MS. G. ROHINI, J.

1. The petitioner who is facing trial before the Court of Additional Special Judge for NDPS cases, Sessions Court, Jalgaon District in DRIF. No.DRI/MZu/C/Inv-12/2013-14 has filed the present writ petition challenging the inclusion of 'Ketamine' in the list of Psychotropic Substances specified in the Schedule to the Narcotic Drugs and Psychotropic Substances Act, 1985 vide Notification dated 10.02.2011 of the Ministry of Finance, Government of India. The petition also seeks to challenge the consequential Notification dated 21.06.2011 specifying the ‘small’ and ‘commercial’ quantity of Ketamine as ‘10 gms’ and ‘500 gms’ respectively for the purpose of penal provisions under the Act.

2. The prayer in the writ petition reads as under:

"(a) Declare that the Notification S.O. 311, dated 10th February 2011 has been issued ultra vires the Narcotic Drugs and Psychotropic Substances Act, 1985 and has no force in law;

(b) Issue an appropriate writ or order or direction to quash and set aside the Notification S.O. 311, dated 10th February, 2011 and entry No.238E in the notification S.O. 1430(E) dated 21st June, 2011.

(c) Grant cost of this petition in favour of the Petitioner."

3. It is pleaded that in relation to the seizure of 1195.2kg of 'Ketamine Hydrochloride', summons under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') were issued to the petitioner by the Department of Revenue Intelligence. On 22.04.2014, he was produced before the Additional Chief Magistrate, Mumbai and was remanded to custody in District Jail, Jalgaon. Since then, the petitioner has been in custody.

4. It is further pleaded that the allegations in the complaint related to commission of offences under NDPS Act in relation to a psychotropic substance, i.e. 'Ketamine' which was included in the list of psychotropic substances vide Notification dated 10.02.2011 issued by the respondent. The said Notification is sought to be challenged in the present petition primarily on the ground that it has been issued without complying with the mandatory statutory requirements set out under Section 3 of the NDPS Act.

5. Before going to the grounds of challenge, the impugned Notification dated 10.02.2011 whereby 'Ketamine' has been included in the list of psychotropic substances and the consequential Notification dated 21.06.2011 specifying the 'small' and 'commercial' quantities of 'Ketamine' for the purpose of penal provisions under the Act may be extracted hereunder:

"MINISTRY OF FINANCE

(Department of Revenue)

NOTIFICATION

New Delhi, the 10th February, 2011

S.O. 311(E). - Whereas the Central Government is satisfied, on the basis of information and evidence which has become available to it with respect to the nature and effect of, or the scope of abuse or, any substance (natural or synthetic) or natural material or any salt or preparation of such substance or material, that it is necessary or expedient to add the following substance or natural material or salt or preparation of such substance or material in the list of psychotropic substances specified in the Schedule to the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) Act;

Now, therefore, in exercise of the powers conferred by Section 3 of the said Act, the Central Government hereby makes the following addition in the list of psychotropic substances specified in the Schedule of the said Act, namely :-

In the Schedule to the said Act, after serial number 110 and the entries relating thereto, the following serial number and the entries hall be inserted, namely :-

      [F.No. N/11012/4/2010-NC-II]

Satyan Narayan Dash, Under Secy.

MINISTRY OF FINANCE

(Department of Revenue)

NOTIF