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HIGH COURT OF DELHI
MR. JUSTICE CHANDRA DHARI SINGH, J
CENTRAL BUREAU OF INVESTIGATION – Appellant
Versus
MD. YASEEN WANI & ORS. – Respondent
| Table of Content |
|---|
| 1. conviction of accused (Para 1 , 2) |
| 2. trial court's sentence (Para 3) |
| 3. aggrieved by sentence (Para 4 , 5 , 6) |
| 4. leniency in sentencing (Para 7 , 8) |
| 5. settled position of law (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. mitigating factors (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 7. impugned judgment set aside (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61) |
| 8. mandatory minimum sentence (Para 62) |
ORDER :
CHANDRA DHARI SINGH, J.
1. The instant revision petition under Section 397 read with Sections 401/482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [now Sections 438/442/528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”)] has been filed on behalf of the petitioner/revisionist seeking setting of the judgment dated 22nd July, 2022, passed by the learned Special Judge (PC Act), Rouse Avenue District Courts, New Delhi, in Criminal Appeal No. 2/2022.
2. The brief facts that led to the filing of the instant revision petition are that learned Trial Court convicted the accused persons/respondents f
Courts cannot impose sentences below the statutory minimum mandated by law, ensuring adherence to legislative intent in wildlife protection.
The court established that procedural errors in charge framing do not invalidate convictions unless they cause prejudice, and emphasized proportionality in sentencing.
(1) Once accused is found to be in illegal possession of narcotic substance/drugs, if in circumstances so warranted, can be awarded sentence higher than minimum prescribed/provided under NDPS Act.(2)....
The court ruled that sentencing must consider the offender's personal circumstances, emphasizing proportionality in punishment relative to the gravity of the offence.
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