Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act 1985 - Notifications issue{ by Central Government bearing no.S.0.2941(£) dated 18.11.2009 amending Notification no.S.0.1055(E) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 - Notifications issue{ by Central Government bearing no.S.0.2941(E) dated 18.11.2009 amending Notification no.S.0.1055(E) dated 19.10.2001 thereby inserting Note 4 in the table at the end of Note 3 - Notification assailed on the ground that the NDPS Act does not confer any power upon the Central Government to vary the parameters of the quantification of the drugs; that the offence defined in the Act is specific to narcotic drugs or the psychotropic substances; that no punishment is provided for or can be given in respect of non narcotic drugs or non psychotropic substances; and further note 4 pertains to entry no.239 dealing with the non-descript mixture or preparation with or without a natural material of specified drugs referred to in entries 1 to 238 of the notification specifying small quantity and commercial quantity and the effect of notification is to undermine the decision in case of *E. Micheal Raj - Held: The decision in *E. Micheal Raj nowhere makes reference to Note 2 of notification dated 19.10.2001 and that the same may have some bearing on the issue under consideration - This decision also does not refer to entry no. 239 and the interplay between the various provisions alluded to earlier while noting the argument of the . respondents - The judgment, however, after quoting notification dated 19.10.2001 took note of the purpose for which Amendment Act of 2001 was brought into force and then proceeded to hold that to achieve the said purpose of rationalisation of the sentence structure, the purity of the narcotic drug from the recovery or seizure made from the offender would be a decisive factor - Considering the significance of the issues raised by the respondents and the grounds of challenge of the appellants/petitioners concerning the impugned notification, to observe judicial rectitude and in deference to the decisions, matter is referred to larger bench. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 583 |
Petitioner | Hira Singh & Anr. |
Respondent | Union Of India & Anr. |
SCR | [2017] 7 S.C.R. 271 |
Judgement Date | 2017-07-03 |
Case Number | 722 |
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