Supreme Court of India · 2008-01-28
State Of M.P vs Makhan Singh
- Court
- Supreme Court of India
- Petitioner
- State Of M.P
- Respondent
- Makhan Singh
- Bench
- K.G. Balakrishnan, Tarun Chatterjee, R.V. Raveendran
Judgment text excerpt
The Supreme Court held that the judgment of the High Court confirming the conviction under Section 8 read with Section 15(C) of the NDPS Act was unsustainable due to the lack of reasoning for both the conviction and the reduction of the minimum sentence. The Court restored the appeal of the accused to the High Court for a merits-based decision, emphasizing the need for expedited proceedings given the accused's prolonged custody. The Court underscored that the minimum sentence prescribed by law must be adhered to.