Q. What are the equivalent citations for K. P. Abdul Latheef vs State of Kerala ?

The equivalence citation are(1993) SCC CRI 202 ; (1992) SUPPL. 3 SCC 78 ; LQ/SC/1992/53 ;

K. P. Abdul Latheef Vs. State Of Kerala On 20 January, 1992

Q: Q. What was the bench assigned for the case K. P. Abdul Latheef vs State of Kerala?

HONBLE JUSTICE A. M. AHMADI, HONBLE JUSTICE K. RAMASWAMY

Open iDraf

K. P. Abdul Latheef v. State Of Kerala

K. P. Abdul Latheef
v.
State Of Kerala

(Supreme Court Of India)

Criminal Appeal No. of 1992 | 20-01-1992

1. We have heard counsel for the parties and we have perused the statement made in Ex. P-2 i.e. the panchnama or the seizure memo prepared after the offending substance was found on the person of the appellant-accused. The recital in that document shows that the offending substance, i.e. brown sugar, weighed 150 miligrams. The learned trial Judge has referred to that statement in para 13 of the judgment and has observed that Ex. P-2 does not really show that all the packets together weighed only 150 miligrams, nor does it show that each packet weighed 150 gms. (sic mgs.) If this is the state of that document the benefit of doubt should have gone to the accused. We are, therefore, of the opinion that the courts below were not justified in holding that each packet weighed 150 mgs. In this view of the matter we think, Section 27 of the NDPS Act, 1985 read with the Central Governments Notification S.O. 827(E) dated November 14, 1985 applied. Appellant was, therefore, entitled to the benefit of Section 27. He has already undergone sentence of approximately over three years. In these circumstances we allow this appeal on the limited question of sentence and hold that the sentence undergone by the appellant is sufficient. He will be released forthwith. The appeal is allowed accordingly.

Advocates List

For

Bench List

HON'BLE JUSTICE A. M. AHMADI

HON'BLE JUSTICE K. RAMASWAMY

Eq Citation

(1993) SCC CRI 202

(1992) SUPPL. 3 SCC 78

LQ/SC/1992/53

HeadNote

Narcotic Drugs and Psychotropic Substances, 1985 — S. 27 r/w S.O. 827(E)/SO 2409 dated 14-11-1985 — Sentence — Sentence undergone — Held, appellant was entitled to benefit of S. 27 NDPS Act — He has already undergone sentence of approximately over three years — Sentence undergone by appellant is sufficient — He will be released forthwith