Supreme Court · 2008 INSC 1153 · Decided 15 October 2008
The Superintendent, Narcotic Control Bureau v. Parash Singh
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1153 · [2008] 14 S.C.R. 474
- Case number
- CRIMINAL APPEAL No. 972/2003
- Decided
- 15 October 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 20(1); NDPS Act Section 8
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985 c - ss.8, 20(b)(i) ahd 20(b)(ii)(C) - Complaint made under s.8 alleging commission of offence under s.20(b)(i) - Meanwhile, Amendment Act, 2001 introduced changes in s.20- Charges framed under s.20(b)(ii)(C) (as amended) - Court on ground that new offence was created as greater 0 punishment was imposed and direction to trial court to frame charges under s.20(b)(i) - Correctness of- Held: Not correct - Before and after amendment, the ingredients of s. 8 remained the same - It did not create an offence
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