSC 332

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Summary

Offences under Sections 25 and 29 of the NDPS Act are independent offences that attract separate punishment, borrowed by reference from the principal offence, so a separate sentence alongside Section 20(b)(ii)(C) was lawful; but where the sentences run concurrently the fine, being part of the sentence, cannot be exacted twice. The appellant, having served about 11 years including default imprisonment, was ordered to be released.

Issues

  1. Whether a convict can be separately sentenced for an offence under Section 20(b)(ii)(C) and for offences under Sections 25 and 29 of the NDPS Act, given that Sections 25 and 29 prescribe only 'the punishment provided for' the principal offence.
  2. Whether the appellant, who was an occupant but not the owner of the car, could be convicted under Section 25.
  3. Whether, where the sentences run concurrently, the fine imposed separately for each offence is payable twice.

Provisions considered

Held

Result

Appeal disposed of; separate sentences under Sections 20(b)(ii)(C) and 25/29 upheld, but the appellant held not liable to pay the fine twice; as he had undergone about 11 years of imprisonment including default imprisonment, he was directed to be released forthwith unless required in any other case.

Judgment PDF: Supreme Court of India, [2026] 5 S.C.R. 67.