Supreme Court · 2000 INSC 479 · Decided 12 October 2000
Dadu @ Tulsidas v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2000 INSC 479 · [2000] SUPP. 3 S.C.R. 703
- Case number
- WRIT PETITION (CRIMINAL) No. 169/1999
- Decided
- 12 October 2000
- Bench
- K.T. THOMAS, R.P. SETHI, S.N. VARIAVA (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 389, 432; Constitution Article 14, 21, 226, 32; NDPS Act Section 32A
Headnote
B Narcotic Drugs and Psychotropic Substances Act, 1985 S.32A-Constitutional validity of-NDPS Act-Conviction under- c Sentence-Suspension of-Provision for ouster of jurisdiction of court to suspend sentence-Held, unconstitutional-However, the provision taking away the power of Execut;ve to suspend, exercised within parameters prescribed under S.37-Convicts not entitled to suspension of sentence as a matter of right-Criminal Procedure Code, 1973-Ss. 389, 432 D and 433-Constitution of India, 1950-Articles 14 and 21. Parole-Grant-Effect-Held, does not amount to suspension, remission or
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)