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Synopsis

The Supreme Court on Wednesday reduced the sentence awarded to an old illiterate lady from rural background who was in possession of a house from where Ganja (Cannabis) packed in 20 sacks weighing 5 quintals, 21.5 kilograms was recovered.

While upholding the conviction of accused Budhiyarin Bai, considering her old age and the fact that she was an illiterate lady completely unaware of the consequences, Court reduced her sentence to 12 years rigorous imprisonment and a fine of Rs. 1 lakh.

In 2011, Budhiyarin along with her two children, Pila Ram and Rajkumar was booked under Section 20(b)(ii)(c) of the NDPS Act for having joint possession of a commercial quantity of illegal ganja(cannabis).

After the ganja was sealed and seized, Budhiyarin was given a notice under section 91 CrPC. She failed to produce any document in relation to being in possession of said cannabis.

On being questioned, Budhiyarin stated to be carrying on the trade of cannabis together with her two sons, and one Rajendra Tiwari and Idris Khan.

The trial court acquitted the other four and convicted only Budhiyarin. In appeal, the High Court took note of the bare facts regarding the compliance of sections 42, 50 and 55 of the NDPS Act made and since the psychotropic substance was recovered from Budhiyarin's residence, Court considered it to be the basis for upholding the conviction and sentence.

"Neither the trial court nor the high court has considered that the lady was illiterate and a senior citizen, was indeed residing but
completely unknown to law, with two grown-up children, with no previous background of being involved in any kind of criminal cases
at any point of time in her lifetime...", the Top Court noted.

A bench of Justice Ajay Rastogi and Justice CT Ravikumar further noted that the minimum sentence prescribed under the NDPS Act for such offence under section 20(b)(ii)(c) was 10 years which may extend to 20 years with a fine of Rs. 1 lakh, and said,

"...trial Judge, as well as the High Court, have not taken into consideration the factors to be kept in mind for imposing higher than the minimum sentence provided under Section 32B of the NDPS Act."

Thus, the court deemed it fit to modify the sentence of the old woman.

Case Title: BUDHIYARIN BAI vs. STATE OF CHATTISGARH