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2017 Supreme(SC) 620

DIPAK MISRA, A.M.KHANWILKAR
Hira Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For Appellant(s) : Mr. R.K. Kapoor, Mr. D.S. Pheruman, Ms. Kheyali, Mr. Rajat Kapoor, Ms. Shweta Kapoor, Mr. Anis Ahmed Khan, AOR, Mr. Nikhil Jain, AOR, Mr. Manoj Swarup, Adv., Mr. Vipul Jindal, Adv., Mr. Ajay Kumar, AOR, Ms. Upasana Nath, Adv., Mr. Sunil Dutt, Adv., Mr. Rashmi Singh, AOR,
For Respondent(s): Mr. Jagjit Singh Chhabra, AOR, Mr. Kuldip Singh, AOR, Mr. B. Krishna Prasad, AOR.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case involves a challenge to a notification issued by the Central Government that amended existing rules under the Narcotic Drugs and Psychotropic Substances Act, 1985, specifically inserting Note 4 into the relevant table (!) .

  2. The core issue is whether the Central Government has the authority under the Act to modify the parameters for quantifying drugs, particularly in relation to defining "small" and "commercial" quantities based on the aggregate weight of preparations containing narcotic drugs or psychotropic substances (!) (!) .

  3. The notification's validity is questioned on grounds that it may be beyond the powers conferred by the Act, especially since the Act deals specifically with narcotic drugs and psychotropic substances, and does not explicitly authorize such indirect modifications (!) .

  4. The notification in question pertains to entry no. 239, which deals with mixtures or preparations of the specified drugs, and it aims to define quantities based on the total weight of the mixture rather than the pure drug content (!) (!) .

  5. There is a significant debate regarding the interpretation of provisions related to "manufactured drugs" and "preparations," and whether the Act permits the classification of offences based on the total weight of mixtures or solely on the actual content of the narcotic or psychotropic substances (!) .

  6. The decision emphasizes that the determination of "small" or "commercial" quantities should be based on the actual drug content, not the total weight of the mixture, aligning with the purpose of the Act to impose proportionate punishments (!) (!) .

  7. The interpretation of terms such as "neutral substance," "preparation," and "mixture" is crucial, and their definitions influence the legal understanding of how quantities should be measured for offence classification (!) (!) .

  8. The Court recognizes the importance of considering the interplay between various provisions of the Act and the relevant notifications, and notes that previous judgments may have omitted this aspect, necessitating a larger Bench for an authoritative ruling (!) (!) .

  9. The case has been referred to a larger Bench to resolve the significant legal questions, including the scope of the Central Government's powers under the Act, the correct method for quantifying drugs in mixtures, and the interpretation of relevant provisions in light of international obligations and legislative intent (!) (!) (!) .

  10. The overarching principle is that the punishment should be based on the actual content of the narcotic or psychotropic substance in a mixture, not on the total weight of the mixture, to ensure proportionate sentencing and effective enforcement of drug laws (!) (!) .

These points summarize the legal issues, the arguments presented, and the directions for a larger judicial review as reflected in the document.


JUDGMENT

A.M. KHANWILKAR J.

1. The conundrum in these matters is to quash or not to quash the notification issued by the Central Government bearing No. S.O.2941(E) dated 18.11.2009, amending Notification No. S.O.1055(E) dated 19.10.2001 and thereby inserting Note 4 (four) in the table at the end of Note 3 (three). The appeals forming part of this batch of matters have arisen from the judgment and order of the High Court of Delhi and of the High Court of Punjab and Haryana respectively, rejecting the challenge to the impugned notification being ultra vires. That notification is assailed on the ground that the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the Act”) does not confer any power upon the Central Government to vary the parameters of the quantification of the drugs. The offence defined in the Act is specific to narcotic drugs or the psychotropic substances. No punishment is provided for or can be given in respect of non narcotic drugs or the non psychotropic substances. If that cannot be done directly, it cannot be achieved indirectly muchless by issuance of a notification. Further, Note 4 (four) at best pertains to entry no. 239 dealing with the non-desc






















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