KADEM SHAIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Judgment of the Court was delivered by : Present reference is placed before us for deciding a question of law as to the Constitutional validity of Narcotic Drugs & Psychotropic Substances Amendment Act of 2001 (Act 9 of 2001), specially the provisions by which the sentence structure was mollified.

(2.) In course of hearing of a bail application, the Division Bench of this Court expressed its views that "the object of inflicting deterrent punishment upon the drug traffickers, who traffic in 'significant quantity', can never be achieved if the peddlers sharing common intention and indulging in selling and possessing heroin are let loose with a minimal punishment for six months coupled with the immunity from a pre-trial imprisonment".

(3.) The Division Bench was of the view that a substantial question of law as to the Constitutionality of the amendments introduced to N.D.P.S. Act, 1985, by the Amendment Act of 2001, has arisen in this case, which is of general public importance affecting the rights of the parties hereto and the society at large. The matter was referred to the Hon'ble Chief Justice and accordingly this Bench was constituted to decide the point.