UNION OF INDIA Vs. SANJEEV V. DESHPANDE
LAWS(SC)-2014-8-22
SUPREME COURT OF INDIA
Decided on
August 12,2014
UNION OF INDIA
Appellant
VERSUS
Sanjeev V. Deshpande
Respondents
Referred Judgements :-
UNION OF INDIA INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU VS. THAMISHARASI:ARIF U PATEL [REFERRED TO]CUSTOMS NEW DELHI VS. AHMADALIEVA NODIRA [REFERRED TO]
STATE OF UTTARANCHAL VS. RAJESH KUMAR GUPTA [OVERRULED]
Cited Judgements :-
NAFE SINGH VS. NARCOTICS CONTROL BUREAU [LAWS(DLH)-2022-10-183] [REFERRED TO]ERUKULA YADAIAH GOUD VS. STATE [LAWS(APH)-2024-4-39] [REFERRED TO]
SATYABOINA CHANDRASEKHAR VS. STATE OF TELANGANA [LAWS(APH)-2018-6-14] [REFERRED TO]
RASHMIRAJ JAYSWAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-11-17] [REFERRED TO]
OMKAR GUPTA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-8-36] [REFERRED TO]
RAJESH AGRAWAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-8-76] [REFERRED TO]
HEERALAL MAHAWAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-6-69] [REFERRED TO]
JATIN AKASH SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-6-41] [REFERRED TO]
SUDIP AGARWAL, S/O. PREMCHAND AGARWAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-12-74] [REFERRED TO]
HARISADHAN SINGHA VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-3-56] [REFERRED TO]
HARISADHAN SINGHA VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-3-56] [REFERRED TO]
PRADUMAN JUSTA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-7-45] [REFERRED TO]
SANDEEP KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-7-22] [REFERRED TO]
PATEL JIMITKUMAR BIPINBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2020-11-56] [REFERRED TO]
PATEL JIMITKUMAR BIPINBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2020-11-56] [REFERRED TO]
SATINDER KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-8-61] [REFERRED TO]
AJAIB SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2018-9-14] [REFERRED TO]
ANITA ALIAS NEETU VS. STATE OF UT CHANDIGARH [LAWS(P&H)-2022-9-33] [REFERRED TO]
RANJAN VS. STATE OF M P [LAWS(MPH)-2019-1-21] [REFERRED TO]
ARVIND KUMAR VS. STATE [LAWS(DLH)-2020-1-83] [REFERRED TO]
SRIDHAR PUNACHITHAYA K. VS. THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, BANGALORE ZONAL UNIT, BANGALORE [LAWS(KAR)-2016-6-182] [REFERRED TO]
JAJIMOGGALA APPARAO @ SUDULA APPARAO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2017-9-83] [REFERRED TO]
PARAS SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-7-7] [REFERRED TO]
BHEEM VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-8-70] [REFERRED TO]
MAHADEB SAHA VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-5-86] [REFERRED TO]
HARICHARAN BISWAS VS. STATE OF TRIPURA [LAWS(TRIP)-2019-3-72] [REFERRED TO]
MANOJ KUMAR BHUYAN VS. STATE OF ORISSA [LAWS(ORI)-2021-7-32] [REFERRED TO]
SAGAR PRADHAN VS. STATE OF SIKKIM [LAWS(SIK)-2021-5-3] [REFERRED TO]
PARVEJ AHAMED S/O LATE ALI ASWAB VS. STATE OF TRIPURA [LAWS(TRIP)-2019-3-17] [REFERRED TO]
HUSSAIN AND ORS. VS. UNION OF INDIA [LAWS(CAL)-2015-3-63] [REFERRED TO]
HUSSAIN AND ORS. VS. UNION OF INDIA [LAWS(CAL)-2015-3-63] [REFERRED TO]
P. SRINIVAS RAO VS. THE STATE OF A.P. [LAWS(APH)-2017-10-87] [REFERRED TO]
SHIVARAJ URS VS. UNION OF INDIA [LAWS(KAR)-2019-10-85] [REFERRED TO]
KANGUJAM ANANDA MEITEI VS. CBI, SCB, KOLKATA [LAWS(MANIP)-2020-1-4] [REFERRED TO]
AVINASH MANDAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-7-23] [REFERRED TO]
ROSHAN BECK, VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-11-76] [REFERRED TO]
MOHD.YOUNUS VS. STATE OF TELANGANA AND OTHERS [LAWS(APH)-2018-6-83] [REFERRED TO]
GOPAL GUPTA VS. THE STATE OF M.P. AND ANOTHER [LAWS(MPH)-2017-5-247] [REFERRED TO]
RAVENDRA SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-12-64] [REFERRED TO]
SUKHPAL SINGH KHAIRA VS. STATE OF PUNJAB [LAWS(P&H)-2024-1-11] [REFERRED TO]
N. JANGA REDDY VS. THE STATE OF ANDHRA PRADESH [LAWS(APH)-2017-9-88] [REFERRED TO]
SHIV KUMAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-8-45] [REFERRED TO]
SADANAND MAJUMDAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-7-25] [REFERRED TO]
ASHISH SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-7-26] [REFERRED TO]
ANKUSH KUMAR @ SONU VS. STATE OF PUNJAB [LAWS(P&H)-2018-8-143] [REFERRED TO]
AMIT TIWARI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-5-217] [REFERRED TO]
MOHD AHSAN VS. CUSTOMS [LAWS(DLH)-2022-9-20] [REFERRED TO]
SUSHIL DEBBARMA S/O. LATE SURENDRA DEBBARMA VS. STATE OF TRIPURA [LAWS(TRIP)-2019-3-15] [REFERRED TO]
KAMALVEER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2020-10-46] [REFERRED TO]
JAGGI SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2022-8-140] [REFERRED TO]
PATASHO DEVI VS. STATE OF HARYANA [LAWS(P&H)-2022-9-91] [REFERRED TO]
SANKAR SARKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-8-29] [REFERRED TO]
RAMRAJ CHOUDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-12-3] [REFERRED TO]
JASPREET SINGH VS. UT. OF J & K [LAWS(J&K)-2021-8-6] [REFERRED TO]
PARAMJIT KAUR VS. STATE OF PUNJAB [LAWS(P&H)-2019-3-131] [REFERRED TO]
NILESH @ NILKAMAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-7-528] [REFERRED TO]
DIRECTORATE OF REVENUE INTELLIGENCE VS. AMIT KUMAR [LAWS(DLH)-2016-11-83] [REFERRED TO]
SACHIN SURYAVANSHI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-7-24] [REFERRED TO]
DILIP KUMAR VIRVANI AND ORS. VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-9-33] [REFERRED TO]
HUSSAIN & ANR VS. UNION OF INDIA [LAWS(CAL)-2015-12-175] [REFERRED]
AZHAR JAVAID RATHER VS. UT OF J&K [LAWS(J&K)-2023-4-20] [REFERRED TO]
JITENDRA HIRVAY VS. STATE OF MP [LAWS(MPH)-2018-8-351] [REFERRED TO]
GOPAL GUPTA VS. CENTRAL NARCOTICS BUREAU [LAWS(MPH)-2018-11-119] [REFERRED TO]
MANJIT KAUR VS. STATE OF PUNJAB [LAWS(P&H)-2022-9-37] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted in the special leave petitions.
(2.)This batch of matters is listed pursuant to various orders of this Court opining that these matters are required to be considered by a larger Bench.
(3.)The first of such orders is dated 20th April, 2007 made in Criminal Appeal No.644 of 2007. By the said order, leave was granted in SLP (Crl.) No.4976 of 2006. The order reads as follows:-
"Our attention has been invited by the learned counsel to two decisions of this Court; namely, a decision of 3-Judge Bench in Collector of Customs, New Delhi vs. Ahmadalieva Nodira, 2004 3 SCC 549 and subsequent decision of 2-Judge Bench in State of Uttaranchal vs. Rajesh Kuamr Gupta, 2007 1 SCC 355.
Reference was also made of Section 80 of the Narcotic Drugs and Psychotropic Substances Act, 1985 which reads as under:
"80. Application of the Drugs and Cosmetics Act, 1940 not barred. The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder.
In our opinion, in view of the fact that the effect of Section 80 requires to be considered, we grant leave and direct the Registry to place the papers before the Hon'ble the Chief Justice for placing the matter before a 3-Judge Bench.
(2.)This batch of matters is listed pursuant to various orders of this Court opining that these matters are required to be considered by a larger Bench.
(3.)The first of such orders is dated 20th April, 2007 made in Criminal Appeal No.644 of 2007. By the said order, leave was granted in SLP (Crl.) No.4976 of 2006. The order reads as follows:-
"Our attention has been invited by the learned counsel to two decisions of this Court; namely, a decision of 3-Judge Bench in Collector of Customs, New Delhi vs. Ahmadalieva Nodira, 2004 3 SCC 549 and subsequent decision of 2-Judge Bench in State of Uttaranchal vs. Rajesh Kuamr Gupta, 2007 1 SCC 355.
Reference was also made of Section 80 of the Narcotic Drugs and Psychotropic Substances Act, 1985 which reads as under:
"80. Application of the Drugs and Cosmetics Act, 1940 not barred. The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder.
In our opinion, in view of the fact that the effect of Section 80 requires to be considered, we grant leave and direct the Registry to place the papers before the Hon'ble the Chief Justice for placing the matter before a 3-Judge Bench.
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