VidhiSangh

Supreme Court of India · 03/07/2017

HIRA SINGH & ANR. versus UNION OF INDIA & ANR.

[2017] 7 S.C.R. 271 · 2017 INSC 583

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

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

  1. Whether E. Micheal Raj required reconsideration and whether total mixture weight or pure drug content governed quantity-based punishment.
  2. Whether the Central Government could introduce the challenged Note 4 through notification.

Held

Result

Registry directed to place matters before the Chief Justice for a bench of at least three judges; merits left for that bench.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 271.