Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 200 I Narcotic Drugs and Psychotropic Substances (Amendment) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Section 41(1) proviso-Constitutionality of-Various provisions of the NDPS Act, 1985 were amended and graded sentences prescribed based on the quantity of narcotic drug or psychotropic substance in respect of which the offence was committed-The amended provisions were applicable to all cases pending before the courts on 2-10-2001 or under investigation on that date-But the proviso to S. 41(1) excluded the benefit of the amendment to cases pending in appeal on that date-Held: Classification rational and based on intelligible differentia having nexus with one of the objectives of the Act viz., avoidance of delay in trials-The fortuitous possibility of an accused getting the benefit of the amendment where trial concluded before 2-10-2001 and appeal filed thereafter would not render the proviso unconstitutional. Constitution of India, 1950: Article 14-Classification-Held: Marginal over-inclusiveness or under-inclusiveness not violative of Art. 14. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2004 INSC 92 |
Petitioner | Basheer@ N.p. Basheer |
Respondent | State Of Kerala |
SCR | [2004] 2 S.C.R. 224 |
Judgement Date | 2004-02-09 |
Case Number | 1334 |
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