1. In this Writ Petition filed under Article 226 of the Constitution of India, the petitioner who is the first accused in Crime No. 140 of 2011 of Panangad Police Station for an offence punishable under Sec. 22 ( c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the N.D.P.S. Act for short) read with Sec. 34 I.P.C. challenges Ext.P3 notification dated 18-11-2009 as per which a "note" has been added with effect from 18-11-2009 as "Note - 4" to the notification published as S.O. 1055 (E) dated 19-10-2001. The said Note 4 reads as follows:-

"4. The quantities shown in column 5 and column 6 of the Table relating to the respective drugs shown in column 2 shall apply to the entire mixture or any solution or any one or more narcotic drugs or psychotropic substances of that particular drug in dosage form or isomers, esters, ethers and salts of these drugs, including salts of esters, ethers and isomers, wherever existence of such substance is possible and not just its pure drug content".

(F.No.662/33/2008-NC-1)

VIMALA BHAKSHI, Under Secretary".

THE POLICE VERSION

2. The case of the prosecution as revealed by the final report in the above crime is as follows:-

On 2