Jothi @ Nagajothi v. The State, 2025 INSC 1417 - S.52A NDPS Act - Commercial Quantity - Minimum Mandatory Sentence

Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] - Section 52A - Mere noncompliance or delayed compliance with Section 52-A is not fatal unless the irregularity creates discrepancies affecting the integrity of the seized substance or rendering the prosecution case doubtful. Equally, even where some procedural lapse is shown, if the remaining oral or documentary evidence inspires confidence regarding the seizure and conscious possession, the conviction may still be upheld (Para 23)- a slight difference in the weight of the sample is not so material as to undermine the prosecution case, and cannot by itself justify discarding otherwise reliable evidence. (Para 30)

NDPS Act -Section 20(b)(ii)(C) - NDPS Act prescribes minimum mandatory sentences 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. (Para 32)

Criminal Trial - Non-examination of independent witnesses is not, by itself, fatal to the prosecution, particularly in prosecutions under the NDPS Act where operations often take place under challenging circumstances - the testimony of official witnesses cannot be discarded solely on the ground of their official status and that their evidence must be assessed on its own merits like that of any other witness.(Para 21)