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The apex court was of the view that the decision to impose punishment in accordance with the Narcotic Drugs and Psychotropic Substance Act, 1985. However, it must not be confined or limited to the factors enumerated in clause (a) to (f) of Section 32B.
The division bench comprising of Justice Ashok Bhushan and Justice K M Joseph observed that the quantity of substance with which an accused is charged is the most relevant factor, which ought to be taken into consideration while fixing the quantum of punishment.
For instance, a case named Rafiq Qureshi v. Narcotic Control Bureau the accused was convicted and sentenced under Section 21(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985. However, the HC while maintaining the conviction reduced the sentence to 16 years rigorous imprisonment and with a fine of Rs. 2 Lakhs.
Wherefore the court was of the view that the quantity of the substance with which an accused is charged is the most relevant factor, which can be a matter of consideration while contemplating on the quantum of punishment. Further, the court does not commit any error which considering any such factor.
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