NDPS - Benefit of doubt regarding weight of contraband material - Sentence reduced to already undergone

Supreme Court Reduces Sentence of Dharam Singh in NDPS Case Due to Calibration Doubts Apex Court modifies sentence to time served, citing lack of evidence on electronic scale recalibration

In a significant judgment, the Supreme Court of India has modified the sentence of Dharam Singh, who was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985, for possession of charas. The Court reduced his sentence to the period already undergone, highlighting the absence of evidence regarding the proper recalibration of the electronic scale used to weigh the contraband.

The judgment, delivered by Justices Ahsanuddin Amanullah and Prashant Kumar Mishra, addressed the appeal against the Himachal Pradesh High Court's decision, which had upheld the trial court's conviction and ten-year sentence of rigorous imprisonment along with a fine of Rs. 1,00,000. The case revolved around the recovery of 1 kg 80 grams of charas, slightly above the commercial quantity threshold.

Dharam Singh's counsel argued that the mandatory procedural requirement under Section 50 of the NDPS Act, which allows the accused to be searched before a Magistrate, was not followed. They also contended that the electronic scale's calibration was questionable, potentially affecting the weight determination of the contraband.

The Supreme Court acknowledged the contention regarding the lack of evidence that the electronic scale was properly recalibrated to zero before weighing. This factor introduced doubt about the actual weight of the charas, which was critical given that only 80 grams exceeded the commercial quantity limit.

Despite upholding the conviction, the Court's decision to reduce the sentence was based on this doubt, allowing Dharam Singh to be released from custody as he had already served approximately seven years. The Court emphasized the importance of adhering to procedural safeguards and the impact of minor discrepancies in weight measurements in such cases.

Bottom Line:

Benefit of doubt regarding weight of contraband material - Sentence reduced to period already undergone based on lack of evidence about recalibration of electronic scale.

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 20(b)(ii)(c), 50

Dharam Singh v. State of Himachal Pradesh, (SC) : Law Finder Doc Id # 2808665