J U D G M E NT

: MS. G. ROHINI, CHIEF JUSTICE

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 fa