Supreme Court of India Judgements

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Category: Narcotics

Narcotics

(NDPS) – (CrPC) – Section 427 and 427(1) – Illegal trafficking of drugs – applying discretion under Section 427 of Cr.PC, the discretion shall not be in favour of the accused who is found to be indulging in illegal trafficking in the narcotic drugs and psychotropic substances – considering the offences under the NDPS Act which are very serious in nature and against the society at large, no discretion shall be exercised in favour of such accused who is indulging into the offence under the NDPS Act – Appeal dismissed.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHD ZAHID — Appellant Vs. STATE THROUGH NCB — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 1457…

Narcotics

(NDPS) – Sections 8, 21, 27A, 29, 37(1)(b), 37(1)(b)(ii), 42 and 67 – Cancellation of bail -A finding of the absence of possession of the contraband on the person of the respondent by the High Court in the impugned order does not absolve it of the level of scrutiny required under Section 37(1)(b)(ii) of the NDPS Act – A confessional statement made under Section 67 of the NDPS Act will not be admissible in evidence – Contention that Section 42 of the NDPS Act was not complied with is prima facie misplaced

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU, LUCKNOW — Appellant Vs. MD. NAWAZ KHAN — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Narcotics

Recovery of huge quantity (3332 kgs.) of ‘Ganja’ (cannabis) carried on truck – Appellant was helper of truck – He was only 22/23 years of age at the time of incident and first time offender – Nothing was recovered from his custody – appropriate to reduce the sentence of imprisonment to the period already undergone,

Apr 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M. SAMPAT — Appellant Vs. THE STATE OF CHHATISGARH — Respondent ( Before : Indira Banerjee and Krishna Murari, JJ. ) Criminal Appeal No.…

Narcotics

(NDPS) – Ss 8(c) and 20(b) – Recovery of 6.300 kilogram ganja – Quantum of sentence – When the quantity/Ganja recovered from the appellant was 6.300 kilogram, which is between small quantity and commercial quantity HELD to the extent of imposing the sentence of six years rigorous imprisonment in place of ten years rigorous imprisonment

Dec 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH ISSAK NABAB SHAH — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…

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G S T

Goods and Services Tax (GST) — Exemption Notification — Notification No. 9/2017- Integrated Tax (Rate) dated 28.06.2017 — Entry 13 — Exemption on services by way of renting of residential dwelling for use as residence — Renting residential property as hostel to students/working professionals — Conditions for exemption: renting service, residential dwelling, and use as residence — The term “residential dwelling” is not defined under GST laws but refers to any residential accommodation for long-term stay, excluding commercial places, hotels, guesthouses for temporary stay — Property comprising 42 rooms rented out and sub-leased for use as hostel accommodation is considered a “residential dwelling” as its nature and use remain residential, not commercial accommodation like a hotel. (Paras 36, 46, 47, 50)

Dec 14, 2025 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 31(7)(a) and (b) — Power of Arbitral Tribunal to grant interest — Party Autonomy — Pre-award (pendente lite) interest — Section 31(7)(a) mandates that the Arbitral Tribunal’s discretion to award interest on the sum awarded (from date cause of action arose till date of award) is subject to the agreement between the parties (“unless otherwise agreed by the parties”) — When parties specify a contractual rate of interest in the agreement, subject to no legal bar, this stipulation takes precedence over the Arbitrator’s discretion to deem a rate “reasonable” — Arbitral Tribunal is bound by the contractual terms regarding interest once agreed upon, and the borrower cannot later challenge the rate as unconscionable or against public policy, especially in commercial transactions between parties of equal bargaining power — Post-award interest is governed by Section 31(7)(b) (Paras 51, 53, 56, 64, 65, 70).

Dec 14, 2025 sclaw
Additional Accused Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 319 — Summoning of Additional Accused — Nature and Scope of Power — The power under Section 319 CrPC is extraordinary and discretionary, intended to be exercised sparingly, but it is an enabling provision aimed at ensuring that no guilty person escapes the process of law — The prerequisite for its exercise is that it must appear from the evidence adduced during inquiry or trial that a person not already arraigned as an accused has committed an offence — The object is to ensure a fair and complete trial and give effect to the maxim ‘judex damnatur cum nocens absolvitur’ (Judge is condemned when guilty is acquitted). (Paras 6, 7)

Dec 14, 2025 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation — Enhancement — Principles — Supreme Court’s power to award ‘just compensation’ exceeding the amount claimed — While enhancing compensation for a 21-year-old Appellant suffering 100% functional disability (due to hemiparesis, disfigurement, and brain injuries) — Supreme Court relied on ‘Nagappa v. Gurudayal Singh’ to award compensation in excess of the amount claimed by using evidence on record to arrive at just and fair compensation. (Paras 11, 12, 14)

Dec 14, 2025 sclaw