The State of West Bengal vs. Anwar Ali Sarkar [AIR 1952 SC 75]: Supreme Court of India
Offences or cases cannot be classified in two categories on the basis of the preamble alone
62. I have already stated that this part of the sub section contemplates a process of classification of “offences”, “classes of offences” and “classes of cases”. This classification must, in order that it may not infringe the constitutional prohibition, fulfil the two conditions I have mentioned. The preamble of the Act under consideration recites the expediency of providing for the speedier trial of certain offences. The provision for the speedier trial of certain offences is, therefore, the object of the Act. To achieve this object, offences or cases have to be classified upon the basis of some differentia which will distinguish those offences or cases from others and which will have a reasonable relation to the recited object of the Act. The differentia and the object being, as I have said, different elements, it follows that the object by itself cannot be the basis of the classification of offences or the cases, for, in the absence of any special circumstances which may distinguish one offence or one class of offences or one class of cases from another offence, or class of offences or class of cases, speedier trial is desirable in the disposal of all offences or classes of offences or classes of cases. Offences or cases cannot be classified in two categories on the basis of the preamble alone as suggested by the learned AttorneyGeneral.