In Brief
The appellant was convicted of possessing 1 kg of heroin (four times the minimum commercial quantity of 250 gm) under Section 21 of the NDPS Act, 1985 and sentenced to 15 years imprisonment and Rs. 2 lakh fine. He challenged only the sentence, arguing that it exceeded the statutory minimum without considering mitigating circumstances. The Supreme Court upheld the sentence, holding that courts may impose punishment higher than the minimum by considering relevant factors including quantity of drugs. While Section 32B lists specific aggravating factors, courts retain discretion to consider "such factors as they deem fit." The Court emphasized that in NDPS cases, public interest and societal impact must outweigh personal mitigating circumstances such as poverty or being a carrier, making the 15-year sentence appropriate and reasonable.
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