Humanitarian Considerations Can&#8217 T Override Statutory Minimum Punishment: SC

New Delhi- Humanitarian considerations cannot override the statutory minimum punishment mandated by the legislature, the Supreme Court said on Thursday while refusing to interfere with the sentence imposed on a woman in a narcotic case.

The apex court delivered its verdict on an appeal by the woman challenging a June 2024 order of the Madras High Court which upheld her conviction and 10 year sentence in the case lodged under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

While dismissing her appeal, a bench of justices Sanjay Karol and Vipul M Pancholi noted that the appellant, who was 24-year-old at the time of the incident in 2019, has urged the court to consider her age, lack of prior criminal history and responsibility towards her minor child.

The bench said while it was not unmindful of the appellant's circumstances, the NDPS Act prescribes minimum mandatory sentence for possession of commercial quantity.

“The court has no discretion to reduce the sentence below the statutory minimum under section 20(b)(ii)(C) of the NDPS Act. Humanitarian considerations, though relevant for executive remission, cannot override statutory minimum punishment mandated by the legislature,” the bench said.

It noted that according to the prosecution, the appellant and her husband were intercepted in September 2019 and after the police searched the vehicle, 23.5 kg of 'ganja' was seized.

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