2004 INSC 0780
                                    SUPREME COURT OF INDIA

                                   Nayak Ramesh Chandra Keshavlal

                                                      Vs.

                                               State of Gujarat

                                          Crl.A.No.1304 of 2003

                                  (B. N. Agarwal and H. K. Sema JJ.)

                                                 28.07.2004

                                                   ORDER

1. Heard the learned counsel for the parties.

2. As the points raised by learned counsel appearing on behalf of the appellant is concluded
by a recent judgment of this Court in the case of Basheer Alias N.P. Basheer Vs. State of
Kerala, reported in 2, in relation to the applicability of Narcotic Drugs and Psychotropic
Substances (Amendment) Act, 2001, wherein lesser punishment was provided when the
quantity seized is a small one, as enumerated in Notification bearing S.O.1055 (E) dated 19th
October, 2001, published in the Gazette of India, Extra. Part II, Section 3(ii) dated 19th
October, 2001. Proviso to Section 41 of the amending Act referred to above, lays down that
the provisions of the amending Act shall not apply to cases pending in appeal, validity of
which was challenged before this Court on the ground that the same, being discriminatory,
was violative of Article 14 of the Constitution of India. But this Court in the case of Basheer
(supra), upheld the validity of the said provision and, consequently, the provisions of the
Amendment Act shall have no application in the present case, as on the date of coming into
force of the Amending Act, the case of the appellant was pending in appeal before the High
Court. No other point having been raised, we do not find any merit in this appeal, which is,
accordingly, dismissed.

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