Supreme Court Suspends Sentence of Appellant in NDPS Case Pending High Court Appeal.


06 October 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Drugs >> Criminal Law  

The Supreme Court of India, in Ganesh Chand - Guddu v. State of Himachal Pradesh (Criminal Appeal arising out of SLP (Crl.) No. 11603 of 2025), relieved the appellant by suspending his sentence pending his appeal before the Himachal Pradesh High Court.

The order, dated October 6, 2025, issued by a Bench led by Justice Manoj Misra and Justice Ujjal Bhuyan, was a result of the High Court's June 4, 2025, order refusing suspension of sentence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Background:

The appellant was convicted by the trial court of having contraband classified as an intermediate quantity of the NDPS Act. His request for suspension of sentence had previously been rejected by the High Court. Opposing that judgment, he appealed to the Supreme Court.
 
 

It was contended on behalf of the appellant that the recovery was effected from a vehicle wherein a number of persons, including the appellant, were on board. Hence, the issue of conscious possession needed further examination in the appellate forum. It was also urged that the recovery comprised an intermediate amount, for which there is no mandatory minimum sentence under the NDPS Act, and the maximum limit of punishment provided is ten years.

Additionally, the appellant was not previously convicted of any crime and had already spent over two years in prison, with little chance of hearing his appeal soon, since it involved the year 2023.

State's Submissions:

The counsel representing the State of Himachal Pradesh opposed the suspension plea but acknowledged that the appeal in the High Court was also not likely to be heard in the near future because of the pending cases.

Supreme Court's Observations:

With no words as to the merits of the case, the Supreme Court noted that the appellant was doing a term sentence, had already spent over two years in prison, and that hearing his appeal was not imminent. The Court regarded the above as being sufficient to warrant suspension of sentence.

Accordingly, the Court permitted the appeal, revoked the impugned order of the High Court, and directed that the sentence of the trial court would remain suspended pending the appeal to the High Court. It also directed that the appellant be granted bail on such terms and conditions as the trial court considered fit.

All pending applications connected with the matter were also disposed of accordingly.


Narcotic Drugs and Psychotropic Substances Act, 1985