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SIDDHARTH MRIDUL, AMIT SHARMA
Mohd Ahsan – Appellant
Versus
Customs – Respondent
Based on the provided legal document, there is no indication that this judgment has been overruled. The document discusses the interpretation of laws, rules, and notifications related to the NDPS Act and related regulations, and it explicitly states that the questions referred to the court have been answered and that the matter may be placed before the appropriate bench for further proceedings, such as bail considerations. There is no mention of any subsequent ruling or order overruling this judgment. Therefore, this judgment remains valid and authoritative unless there is a specific later ruling explicitly overruling it, which is not indicated in the provided text.
JUDGMENT
Amit Sharma J. - The following questions have been referred to this Bench by a learned Single Judge of this Court:
'a) whether in cases specifically related to manufactured drug with a miniscule percentage of a narcotic substance, the weight of the neutral substance ought to be ignored while determining the nature of the quantity seized i.e. small, commercial or in between?
b) whether Note 4 of the S.O. 1055 (E) dated 19th October, 2001 published in the Gazette of India, Extra., Pt.II, Sec3 (ii) dated 19th October 2001, as amended on 18.11.2009, should be held inapplicable to manufactured drug which contain a miniscule percentage of a narcotic drug?
c) whether Note 4 of the S.O. 1055 (E) dated 19th October, 2001 published in the Gazette of India,. Extra., Pt.II, Sec3 (ii) dated 19th October 2001, as amended on 18.11.2009, should be made applicable to cough syrups containing miniscule percentage of Codeine since it has medicinal value and is also easily available?'
2. The background for such reference is that during the course of the hearing in the bail application, filed on behalf of the petitioner, in a Complaint Case No. 62/2020, dated 31.01.2018, filed by customs under Secti
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