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june 2009

Supreme Court of India · 2009-06-11

UNION OF INDIA vs SHAH ALAM

Citation / case number
SC 2003/18251
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
SHAH ALAM
Author
AFTAB ALAM

Judgment text excerpt

The Supreme Court held that the conviction of the respondents under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was erroneous as the law regarding the punishment for possession of 100 grams of heroin had changed post-amendment in 2001. The Court noted that the respondents had already served 8 years and 3 months of their sentence, which was significant given the revised legal framework. Consequently, the Court acquitted the respondents, emphasizing the importance of applying the current law rather than the law in effect at the time of the offense.

UNION OF INDIA vs SHAH ALAM · Niyam