STATE OF MAHARASHTRA Vs. JAYANTILAL MODI

JUDGEMENT

(1.) Heard the learned counsel for the State.

(2.) The State is aggrieved by the judgment of the High Court in Criminal Appeals Nos. 622, 643, 649 of 1994 and 82 of 1995 on the file of the High Court of Bombay wherein the accused were acquitted. The main reason for such acquittal was on the basis of the interpretation of Section 42 of the NDPS Act. When the matters came up before this Court, this Court by an order dated 13-7-2006 adjourned the matters awaiting the decision on this issue by the Constitution Bench and the issue was finally decided by the Constitution Bench in Criminal Appeal No. 36 of 2003 entitled Karnail Singh v. State of Haryana, 2009 8 SCC 539. In this view of the fact, we allow the appeals and set aside the judgment of the High Court and request the High Court to rehear the appeal. The High Court may issue fresh notices to the accused initially. The criminal appeals are allowed accordingly.