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2011 (6) TMI 614 - HC - Indian LawsValidity of Section 31-A of the NDPS Act -mandatory death penalty for drug offences - violative of Articles 14 and 21 of the Constitution of India – Held that:- Section 31-A of the NDPS Act may be construed as directory; and death penalty specified in Section 31-A of the NDPS Act may be considered as alternative punishment with regard to offences covered by Section 31-A of the Act, if the normal sentence prescribed by Section 31 of the Act for the stated offences is found to be inadequate or would not meet the ends of justice. Section 31-A of the NDPS Act is violative of Article 21 of the Constitution of India, as it provides for mandatory death penalty. Challenge to the said provision on the stated grounds rejected, being violative of Article 14 of the Constitution of India. Further, instead of declaring Section 31-A as unconstitutional, and void ab initio, Court will have discretion to impose punishment specified in Section 31 of the Act for offences covered by Section 31-A of the Act. But, in appropriate cases, the Court can award death penalty for the offences covered by Section 31-A, upon recording 1reasons therefor. Petitions are partly allowed
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