Supreme Court of India

Basheer@ N.P. Basheer v. State of Kerala

Neutral citation

Reported as [2004] 2 S.C.R. 224

Bench K.G. Balakrishnan and B.N. Srikrishna JJ.

Decided 9 February 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the proviso to Section 41 (I) of the Amending Act 9 of 2001 is Constitutional and is not hit by Article.

Judgment, page 12

From the headnote

Narcotic Drugs and Psychotropic Substances (Amendment) ct, 200 I: Section 41(/) 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 (I) excluded the benefit of the amendment to. cases pending in appeal on that date-Held: Classification rational and based on intelligible

Authorities it was built on

1966 Smt. Dayawati and Another v. Inderjit and Others cited by 12
2001 State of Andhra Pradesh and Ors. v. Nallamilli Rami Reddi and Ors. cited by 6

Where later benches applied it

2025 Nagarajan & Anr. v. The State of Tamil Nadu relied on
2014 Dr. Subramanian Swamy & Ors. v. Raju Thr. Member Juvenile Justice Board & Anr. relied on
2013 Kashmiri Lal v. State of Haryana relied on
2012 Sukhdev Singh v. State of Haryana relied on
2024 Pernod Ricard India (p) Ltd. v. The State of Madhya Pradesh & Ors. referred to
2022 Noel Harper & Ors. v. Union of India & Anr. referred to
2021 State of Tamil Nadu & Anr. v. National South Indian River Interlinking Agriculturist Association referred to
2015 State through Intelligence Officer Narcotics Control Bureau v. Mushtaq Ahmad Etc. referred to

Of those, 4 relied on · 4 referred to

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