Sentencing strategies in socio economic offences with special reference to narcotic drugs and psychotropic substances act 1985 a socio legal study

Abstract

Sentencing is that expanse of law in which the Government acts in its most newlinepowerful and intrusive manner and it is not out of surprise to say that it is also newlinethe most controversial, politically sensitive, and also the least principled and newlinecoherent body of law. Sentencing is the system of law through which the newlineoffenders are punished for their acts, though such sanctions available against newlinecriminal offenders targets the most cherished individual interests, such as the newlineright to liberty. Those who expect the sentence to be retributive may be more newlineinterested in studying its relation to the offence committed, while those who newlinewish the sentence be reformative will be more concerned with the impact of the newlineoffender. newlineThe present research owes its origin to the simple observation regarding the newlineutility of sentencing strategies in Socio-Economic offences which courts newlineimplement with considerable variations. Keeping in view, the multiplicity of newlineobjects of sentencing, there are various ways of carrying out research on this newlinesubject, ranging from the detailed evaluation of judgments in individual cases newlineto assessment of general trends of that aspect. Most of the study so far carried newlineout by the researcher have been, either observing changes in sentencing policy newlineover a period of time or comparing the policies of courts in different countries newlinein case of socio-economic crimes. An analysis has been made in both the ways newlineof comparing work of the courts as a collective body and has also looked into newlinethe patterns of individual judge s sentencing. An insight about the newlinephilosophical arguments in the area of punishment, which has been largely newlineconfined to the justification of punishment vis-à-vis reasons for departure from newlinetraditional principle of liability in socio-economic offences has been made. On newlinethe other hand, a threadbare legal analysis was made which primarily focused newlineon sentencing patterns in specific socio-economic enactments with special newlinefocus on Narcotic Drugs and Psychotropic Substances Act, 1985. De......