Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Category: Narcotics

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.…

Narcotics

Officers under Section 53 of NDPS Act are police; statement under Section 67 is confessional statement: Supreme Court in 2:1 judgment The Court noted that given the stringent provisions of the NDPS Act, they have to be construed bearing in mind the fact that the severer the punishment, the greater the care.

Oct 30, 2020 sclaw

The Supreme Court has held by a 2:1 majority that officers under Section 53 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 are police officers (Tofan Singh v. State of Tamil…

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Constitution Election Laws

EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.

Apr 27, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.

Apr 27, 2024 sclaw
I P C

National Investigation Agency Act, 2008 – Section 22(3) – Penal Code, 1860 – Sections 121A, 122, 123, 124A and 120B – Unlawful Activities (Prevention) Act, 1967 – Sections 16, 18, 18B, 20, 38, 39 and 43D – The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues – The Court reasoned that the Sessions Court had jurisdiction as per Section 22(3) of the NIA Act since the State had not constituted a Special Court – The Court discussed the modified application of Section 167 CrPC under Section 43D of UAPA and the definition of ‘Court’ under Section 2(1)(d) of UAPA. – The Supreme Court concluded that the City Sessions Court had the jurisdiction to pass the order adding UAPA offences and permitted the continuation of the trial.

Apr 27, 2024 sclaw
Constitution Tenders & Contracts

The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.

Apr 27, 2024 sclaw