BASHEER@ N.P. BASHEER versus STATE OF KERALA

BASHEER@ N.P. BASHEER versus STATE OF KERALA

The proviso to Section 41(1) of the NDPS (Amendment) Act, 2001, excluding cases pending in appeal as of 2-10-2001 from the benefit of the amendment, is constitutionally valid and not violative of Article 14. The legislative classification is rational and based on intelligible differentia with the objective of avoidance of delay in trials, and marginal anomalies do not invalidate the classification.

Parties
Appellant: Basheer@ N.P. Basheer; Respondent: State of Kerala
Jurisdiction
India
Judgment Date
09 February 2004
Procedural Posture
Criminal Appeal / Decision on Constitutional Question; Appeals to Be Placed Before Appropriate Benches for Remaining Issues
Outcome
Proviso to Section 41(1) is constitutional; appeals disposed of accordingly; proviso not hit by Article 14; other contentions to be decided by appropriate benches.
Legal Topics
Constitutionality of Legislative Classification, Retrospective Application of Penal Law, Classification Under Article 14, Narcotic Drugs and Psychotropic Substances (amendment) Act, 2001, Sentencing Structure for Narcotics Offences
Criminal Law Constitutional Law Constitutionality of Legislative Classification Retrospective Application of Penal Law Classification Under Article 14 Narcotic Drugs and Psychotropic Substances (amendment) Act, 2001 Sentencing Structure for Narcotics Offences

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Parties

Basheer@ N.P. Basheer

Appellant

State of Kerala

Respondent

Procedural Posture

Criminal Appeal / Decision on Constitutional Question; Appeals to Be Placed Before Appropriate Benches for Remaining Issues

Legal Issues

  1. 1 Whether the proviso to Section 41(1) of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, excluding its benefit for cases pending in appeal as of 2-10-2001, is unconstitutional under Article 14 of the Constitution of India

Ratio Decidendi

The proviso to Section 41(1) of the NDPS (Amendment) Act, 2001, excluding cases pending in appeal as of 2-10-2001 from the benefit of the amendment, is constitutionally valid and not violative of Article 14. The legislative classification is rational and based on intelligible differentia with the objective of avoidance of delay in trials, and marginal anomalies do not invalidate the classification.

Court Disposition

Proviso to Section 41(1) is constitutional; appeals disposed of accordingly; proviso not hit by Article 14; other contentions to be decided by appropriate benches.

Orders

  • In cases where trials had concluded and appeals were pending as of 2-10-2001, the amendments introduced by Act 9 of 2001 would not apply and such cases are to be disposed of according to the NDPS Act, 1985 as it stood before 2-10-2001.
  • Appeals to be placed before appropriate benches for decision and disposal in accordance with law as per this judgment.