Law: Control of Narcotics Substances Act, 1997

Section: 9(c),9(a),9(b)

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),9(a),9(b)

(a) Administration of justice--- ----Principles---Quintessence of the Civilization's evolution and growth in the legal field is a progression from dispensation of justice according to the principle of "justice, equity and good conscience" to "justice according to law"---Rationale or raison d'etre for this momentum, quite easy to discern and comprehend, is that justice ought not to be administered according to whims, caprice or subjective standards of an individual judge but it should be dispensed according to some codified or stipulated standards so as to render the outcome consistent and reasonably predictable---Predictability of judicial response to an action or inaction of a person is important because, by and large, people living in a community adapt or mould their conduct keeping in view the law of the land and a probable judicial reaction to their actions or inactions---Essence, therefore, is that, proverbially speaking, justice should not vary with the size of the chancellor's foot but a person inviting a legal intervention into his conduct should be able to appreciate in advance as to how he is likely to be treated by a judge dealing with application of the relevant law to that persons' conduct---Uniformity and standardization of judicial response to similar legal situations cannot, thus, be overemphasized. (b) Control of Narcotic Substances Act (XXVII of 1997)--- ----S. 9(a)(b) & (c)---Sentence---High Court, after having pondered and mulled over the issue of sentence from diverse angles including legal, social and economic perspectives, approved and prescribed the normal and standard sentences for different quantities of various contraband narcotic substances recovered in connection with the control of Narcotic Substances Act, 1997 and provided charts and principles therefor. On the basis of the Reference made by the Division Bench of the High Court the Chief Justice constituted the Full Bench for the purpose of formulating a sentencing policy for cases involving recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997. Of late it had been noticed by the High Court that in the matter of passing sentences in…

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