1. Transportation of commercial quantity of poppy straw in violation of permit conditions — Conviction under Section 8 read with Section 15(c), NDPS Act. (Para 1 , 2 )
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2019 Supreme(SC) 594
SUPREME COURT OF INDIA
L. Nageswara Rao, M.R. Shah, JJ.
Gangaram – Appellant
Versus
The State of Madhya Pradesh – Respondent
Criminal Appeal No.1510 of 2010
Decided On : 01-05-2019
Important Points
IMPORTANT POINT
Sentence cannot be reduced to less than the minimum prescribed.
Sentence cannot be reduced to less than the minimum prescribed.
Subject
Criminal Law - Drug Offenses
Act Referred
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 15 and 26 - Conviction for contravention of Transportation term of licence - Quantity seized, commercial - No error - Sentence cannot be reduced below minimum prescribed under section 15, i.e., 10 years. (Para 12, 13)
Facts of the case:
This Appeal is filed against the judgment of the High Court by which the conviction of the Appellant under Section 8 read with Section 15 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the sentence of 10 years with fine of Rs.1 lakh was affirmed by the High Court.
Finding of the court;
There is no infirmity in conviction and sentence of the appellant.
Result: Appeal dismissed.
Legal Category Hierarchy
Advocates Appeared:
For the Appellant(s) : Ms. Pratibha Jain, AOR
For the Respondent(s): Mr. Ravi Prakash Mehrotra,Adv. Mr. Ankit Agarwal,Adv. Mr. Rahul Kaushik,AOR Mrs. Swarupama Chaturvedi, AOR
For the Appellant(s) : Ms. Pratibha Jain, AOR
For the Respondent(s): Mr. Ravi Prakash Mehrotra,Adv. Mr. Ankit Agarwal,Adv. Mr. Rahul Kaushik,AOR Mrs. Swarupama Chaturvedi, AOR
Table of Contents
2. Whether violation of permit conditions for transporting poppy straw attracts punishment under Section 15 or the lesser penalty under Section 26(d) of the NDPS Act. (Para 7 , 8 )
3. Seizure of commercial quantity admitted; failure to prove rain as justification for loading outside licensed villages; Section 15 specifically penalizes poppy straw contraventions. (Para 11 , 12 )
4. Section 26(d) applies only to license breaches where no penalty is prescribed elsewhere; contraventions regarding poppy straw are specifically penalized under Section 15. (Para 10 , 12 )
5. Appeal dismissed; conviction and sentence affirmed; appellant directed to surrender to complete the remaining mandatory minimum sentence. (Para 13 , 14 )
6. Does a breach of a license condition for transporting poppy straw fall under Section 15 or Section 26 of the NDPS Act?
It falls under Section 15. Section 26(d) only applies to breaches for which a penalty is not prescribed elsewhere in the Act. Since Section 15 specifically prescribes punishment for contraventions relating to poppy straw, it takes precedence over Section 26. (Para 10 , 12 )
7. Can the court reduce a sentence below the mandatory minimum if the accused has already served a significant portion of the term?
No. In cases involving commercial quantities under Section 15(c) of the NDPS Act, the court cannot reduce the sentence below the mandatory minimum of ten years, regardless of the period already undergone by the appellant. (Para 13 )
8. What is the effect of admitting the seizure of contraband on the prosecution's burden of proof?
When the seizure of the narcotic drug is admitted by the accused, the prosecution is not required to further prove the fact of seizure, and the court may rely on that admission to establish the presence of the contraband. (Para 8 , 11 )
JUDGMENT :
L. NAGESWARA RAO, J.
1. This Appeal is filed against the judgment of the High Court by which the conviction of the Appellant under Section 8 read with Section 15 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’) and the sentence of 10 years with fine of Rs.1 lakh was affirmed by the High Court.
2. On 14.07.2000, Head Constable Shivshankar working at Police Station Singoli, District Neemuch went to village Palasiya on duty. While coming back from village Palasiya after conducting an inquiry in a complaint filed under Section 174 Cr. P.C., he found Truck No.MP- 14-/1765 parked on a road outside the village Zhantla. On checking the lorry, he found 10 bags of poppy straw, a narcotic drug under the NDPS Act, in the truck. On inquiry, the Appellant who was the driver of the truck produced permit No.198 dated 13.07.2000 issued by the District Excise Officer, Neemuch for transportation of poppy straw from the cultivators of villages Patial, Fusariya, and Dhogaon from 9:00 a.m. till 8:00 p.m. on 14.07.2000. The licence also contained names of the cultivators from the above villages. The Appellant disclosed to the Head Constable that he loaded the poppy straw from village Palasiya with the assistance of Ashish, son of Om Prakash Paliwal, resident of village Badvasa who was an agent to the contractor Bishan Singh. As Shivshankar, Head Constable did not have the power to seize poppy straw under the provisions of the NDPS Act, he took the truck driver i.e. the Appellant along with the truck to the police station. The FIR was registered in the police station Singoli, District Neemuch on 15.07.2000. The narcotic drug was unloaded from the truck and was found to be 415 kilograms in weight. Each bag was marked as Article 1 to Article 10 and two samples of 250 grams from each bag were taken and sealed. The samples of poppy straw were sent to the Forensic Science Laboratory for chemical examination in which it was found that the seized materials are pieces of poppy straw.
3. On completion of investigation, a charge sheet was filed. The accused denied committing any offence. Though he made a prayer for summoning 10 witnesses in his defence, he did not adduce any evidence by summoning any witnesses. The defence of the Appellant was that he was legally transporting the goods of the licensee contractor Bishan Singh who had a valid licence issued by the District Excise Officer. A charge was framed against the Appellant under Section 8 read with Section 15 and Section 8 read with Section 26 of the NDPS Act. The Trial Court framed the following issues for consideration under Section 8 read with Section 15 of the Act which are:
(a). Whether, the seized material is the psychotropic substance poppy straw i.e. is the Dodachura?
(b). Whether, the accused in violation of the provisions of the NDPS Act, or the rules made thereunder, has kept in his possession 415 kilograms of poppy straws, or transported or purchased or sold.
(c). Whether, the accused has committed any offence.
4. The Trial Court also framed issues under Section 8 read with Section 26 of the Act which are as follows:
(a). Whether, the holder of the licence, permit or authorization granted under this Act or any rule or order made thereunder or any person in his employ and action on his behalf has failed to produce without any reasonable cause such licence, permit or authorization on demand;
OR
(b). Omitted without any reasonable cause to maintain accounts or to submit any return in accordance with the provisions of this Act or any rule made thereunder?
OR
(c). kept any accounts or makes any statement, which is false or which he knows or has reason to believe to be incorrect;
OR
(d). Willfully and knowingly did any act in breach of any of the conditions of licence, permit or authorization for which a penalty is not prescribed elsewhere in this Act.
OR
(e). Whether, the accused has committed any offence.
5. The Trial Court referred to the case o
