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 1985 |
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:ss.18 & 41 (As amended in 2001) - Accused found in possession of 45 kgs of poppy straw powder - Conviction by Trial Court with purported minimum punishment of RI for 10 years - Accused filed appeal - Meanwhile s.41 amended - Relying on amended s.41, accused challenged quantum of sentence imposed - He contended that minimum punishment was RI for 10 years only in respect of recovery of 'commercial quantity' but quantity recovered from accused being less than 50 Kgs was not 'commercial quantity' - High Court ordered release of accused by restricting his sentence to the period already undergone - Supreme Court granted interim stay of operation of the judgment - Accused again arrested - Supreme Court, however, ordered his release on bail on his furnishing self bond with two sureties - Accused unable to furnish surety, hence not released - Accused in jail for last about 10 years - Question raised by State before Supreme Court over applicability of amended s.41 to cases pending in appeal - Held: No final opinion expressed on the question - On facts and in interest of justice, accused acquitted as he had already undergone sentence of almost 10 years. Respondent was found in possession of 45 kgs of poppy straw powder. Trial Court convicted him under s.18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to suffer minimum punishment of RI for 10 years.Respondent filed appeal before High Court. Meanwhile Section 41 of the Act was amended. Relying on the amended Section 41, Respondent challenged the quantum of sentence imposed. He contended that minimum punishment of RI was for 10 years only in respect of recovery of 'commercial quantity' but the quantity recovered from Respondent being less than 50 Kgs was not 'commercial quantity'. High Court ordered release of Respondent by restricting his sentence to the period already undergone.Aggrieved State approached this Court which granted interim stay of the operation of the judgment. Respondent was again arrested. This Court, however, ordered Respondent to be released on bail on his furnishing self bond of Rupees One lakh with two sureties. Respondent could not furnish surety and therefore was not released. He is in the jail for the last about 10 years. It was submitted by the State that the High Court was not right in applying Section 41 of the Act [as amended in 2001] to the present case since proviso to sub-section (1) of Section 41 explicitly and expressly states that it will not apply to cases pending in appeal. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 1049 |
Petitioner | State Of Delhi |
Respondent | Jitti |
SCR | [2007] 11 S.C.R. 133 |
Judgement Date | 2007-10-12 |
Case Number | 1244-1245 |
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