1. The Special Judge (NDPS), Bengaluru by his order dated 26.5.2010 in Crime No. 52 of 2010, referred the matter to this Court under Section 395 Cr. P.C. to examine the validity or otherwise of the Central Government Gazette Notification dated 18.11.2009.

2. Brief facts leading to this reference are as under:-

The three accused were found in possession of 3.6 kilograms of charas on 3.3.2010, consequent upon which, Crime No. 52 of 2010 was registered against all the three accused for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short). The applications for bail were filed by the accused in the said crime. It is contended by the learned counsel for the accused that when any narcotic drug or psychotropic substance is found mixed with one or more neutral substances for the purpose of imposition of punishment, it is the content of narcotic drug or psychotropic substance which alone shall be taken into consideration but not the entire mixture, for the purpose of determining whether the substance seized constitute small quantity or commercial quantity. The accused relied upon the judgment of the Apex Court in the