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Supreme Court of India 2019-05-07 partly_allowed

Rafiq Qureshi vs Narcotic Control Bureau Eastern Zonal Unit

Bench: 2 — Ashok Bhushan

In Brief

Rafiq Qureshi, convicted under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act for possessing 609.6 grams of heroin (commercial quantity), appealed against sentences of 18 years (trial court) and 16 years (High Court). The Supreme Court held that when prescribing minimum imprisonment, courts may consider factors beyond those enumerated in Section 32B(a)–(f), including quantity of narcotic substance. The Court upheld the enhanced punishment principle but, considering that Qureshi was merely a carrier, reduced the sentence to 12 years rigorous imprisonment with fine, partly allowing the appeal.",

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Narcotic Drugs and Psychotropic Substances Criminal Sentencing Statutory Interpretation Punishment and Fine Drug Trafficking

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