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january 2008

Supreme Court of India · 2008-01-28

STATE OF M.P. vs MAKHAN SINGH

Citation / case number
SC 2004/24529
Court
Supreme Court of India
Petitioner
STATE OF M.P.
Respondent
MAKHAN SINGH
Bench
CJI K.G. BALAKRISHNAN & TARUN CHATTERJEE & R.V. RAVEENDRAN

Judgment text excerpt

The Supreme Court held that the judgment of the High Court, which confirmed the conviction under Section 8 read with Section 15(C) of the NDPS Act but reduced the sentence to the period already undergone, was unsustainable as it lacked reasoning for both the conviction and the sentence reduction. The Court restored the appeal of the accused to the High Court for a merits-based decision and requested expedited proceedings, emphasizing the need for adherence to the minimum sentence prescribed under the NDPS Act. The outcome was the setting aside of the High Court's judgment and a directive for a timely resolution of the case.

STATE OF M.P. vs MAKHAN SINGH · Niyam