PRAKASH KESHAV SHRIDHANKOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner herein has been chargesheeted under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. A charge has already been framed against the Petitioner alongwith some others. The Petitioner by this application filed under Section 482 of the Criminal Procedure Code seeks to quash the proceedings against him. The, matter was initially placed before a Single Judge as per the Rules of this Court. The Learned Single Judge on hearing the matter by his Oral Order dated 23rd, July 1996 had framed four questions for consideration as the questions were not covered by any direct authority of the Apex Court or this Court and the questions involved were of some importance the same should be decided by Division Bench and accordingly placed the matter before the Honourable the Chief Justice who has referred the matter to a Division Bench. That is how the matter has been placed before us.

(2.) THE four questions which have been referred are as under :-

(3.) WITH these facts before us, the questions referred to can now be dealt with. In respect of the first question, admittedly the State Government has issued a Notification under Section 42(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"). It is, however, the contention of the learned counsel for the Petitioner that in so far as Section 67 of the NDPS Act is concerned a separate notification is required and the Notification issued under Section 42(1) will not suffice. It is his contention that the express language of Section 67 shows, that a separate Notification is required. It would be worthwhile to produce Section 67 of the NDPS Act, which reads a s under :-