2008 (10) TMI 670

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ts in a nutshell are as follows: A complaint was filed under Section 8 of the Act alleging commission of offence punishable under Section 20(b)(i) of the Act on 21.9.2001. The un-amended provision reads as follows: "20. Punishment for contravention in relation to Cannabis plant and Cannabis---------------------" Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder: (b) Produces, manufactures, possesses, sells, purchases, transports, imports inter-state, exports inter-state or uses cannabis, shall be punishable------ (i) Where such contravention relates to Ganja or the cultivation of Cannabis Plant, with rigorous imprisonment for a term which may extend....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the judgment, impose a fine exceeding two lakh rupees." The High Court was of the view that a new offence was made out because a higher punishment was imposed. Stand of the appellant is that no new offence was created but what was provided for related to more stringent sentence. It is, therefore, submitted that the High Court was not justified in holding that the new offence was committed. 3. Learned counsel for the respondent supported the judgment of the High Court. 4. In order to appreciate the stand of the learned counsel for the appellant a reference to Article 20 of the Constitution of India, 1950 (in short the 'Constitution') reads as follows: Protection in respect of conviction for offences. (1) No person shall be convi....