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2017 (4) TMI 574 - HC - Indian LawsPenal provisions of the NDPS Act - 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 - Held that:- The word "and" appearing in between clause (a) and clause (b) of Section 3 of NDPS Act should be read as "or" and the two clauses need to be given a disjunctive reading so as to give effect to the intention of the legislature lest sub-section 3(a) would be rendered otiose. The law is well settled that while considering the validity of the delegated legislation, the scope of judicial review is limited. The interference would be warranted only if it is shown that the statutory authority failed to exercise the power conferred within the four corners of the specific provision contained in the relevant statute under which the power is conferred or where the power was exercised on grounds which were not germane or relevant to the policy and purpose of the Act or where it was made on grounds which were mala fide. We have already held that the word "and" appearing in between clause (a) and clause (b) of Section 3 of NDPS Act should be read as "or" so as to give effect to the true intention of the legislature. We have also taken note of the fact that both CND and INCB recommended to put in place appropriate control measures to address the growing problem of Ketamine abuse and diversion to illicit channel for non-medical use. We are also satisfied that there is enough material before the Respondent with regard to trafficking of Ketamine. That being the case, Section 3(a) of the NDPS Act has been satisfied and the Respondent cannot be held to have exceeded the power conferred thereunder in issuing the impugned Notification dated 10.02.2011. Consequently, the challenge to the Notification dated 21.06.2011 which specifies the ‘small’ and ‘commercial’ quantity of ‘Ketamine’ for the purpose of penal provisions of the NDPS Act does not survive.
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