Supreme Court of India · 2009-02-23
Shiv Kumar Mishra vs State Of Goa Tr.Home Sec
- Citation / case number
- AIR 2009 SUPREME COURT 2011
- Court
- Supreme Court of India
- Petitioner
- Shiv Kumar Mishra
- Respondent
- State Of Goa Tr.Home Sec
- Bench
- Cyriac Joseph, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed the conviction of the appellant under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for possession of 1.61 Kgs. of Ganja. The Court held that the definition of 'Ganja' under Section 2(iii)(b) excludes seeds and leaves not accompanied by the tops, and thus, the actual weight of the contraband could be less than 1 Kg., warranting a lesser punishment. The Court ultimately reduced the sentence from one year to a lesser term, emphasizing the importance of accurate weight assessment in narcotics cases.