Sushil Sharma S/o Late Kharananda Sharma vs State of Sikkim

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Sikk) 48

BHASKAR RAJ PRADHAN
Sushil Sharma S/o Late Kharananda Sharma – Appellant
Versus
State of Sikkim – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mrs. Puja Lamichaney.
For the Respondents: Mr. Karma Thinlay, Mr. Thinlay Dorjee Bhutia, Mr. S.K. Chettri, Ms. Pollin Rai.

Judgement Key Points

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JUDGMENT :

BHASKAR RAJ PRADHAN, J.

1. The NDPS Act, 1985 has been enacted to consolidate and amend the law relating to narcotic drugs; to make stringent provisions for control and regulations of operations relating to narcotic drugs and psychotropic substances; to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances and for matters connected therewith.

2. Although the NDPS Act, 1985 was applicable in Sikkim, the State however faced further challenges of abuse of prescription drugs and other substances which do not fall within the definition of drugs like eraz-ex, polish etc. As per the statement of object and reasons of the Sikkim Anti Drugs Bill, 2006:

“The Sikkim Anti Drugs Bill, 2006 has been framed to tackle the problem of drug abuse and other controlled substances that are being abused in the State. The drug abuse scenario in the State is increasing day by day and the unique problem is the abuse of prescription drugs that are sold by the licensed pharmacies/ medical stores on the prescription by registered medical practitioners

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2018 Supreme(Sikk) 48

BHASKAR RAJ PRADHANSushil Sharma S/o Late Kharananda Sharma – AppellantVersusState of Sikkim – Respondent

Cases Referred (17)

BHASKAR RAJ PRADHAN
Sushil Sharma S/o Late Kharananda Sharma – Appellant
Versus
State of Sikkim – Respondent