Basheer @ N.P. Basheer VS. State Of Kerala

Extract

---

Basheer @ N.P. Basheer VS. State Of Kerala

CASE NO.: Appeal (crl.) 1334 of 2002

PETITIONER: Basheer @ N.P. Basheer

RESPONDENT: State of Kerala

DATE OF JUDGMENT: 09/02/2004

BENCH: K.G. Balakrishnan & B.N. Srikrishna.

JUDGMENT: JUDGMENT

WITH

CRIMINAL APPEAL Nos.1335-1337 OF 2002 AND

CRIMINAL APPEAL Nos.28-29,708,741 & 613 OF 2003

SRIKRISHNA, J.

These appeals have been placed before us for deciding a question of law as to the Constitutional validity of the proviso to Sub-section 1 of Section 41 of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 (Act 9 of 2001).

Although, the facts and other contentions raised in each of these appeals are different, for the purposes of deciding the question of law urged before us, it is sufficient to note that in all these cases the accused were convicted by the Trial Courts and had filed appeals before the respective High Courts. Further, their appeals were pending before the High Courts on 2nd October, 2001, when Act 9 of 2001, came into force.

In all these cases, the accused were found guilty of offences in connection with narcotic drugs and psychotropic substances and were sentenced to rigorous imprisonment o...

See the full content of this document

---