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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
SC 2008/33599
Court
Supreme Court of India
Petitioner
SHIV KUMAR MISHRA
Respondent
STATE OF GOA TR.HOME SEC.
Author
ALTAMAS KABIR,CYRIAC JOSEPH, , ,
Bench
ALTAMAS KABIR,CYRIAC JOSEPH, , ,

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 Ganja weighing 1.61 Kgs. The Court held that the definition of 'Ganja' under Section 2(iii)(b) excludes seeds and leaves not accompanied by tops, and thus, if the weight of the contraband was below 1 Kg., the punishment would be significantly lesser. The Court ultimately upheld the High Court's reduction of the sentence from three years to one year but did not alter the fine imposed.

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