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october 2008

Supreme Court of India · 2008-10-15

Supdt., Narcotic Control Bureau vs Parash Singh

Citation / case number
AIR 2009 SUPREME COURT 244
Court
Supreme Court of India
Petitioner
Supdt., Narcotic Control Bureau
Respondent
Parash Singh
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing charges framed under Section 20(b)(ii)(C) of the NDPS Act, 1985, as amended by Act 9 of 2001, asserting that the amendment did not create a new offence but rather imposed a more stringent punishment for existing offences. The Court emphasized that Article 20(1) of the Constitution prohibits retrospective application of laws that create new offences. Consequently, the Court reinstated the charges under the amended provision, affirming the validity of the trial court's actions.

Supdt., Narcotic Control Bureau vs Parash Singh · Niyam