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Annastancia Bhule Ndlovu Versus Narcotics Control Bureau

Appeal against Conviction – Possession of controlled substance – Appellant assailing order of trial court convicting him for offences under section 9A and 25A of NDPS Act, 1985 and sentencing to undergo rigorous imprisonment with fine – Held that:- appellant was admittedly carrying controlled substance when she was detained – Also controlled substance was being carried in secret compartment of her luggage – Supreme Court in case of Union of India vs. Kuldeep Singh [2003 (12) TMI 628 - SUPREME CO .....

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of sentence – Thus, impugned order of conviction upheld – Decided against appellant. - CRL.A. No. 670/2015 - Dated:- 3-8-2015 - Siddharth Mridul, J. For the Appellant : Mr. Vikas Gautam, Adv For the Respondent : Mr. Mohit Arora, Adv for Mr. B.S. Arora, SPP ORDER Siddharth Mridul, J (Oral) 1. The present is an appeal under section 374 Cr.P.C. assailing the order on sentence dated 25.03.2015 passed by the Sessions Court, NDPS Act, New Delhi whereby the appellant was convicted for offences under se .....

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appellant only urges this court to take a lenient view in the matter since the appellant is a mother of three minor children, who reside in South Africa. Counsel for the appellant states that, the sentence imposed on the appellant is harsh and urges this court to release the appellant on the sentence already undergone by her which is eleven months twenty three days up to 24.07.2015. 4. Counsel for the appellant places reliance on the decision of this Court in Narcotics Control Bureau vs. Nthadi .....

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ingh reported as (2004) 2 SCC 590 to urge that no leniency should be shown to the appellant. Counsel appearing on behalf of the Narcotics Control Bureau has also invited my attention to a report of the United Nations Office of Drugs and Crime to urge that the controlled substance which the appellant admitted to have been carrying has become a source of making Methamphetamine which is a matter of grave concern owing to its endangering public health, particularly, since Methamphetamine is the chea .....

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m to undermine the public confidence in the efficacy of law and society could not long endure under such serious threats. It is, therefore, the duty of every court to award proper sentence having regard to the nature of the offence and the manner in which it was executed or committed etc. The Hon ble Supreme Court further went on to observe as under:- 13. The object should be to protect the society and to deter the criminal in achieving the avowed object to law by imposing appropriate sentence. .....

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fabric but also on the social order and public interest, cannot be lost sight of and per se require exemplary treatment. Any liberal attitude by imposing meager sentences or taking too sympathetic view merely on account of lapse of time or personal inconveniences in respect of such offences will be result-wise counter productive in the long run and against societal interest which needs to be cared for and strengthened by string of deterrence inbuilt in the sentencing system. 15. In Dhananjay Ch .....

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The Court must not only keep in view the rights of the criminal but also the rights of the victim of the crime and the society at large while considering the imposition of appropriate punishment. 16. Similar view has also been expressed in Ravji v. State of Rajasthan, (1996) (2) SCC 175. It has been held in the said case that it is the nature and gravity of the crime but not the criminal, which are germane for consideration of appropriate punishment in a criminal trial. The Court will be failing .....

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