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2017 (7) TMI 1427 - SC - Indian LawsConstitutional Validity of Notification issued by the Central Government bearing No. S.O.2941(E) dated 18.11.2009, amending Notification No. S.O.1055(E) dated 19.10.2001 - Insertion of Note 4 (four) in the table at the end of Note 3 (three) - HELD THAT:- Considering the significance of the issues raised by the respondents and the grounds of challenge of the appellants/petitioners concerning the impugned notification, to observe judicial rectitude and in deference to the mentioned decisions, it is directed that these matters be placed before atleast a three Judges Bench for an authoritative pronouncement on the matters in issue, which are of seminal public importance. The three Judges Bench may have to consider, amongst others, the following questions: (a) Whether the decision of this Court in E. Micheal Raj [2008 (3) TMI 674 - SUPREME COURT] requires reconsideration having omitted to take note of entry no.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? (b) Does the impugned notification issued by the Central Government entail in redefining the parameters for constituting an offence and more particularly for awarding punishment? (c) Does the Act permit the Central Government to resort to such dispensation? (d) 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? (e) Whether Section 21 of the Act is a stand alone provision or intrinsically linked to the other provisions dealing with “manufactured drug” and “preparation” containing any manufactured drug? The registry is directed to place the matters before the Hon’ble Chief Justice of India for seeking appropriate directions to place the matters before a larger bench.
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