Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 : Section 32-A, 36-B, 27 and 37 - Bar in Section 32-A against suspension of sentence passed on to accused (except Section 27} - Object of - Held, was to curb not only the powers of the government under Sections 432 and 433 of the CrPC but also the power of the High Court to suspend sentence - Criminal Procedure Code, 1973, Sections 432 and 433 - Interpretation of Statutes - External aid - Statement of Objects and Reasons, taken into consideration - Constitution of India, Articles 72 and 161. Sections 32-A and 36-B - Powers of High Court under Chapter XXIX of CrPC preserved by Section 36-B of the Act - Scope of - Held, did not include the power to suspend the sentence during the pendency of the appeal - Criminal Procedure Code, 1973, Section 389, Chapter XXIX. Sections 32-A and 36-B - Interrelation between - Held, Section 32-A overrides the provisions of Section 36-B - Interpretation of Statutes - Non obstante clause - Effect of. Sections 32-A and 26 - Sentence under Section 26 - Held, could not be suspended by the trial court resorting to Section 389(3) CrPC - Criminal Procedure Code, 1973, Section 389. Words and Phrases - Word "awarded" occurring in Section 32 - Meaning of - In the context of Narcotic Drugs and Psychotropic Substances Act, 1985 - Held, not restricted to sentence passed by the trial court. Constitution of India - Article 136 - Relief - Statute curtailing court's power to suspend the appeal pending appeal - In view of prohibition contained in Section 32-A on one hand and apprehension of miscarriage of justice in many cases due to long pendency of appeals on the other hand - Held, the problem could be solved by Parliament - Till then Registry of High Courts directed to prioritise the appeals pending against conviction under the Act - Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 32-A and 36-B. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 1999 INSC 111 |
Petitioner | Maktool Singh |
Respondent | State Of Punjab |
SCR | [1999] 1 S.C.R. 1156 |
Judgement Date | 1999-03-17 |
Case Number | 312 |
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