Misra, J. -- 1. This writ petition preferred under Article 226 of the Constitution of India was instituted at the instance of the petitioner who has been convicted under section 20(b) (ii) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short, 'the NDPS Act') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-, in default, to suffer further rigorous imprisonment for a period of three years, in Special Case No. 6/99 by the learned Special Judge, NDPS, Indore. Being aggrieved by the said judgment of conviction, he has preferred a Criminal Appeal No.151/2000 in the High Court at Indore Bench which is pending for disposal. While suffering incarceration, he sent the present application challenging the Constitutional validity of section 41 of the NDPS (Amendment) Act, 2001 (Act No.9 of 2001). As the writ petition was instituted on the basis of the application received from the convict from jail, we thought it appropriate to engage an amicus curiae to assist us, and accordingly we appointed Mr. S.C. Datt, learned Senior Counsel as the friend of the Court.

2. After notices were issued Mr. R.S. Patel, learned Senior S