NDPS Act: SC Clarifies Trial Courts Can Go Beyond 10-Year Minimum Without Section 32B Factors

The Supreme Court clarified that Section 32B of the NDPS Act does not limit trial courts from imposing sentences higher than the 10-year statutory minimum, even if aggravating factors (a) to (f) aren't cited.

The case involved a man convicted under Section 21(c) for possessing 236 vials of Codeine-based cough syrup, sentenced to 12 years.

The Chhattisgarh High Court reduced it to 10 years, citing Rafiq Qureshi (2019).

The SC upheld the conviction but ruled the High Court misunderstood Section 32B, emphasising courts can consider other relevant factors like quantity, nature, and antecedents when sentencing.