Supreme Court · 2013 INSC 144 · Decided 11 March 2013

Budh Singh v. State of Haryana and ANR.

Court
Supreme Court of India
Citation
2013 INSC 144 · [2013] 2 S.C.R. 272
Case number
WRIT PETITION (CRIMINAL) No. 15/2012
Decided
11 March 2013
Bench
P. SATHASIVAM, RANJAN GOGOI (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC Section 432, 433; Constitution Article 14, 21, 32; NDPS Act Section 15, 32A

Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985: c 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 insofar as it takes 0 away the powers of the executive conferred upon it ulss 432 ana 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

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