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.