Summary
This July 2017 order referred the NDPS mixture-quantity controversy and challenge to the 2009 notification to a bench of at least three judges. The Court identified significant provisions not considered in E. Micheal Raj but treated that coordinate-bench interpretation as binding pending authoritative reconsideration. It did not finally decide the notification’s validity or the quantity rule.
Issues
- Whether E. Micheal Raj required reconsideration and whether total mixture weight or pure drug content governed quantity-based punishment.
- Whether the Central Government could introduce the challenged Note 4 through notification.
Held
- The earlier interpretation of Section 21 bound this coordinate bench. Omission to consider entry 239, Note 2 and the interaction of other statutory definitions raised questions warranting a larger bench rather than an immediate merits departure. (¶ 8–11)
- The reference included reconsideration of E. Micheal Raj, the notification’s effect on offence/punishment parameters and delegated power, treatment of the mixture as a preparation, and Section 21’s relationship to other provisions. Parties could seek reformulation or additional questions. (¶ 12–14)
Result
Registry directed to place matters before the Chief Justice for a bench of at least three judges; merits left for that bench.