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2004 (2) TMI 555 - SUPREME COURTWhether this segregation of “cases pending in appeal” and their exclusion from the application of the beneficial effects of the amending Act infringes the equality right guaranteed under Article 14 of the Constitution? Held that:- We are of the view that the proviso to Section 41(1) of the Amending Act 9 of 2001 is constitutional and is not hit by Article 14. Consequently, in all cases, in which the trials had concluded and appeals were pending on 2-10-2001, when Amending Act 9 of 2001 came into force, the amendments introduced by the Amending Act 9 of 2001 would not be applicable and they would have to be disposed off in accordance with the NDPS Act, 1985, as it stood before 2nd October, 2001. Since there are other contentions of law and fact raised in each of these cases, they would have to be placed before the appropriate Benches for decision and disposal in accordance with the law.
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