Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs Psychotropic Substances |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case(s) Referred | Referred Case 0 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985: s. 32-A (as introduced w.e.f. 29.5.1989) - Sentences awarded under the Act not to be suspended, remitted or commuted - Effect of - Accused convicted u/s 15 on 27. 7. 1990 for offence committed on 13. 12. 1988 - Held: There is no vice of unconstitutionality in the section insofar as it takes away the powers of the executive conferred upon it u/ss 432 and 433 CrPC to suspend, remit or commute the sentence of a convict under the Act - Exclusion of benefit of remission cannot be understood to have the effect of enlarging the period of incarceration of an accused convicted under the Act - Nor can s. 32-A have the effect of making a convict undergo a longer period of sentence than what the Act had contemplated at the time of commission of the offence.The petitioner, who was convicted u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 on 27.7.1990, filed the instant writ petition challenging the constitutional validity of 32-A of the Act on the ground that the exclusion of benefit of remission by introduction of s.32-A would have the effect of making the petitioner undergo a longer period of incarceration than what was visualized by the Act as prevailing on the date of alleged commission of the crime by him i.e. 13.12.1988. The question for consideration before the Court was: "whether the remission(s) earned by a convict operates as a reduction of the sentence." |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2013 INSC 144 |
Petitioner | Budh Singh |
Respondent | State Of Haryana And Anr. |
SCR | [2013] 2 S.C.R. 272 |
Judgement Date | 2013-03-11 |
Case Number | 15 |
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