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    <title>2004 (2) TMI 555 - Supreme Court</title>
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    <description>The amended sentencing regime under the NDPS (Amendment) Act, 2001 applied retrospectively to pending trials and investigations, but excluded cases where trial had concluded and only the appeal remained pending. The Supreme Court upheld this classification against the Article 14 challenge, holding that concluded trials pending appeal formed a real and substantial class distinct from ongoing trials or investigations. The exclusion was rationally connected to Parliament&#039;s objective of avoiding delay, preventing reopening of concluded trials, and ensuring expeditious disposal. The proviso to Section 41(1) was therefore constitutionally valid, and the beneficial amendment did not extend to pending appeals from concluded trials.</description>
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    <pubDate>Mon, 09 Feb 2004 00:00:00 +0530</pubDate>
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      <title>2004 (2) TMI 555 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=112887</link>
      <description>The amended sentencing regime under the NDPS (Amendment) Act, 2001 applied retrospectively to pending trials and investigations, but excluded cases where trial had concluded and only the appeal remained pending. The Supreme Court upheld this classification against the Article 14 challenge, holding that concluded trials pending appeal formed a real and substantial class distinct from ongoing trials or investigations. The exclusion was rationally connected to Parliament&#039;s objective of avoiding delay, preventing reopening of concluded trials, and ensuring expeditious disposal. The proviso to Section 41(1) was therefore constitutionally valid, and the beneficial amendment did not extend to pending appeals from concluded trials.</description>
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      <pubDate>Mon, 09 Feb 2004 00:00:00 +0530</pubDate>
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