VidhiSangh

Supreme Court of India · 03/12/2018

STATE OF PUNJAB versus RAKESH KUMAR

[2018] 14 S.C.R. 415 · 2018 INSC 1131

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Summary

The Supreme Court set aside suspension of sentence and bail granted on the premise that possession of manufactured drugs could be prosecuted only under the Drugs and Cosmetics Act. The NDPS Act operates in addition to that Act, and even medical or scientific dealings must comply with NDPS requirements. Immediate custody was directed. The underlying conviction appeals remained for the High Court, with expedition requested and the observations confined to the present suspension appeals.

Issues

  1. Whether manufactured drugs were excluded from prosecution under the NDPS Act by the Drugs and Cosmetics Act.
  2. Whether suspension of sentence and bail granted on that premise could stand.

Provisions considered

Held

Result

State appeals allowed; suspension-of-sentence and bail order set aside and immediate custody directed. Underlying appeals remain pending for determination by the High Court; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 415.