Supreme Court of India · 2013-05-07
Krishan & Ors vs State Of Haryana & Ors
- Citation / case number
- AIR 2013 SC (CRIMINAL) 1209
- Court
- Supreme Court of India
- Petitioner
- Krishan & Ors
- Respondent
- State Of Haryana & Ors
- Author
- B.S. Chauhan
- Bench
- Fakkir Mohamed Ibrahim Kalifulla, B.S. Chauhan
Judgment text excerpt
The Supreme Court upheld the High Court's ruling that Section 32-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, prohibits remission of sentences for offenses under the Act, overriding provisions of the Code of Criminal Procedure, 1973. The Court affirmed that the statutory provisions govern remission, not Article 161 of the Constitution, and that the distinction made by Section 32-A does not violate Articles 14 and 21. The appeal was dismissed, affirming the High Court's decision that the appellants were not entitled to remission.