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june 2009

Supreme Court of India · 2009-06-11

Union Of India vs Shah Alam & Anr

Citation / case number
AIR 2010 SUPREME COURT 1785
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
Shah Alam & Anr
Author
Aftab Alam
Bench
Aftab Alam, B. Sudershan Reddy

Judgment text excerpt

The Supreme Court addressed the appeal by the Union of India against the Allahabad High Court's acquittal of Shah Alam and Mazzum Haq, who were initially convicted under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possessing 100 grams of heroin. The Court noted that the legal framework had changed since the time of the offense in 1994, with the punishment for such possession now being less severe due to amendments made in 2001. Ultimately, the Court held that the respondents had already served a significant portion of their sentence and thus upheld the High Court's acquittal, reflecting the changed legal context regarding the possession of narcotics.

Union Of India vs Shah Alam & Anr · Niyam