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TMI Blog2015 (10) TMI 2706X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned Notification says is that the quantities shown in columns 5 and 6 of the table relating to the respective drugs shown in Column 2 shall apply to the entire mixture or any solution or anyone or more narcotic drugs or psychotropic substances of that particular drug in dosage form or isomers, esters, ethers and salts of these drugs. It includes salts of esters, ethers and isomers, wherever existence of such substance is possible and not just its pure drug content. We do not find the Notification to be either Legislative in nature or to be suffering from any excessive delegation. Once the Parliament thought fit to delegate the function of identifying 'small quantities' and 'commercial quantities' under the Act, by way of Notifications ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1908 and Sections 7, 15, 13(2), 13(1)(d), 19(1)(c) of the Prevention of Corruption Act and Rules 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act' in short), has come up with the above writ petition, seeking a declaration that the Notification bearing S.O.No.2941(E)/2009 dated 18.11.2009 is unconstitutional. 2. Heard Mr.B.Kumar, learned Senior counsel appearing for the petitioner and Mr.Su.Srinivasan, learned Assistant Solicitor General takes notice for the respondent. 3. Section 18 of the NDPS Act, 1985 provides for graded punishment for any contravention of the provisions of the Act, categorising the contravention into (i) small quantity, (ii) intermediary quantity an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fication that was issued was in S.O.No.1055(E), dated 19.10.2001. The said Notification contained a table, having six columns. Column No.1 provides Serial Numbers. Column No.2 provides the names of the Narcotic drugs or a Psychotropic Substance. Column No.3 is intended to private, a non-proprietary name for the drug, whose name is mentioned in Column No.2. Column No.4 is intended to private the commercial name of the substance. Column Nos.5 and 6 of the table respectively prescribes 'small quantity' and 'commercial quantity' . 6. In the table contained under the Notification dated 19.10.2001, about 238 substances had been identified. At Serial No.239, Column No.2 of the table states as follows: 'Any mixture or prep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt Cases (Cri) 1303), what was a 'small quantity'. Though in the said case, the prosecution alleged that the appellant before the Supreme Court was found to be in possession of 110 ampoules of buprenorphine, the Supreme Court went by the Notification dated 23.07.1996, that was in existence before the Notification, in S.O.No.1055 of 2001, dated 19.10.2001, came into existence. 10. Similarly in E.Michaeal Raj vs. Intelligence Officer, Narcotic Control Bureau-((2008) 2 Supreme Court Cases (Cri) 558), the Supreme Court was concerned with the seizure of contraband to the extent of 4.07 Kg, but the Court found on facts that the purity of heroin was 1.4% and 1.6% respectively in two samples. Therefore, the Court found that the quantity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the entire weight could be taken into account for the purpose of determining whether what was in possession of the accused was small quantity or of commercial quantity. This according to the learned Senior counsel, amounts to making a non-drug, a drug under the Act. Since the notification of a drug or a substance as a Narcotic Drug or Psychotropic Substance, is purely a Legislative function, the learned Senior counsel contended that the impugned Notification, which was executive in nature, in fact, trenched upon the Legislative functions of the State. 13. In other words, the impugned Notification is assailed by the learned Senior counsel as ultravires the provisions of the Act. Alternatively it is submitted that the power conferred by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Note No.4 inserted by the impugned Notification says is that the quantities shown in columns 5 and 6 of the table relating to the respective drugs shown in Column 2 shall apply to the entire mixture or any solution or anyone or more narcotic drugs or psychotropic substances of that particular drug in dosage form or isomers, esters, ethers and salts of these drugs. It includes salts of esters, ethers and isomers, wherever existence of such substance is possible and not just its pure drug content. We do not find the Notification to be either Legislative in nature or to be suffering from any excessive delegation. Once the Parliament thought fit to delegate the function of identifying 'small quantities' and 'commercial quantities& ..... X X X X Extracts X X X X X X X X Extracts X X X X
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