Lawstreet Journal

Centre's Drug Definition challenged in Delhi High Court

Lawstreet Journal 20 Jan 2022 9:34pm

Image courtesy: Lawstreet Journal Judiciary Centre's Drug Definition challenged in Delhi High Court

The Delhi High Court issued a notification to the Centre on a petition challenging 2 notifications expanding the definition of drugs under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. 

The petition by one Rajeev TM argued that the Centre issued two notifications, in 2001 and 2009, under Sections 2 (viia) and 2 (xxiiia) of the NDPS Act, effectively creating a new category of offence by penalising the preparation of a drug at par with the drug itself.

The notifications seek to classify a new category of drug users based on the total weight of the drug (including the weight of neutral material) and not on the weight of the pure drug content which should have been the correct indicator of whether a quantity is a commercial quantity or small quantity intended for personal consumption. 

The petitioner contended that the NDPS Act requires only the pure narcotic drugs/psychotropic substances to be considered for determining quantities, and therefore the notifications are wrong.

The notifications violate Articles 14 and 21 of the Constitution, and have been issued by the government more than the conferred authority while being ultra vires of the NDPS Act, and should thus be quashed, it was prayed.

Continue Reading...

Tagged: NDPS  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0

C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail