VISHAL PURI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is facing trial before the Court of Additional Special Judge for NDPS cases, Sessions Court, Jalgaon District in DRIF. No. DRI/MZu/C/Inv-12/2013-14 has filed the present writ petition challenging the 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. The petition also seeks to challenge the consequential Notification dated 21.06.2011 specifying the 'small' and 'commercial' quantity of Ketamine as '10 gms' and '500 gms' respectively for the purpose of penal provisions under the Act.

(2.) The prayer in the writ petition reads as under:

(3.) It is pleaded that in relation to the seizure of 1195.2kg of 'Ketamine Hydrochloride', summons under Sec. 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') were issued to the petitioner by the Department of Revenue Intelligence. On 22.04.2014, he was produced before the Additional Chief Magistrate, Mumbai and was remanded to custody in District Jail, Jalgaon. Since then, the petitioner has been in custody.