2016 CRI. L. J. (NOC) 193 (KAR.) ::2016 (1) AKR 455 ::(2016) 2 AllCriLR 938 ::(2016) 2 KCCR 1265

Karnataka High Court

Hon'ble Judge(s): Mohan Shantanagoudar, Budihal R. B , JJ

(A) Narcotic Drugs and Psychotropic Substances Act (1 of 1986) S. 21 (c), 2 (viia), 2(xxiiia) — Notification No 2491 E 51-18-11-2009 — Validity — Small quantity and commercial quantity — Preparation of mixture of narcotic drug and neutral substance — Quantity can be specified by Central Govt — Notification D/- 18-11-2009 is thus valid {" The word ' œcannabis (hemp)' ‌ as defined under Section 2(iii) of the NDPS Act, means the ' charas— , is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish. The said definition further makes it clear that the ' cannabis (hemp)— means any mixture, with or without any neutral material, of any of the froms of cannabis mentioned in the said definition or any drink prepared therefrom. Thereore, the word ' œpreparation' ‌ includes reference to a mixture of one narcotic drug with a neutral material. Thus it becomes clear that the Central Government has been given power to specify the quantity of this ' preparation— or mixture of narcotic drug and a neutral substance. Hence, the Central Government has power to specify the quantities in with reference to the entire mixture and not just its pure drug content. The judgment of the Supreme Court in AIR 2008 SC 1720 was rendered while interpreting 2001 notification. Subsequently, notification of the year....