Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Justice Act, 2003

Section: 142,161,173,340(2),342

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(C)--Conviction and sentence--Modification of sentence-Dismissal of appeal--On spy information, accused was allegedly found in selling charras, recovered from a polyphone shopper [sic] with quantity of 1025 grams and also sale amount of Rs.800/--10 grams of charras was separated for chemical analysis through Moharrar P.S. Tulamba--Investigation officer / complainant-Prejudice--No prejudice is caused to accused then functioning of complainant in his dual capacity as an I.O. is neither illegal nor unlawful--Held, there is no legal prohibition under law for a police officer to be complainant if he is witness to commission of an offence and also to be an I.O. as long as it does not in any way prejudice accused person--Prosecution successfully proved case beyond shadow of doubt--Philosophies of sentencing, explained--There are five philosophies of sentencing, (1) Retribution, (2) Incapacitation, (3) Deterrence, (4) Rehabilitation, (5) Reparation--offence under section 9(C) of Act ibid, has been made punishable with imprisonment which may extend to fourteen years or for life or death--Very intention of legislation for providing indeterminate sentencing, by using words "may extend to" in section 9(C) of Act ibid, was that it would provide for rehabilitation of a convict. Indeterminate sentencing-- ----Meaning of--Indeterminate sentencing means that criminal punishment that promotes rehabilitation through use of unspecific sentences. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(C), Conviction and sentence--Quantum of sentence-Modification of--Unspecific sentence--Indicative of reformation--Provision of law providing for unspecific sentence is indicative that courts have to appreciate circumstances indicative of reformation of a convict before deciding about quantum sentence--A reformed convict will not only be a better person for society but may also be helpful for his dependants--Plea of deduction in sentence, however, shall not be available to hardened and desperate criminals. Enormous increase in prison populations has led to severe prison overcrowding rehabilitation addresses…

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