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2014 Supreme(SC) 579

R. M. LODHA, J. CHELAMESWAR, A. K. SIKRI
Union of India – Appellant
Versus
Sanjeev V. Deshpande – Respondent


JUDGMENT

Chelameswar, J.

1. Leave granted in the special leave petitions.

2. This batch of matters is listed pursuant to various orders of this Court opining that these matters are required to be considered by a larger Bench.

3. The first of such orders is dated 20th April, 2007 made in Criminal Appeal No.644 of 2007. By the said order, leave was granted in SLP (Crl.) No.4976 of 2006. The order reads as follows:-

"Our attention has been invited by the learned counsel to two decisions of this Court; namely, a decision of 3-Judge Bench in Collector of Customs, New Delhi vs. Ahmadalieva Nodira (2004) 3 SCC 549 and subsequent decision of 2-Judge Bench in State of Uttaranchal vs. Rajesh Kuamr Gupta (2007) 1 SCC 355.

Reference was also made of Section 80 of the Narcotic Drugs and Psychotropic Substances Act, 1985 which reads as under:

"80. Application of the Drugs and Cosmetics Act, 1940 not barred. - The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder.

In our opinion, in view of the fact that the effect of Section 80 requires to be considered, we grant leave and
























































































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