- (1.) Our attention has been invited by the learned counsel to two decisions of this Court; namely, a decision of 3- Judge Bench in Collector of Customs, New Delhi v. Ahmadalieva Nodira (2004) 3 SCC 549 and subsequent decision of 2-Judge Bench in State of Uttaranchal v. Rajesh Kuamr Gupta (2007) 1 SCC 355.
(2.) Reference was also made of Section 80 of The Narcotic Drugs and Psychotropic Substances Act, 1985 which reads as under : "80. Application of the Drugs and Cosmetics Act, 1940 not barred. - The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder."
(3.) In our opinion, in view of the fact that the effect of Section 80 requires to be considered, we grant leave and direct the Registry to place the papers before the Hon'ble the Chief Justice for placing the matter before a 3-Judge Bench.;