DHARMINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned Single Judge of this Court has referred the present petition to the Larger Bench to examine the following question vide order dated 18.05.2011:-

(2.) The said question has been raised in view of the judgment of Hon'ble Supreme Court reported in E.Micheal Raj v. Intelligence Officer, Narcotic Control Bureau, 2008 5 SCC 161, wherein it was observed that percentage of salt for contraband has been taken in consideration and not the whole of the contraband. The said question arises in view of the notification dated 18.11. issued by the Ministry of Finance ( Department of Revenue) amending notification dated 19.10.2001 which inserted table specifying small and commercial quantity of the contrabands. By such amendment, the whole of the contents of contraband is required to be taken into consideration for determining the commercial quantity and not the content of salt contained therein. The reference order makes reference to the notification dated 13.7.2010, which is an inadvertent mistake. The notification dated 18.11.2009 reads as under:

(3.) The question raised has already been decided by a Division Bench of this Court in Criminal Misc. No. 35827 of decided on 26.05.2011 titled Amarjit Singh Vs. State of Punjab, wherein it was held that the entire mixture is to be taken into consideration from the date of publication of the notification dated 18.11.2009 and that the said notification is not retrospective. It has been held as under:-