Does the court impose severer punishment on the accused while convicting him for possessing more than a commercial quantity of Narcotic?

Therefore, quantity of substance would fall into “such factors as

it may deem fit” and while exercising its discretion of imposing the sentence/imprisonment higher than the minimum, if the Court has taken into consideration such factor of larger/higher quantity of substance, it cannot be said that the Court has committed an error. The Court has a wide discretion to impose the sentence/imprisonment ranging between 10 years to 20 years and while imposing such sentence/imprisonment in addition, the Court may also take into consideration other factors as

enumerated in Section 32B (a) to (f). Therefore, while imposing a

punishment higher than the minimum sentence, if the Court has

considered such factor as it may deem fit other than the factors

enumerated in Section 32B (a) to (f), the High Court has to only

consider whether “such factor” is a relevant factor or not.{6.1 }

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 375 OF 2021

GURDEV SINGH Vs STATE OF PUNJAB

Author: M. R. Shah, J.

Dated:April 6, 2021

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