MAKTOOL SINGH versus STATE OF PUNJAB

MAKTOOL SINGH versus STATE OF PUNJAB

Section 32-A of the NDPS Act, 1985, takes away the powers of the court to suspend a sentence passed on persons convicted of offences under the Act (except Section 27) either during pendency of any appeal or otherwise; it overrides Section 36-B and relevant provisions of CrPC, including Section 389. As a result, appellate and trial courts cannot suspend such sentences during appeal.

Parties
Appellant: Maktool Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
17 March 1999
Procedural Posture
Criminal Appeal / Appeal From Punjab & Haryana High Court Judgment Dated 20.11.98
Outcome
Appeal dismissed
Legal Topics
Suspension of Sentence, Appellate Powers, Interpretation of Statutes, Bail Under NDPS Act
Criminal Law Narcotic Drugs Law Suspension of Sentence Appellate Powers Interpretation of Statutes Bail Under NDPS Act

Case Brief

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Parties

Maktool Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Appeal From Punjab & Haryana High Court Judgment Dated 20.11.98

Legal Issues

  1. 1 Whether the sentence of a person convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 can be suspended during the pendency of appeal
  2. 2 Interrelation of Section 32-A and Section 36-B of the NDPS Act regarding suspension of sentence
  3. 3 Extent of court's powers to suspend sentence under NDPS Act

Ratio Decidendi

Section 32-A of the NDPS Act, 1985, takes away the powers of the court to suspend a sentence passed on persons convicted of offences under the Act (except Section 27) either during pendency of any appeal or otherwise; it overrides Section 36-B and relevant provisions of CrPC, including Section 389. As a result, appellate and trial courts cannot suspend such sentences during appeal.

Court Disposition

Appeal dismissed

Orders

  • Registry of each High Court directed to include every appeal against conviction under NDPS Act in the hearing list as soon as appeal becomes ripe for hearing and give it preference for early hearing.