Mandatory to evaluate the aggravating factors prescribed under the NDPS Act before imposing a sentence higher than the minimum punishment.

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DID YOU KNOW that the NDPS Act prescribes mandatory aggravating factors for imposing punishment higher than the minimum punishment prescribed for an offence? These factors are – use or threat of use of violence or arms, minors being used for or affected, offence being committed in an educational institution or social service facility; offender belonging to organised international group, and involvement of the offender in other illegal activities.

DID YOU ALSO KNOW that our team secured the release of a person convicted under the NDPS Act, where the Supreme Court reduced the sentence of 20 years to 10 years, on the ground that none of the aggravating factors prescribed under the NDPS Act for imposition of a sentence higher than the minimum punishment were applicable in the case.

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