JUDGEMENT
-
(1.) Delay condoned.
(2.) Leave granted.
(3.) Mr. J. Sai Deepak, learned counsel appearing on behalf of the appellant submits that in Hira Singh & Anr vs Union of India, 2017 8 SCC 162, a two judge Bench of this Court has on 3 July 2017 referred the following questions in regard to the interpretation of the provisions of Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 19851 and the notification dated 19 October 2001 to a three Judge Bench:
1 "NDPS Act""12.1 Whether the decision of this Court in E. Micheal Raj (supra) requires reconsideration having omitted to take note of entry 239 and Note 2 (two) of the notification dated 19.10.2001 as also the interplay of the other provisions of the Act with Section 21?12.2 Does the impugned notification issued by the Central Government entail in redefining the parameters for constituting an offence and more particularly for awarding punishment?12.3 Does the Act permit the Central Government to resort to such dispensation?12.4 Does the Act envisage that the mixture of narcotic drug and seized material/substance should be considered as a preparation in totality or on the basis of the actual drug content of the specified narcotic drug?12.5 Whether Section 21 of the Act is a standalone provision or intrinsically linked to the other provisions dealing with "manufactured drug" and "preparation" containing any manufactured drug?";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.