BADAR DURREZ AHMED, J.

1. This writ petition seeks the quashing of notification S.O. No. 2941 (E) dated 18.11.2009 issued by the Ministry of Finance, Department of Revenue, Government of India on the ground that it is ultra vires the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’).

2. The petitioner is a citizen of Afganistan and is facing trial in the case entitled State v. Niyamatulah & Ors. which arises out of FIR No. 212/2009 of Police Station Crime Branch registered under section 21(c) of the NDPS Act. An alleged recovery of 500 grams of heroin was made from, inter alia, the petitioner. The Forensic Science Laboratory Report with regard to the said alleged heroin indicated that the substance allegedly recovered comprised of 44.5% diacetylmorphine (heroin). If this percentage is taken into account, then, according to the learned counsel for the petitioner the actual weight of heroin in the alleged recovery would be 222.5 grams. According to the learned counsel for the petitioner this would be less than the commercial quantity of 250 grams specified under notification S.O. 1055 (E) dated 19.10.2001. If the petitioner is