In Brief
The appellant was convicted under Section 20 of the NDPS Act for possessing 11 kg of ganja, arrested at the spot during a police raid in 1997. The High Court upheld his conviction. The Supreme Court held that concurrent findings of fact by courts below deserve deference and cannot be re-appreciated under Article 136 unless a substantial question of law arises. However, recognizing mitigating circumstances including the 23-year trial duration, acquittal of co-accused, and 2 years 4 months 16 days already served, the Court reduced his sentence from five years rigorous imprisonment to time already undergone, though the fine remained payable.
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