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Pradeep Bachhar v. The State of Chhattisgarh

Criminal Appeal · 2017 INSC 1210Decided 11 Dec 2017
Criminal Appeal No. 2151 of 2017
Justice Kurian Joseph · Justice Amitava Roy

Background

The appellant was convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to 15 years' rigorous imprisonment plus a fine of Rs. 1,50,000, with a 3-year default sentence if the fine went unpaid. The High Court had already reduced the term to 12 years (keeping the fine, but cutting the default sentence to 2 years). The Supreme Court had granted leave limited specifically to the question of sentence.

Decision Breakdown

The Court relied on its own precedent in Shahejadkhan Mahebubkhan Pathan vs State of Gujarat, where, considering the convict's poverty and family circumstances, a similar sentence had been reduced. Finding no reason to take a different view on the facts here, the Court allowed the appeal in part: it reduced the substantive sentence to 10 years and cut the default sentence (for non-payment of fine) from the High Court's 2 years down to 6 months. The conviction itself was not disturbed, only the quantum of punishment was revisited.

Lesson Learnt

Even after a conviction is finally upheld, the Supreme Court can still revisit and reduce purely the length of sentence (including default sentences for unpaid fines) where personal circumstances and consistent past practice support leniency: a convict does not need to relitigate guilt to seek sentence relief.

Official source (sci.gov.in)View Judgment (PDF)

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