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Supreme Court of India 2019-04-23 partly_allowed

SHYAM PRASHAD vs THE STATE OF HIMACHAL PRADESH

Bench: 2 — R. Banumathi, R. Subhash Reddy

In Brief

Shyam Prashad, convicted under the NDPS Act for possession of 10.496 kgs of charas (a commercial quantity), was sentenced to 15 years imprisonment. The Supreme Court heard his appeal limited to the quantum of sentence. Considering his plea for leniency as a first-time offender, sole breadwinner, aged 42, with a daughter to support, and poor economic status, the Court reduced the sentence to the statutory minimum of 10 years. The fine of Rs 1 lakh and default sentence of one year were maintained. The appeal was partly allowed.

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Criminal Law Narcotic Drugs and Psychotropic Substances Sentencing Sentencing Discretion Mitigation

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