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february 2009

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.

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