That the challenge in the present appeal is to the impugned notification
dated 18.11.2009 issued by the Central Government in exercise of the powers
conferred ... directing
the inclusion of the “neutral substance” in it. Therefore, the notification dated
18.11.2009 is liable to be declared ultra vires and be struck down
bail application of the
petitioner vide its order dated 11.06.2011 while relying upon the
notification dated 18.11.2009.
5. CRM-M-19686-2011
The allegations contained ... terms of entry
no.58 in the notification dated 14.11.1985, but after issuance of the
notification dated 18.11.2009, since the entire mixture or solution
Notification dated 19.01.2011
and the alleged Note 4, added to this notification vide the subsequent
notification dated 18.11.2009, are read as it is, still these ... case revolves around certain
provisions of the NDPS Act , Notification dated 19.11.2001, Notification
dated 18.11.2009; as well; as certain judgments
quantity or commercial quantity. To
nullify the effect of said judgement, notification dated 18.11.2009,
Annexure P-3, has been issued by the Central Government, which ... Parliament, at
the time of issuance of the impugned notification dated 18.11.2009,
commenced on 19.11.2009, which continued even beyond
18.12.2009 but the said notification
quantity or an intermediate quantity. It was submitted that the
impugned notification dated 18.11.2009 issued by the Central Government
went beyond the provisions ... dated 19.10.2001. The said notification, to the extent relevant, as it stood
prior to issuance of the impugned notification dated 18.11.2009, reads as
under
prospective effect, which
means the notification dated 18.11.2009
operates from the date of said notification "
11. Even similar issue has also come up before ... 2942(E) dated 18.11.2009
and Notification S.OI 1055(E) dated
19.10.2001;
(IV) Challenge to Notification dated
18.11.2009 adding "Note
Section 2 of the Act.
10. With regard to the notification dated 18.11.2009, the
learned counsel for the petitioner would argue that the said notification ... Supreme Court which
resulted in the issuance of notification dated 18.11.2009. Though,
this Court is not going into the constitutional validity of this
notification since
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:
" MINISTRY OF FINANCE ... 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
2942(E) dated 18.11.2009 and Notification S.O 1055(E)
dated 19.10.2001;
(IV). Challenge to Notification dated 18.11.2009 adding "Note ... aforesaid
notification stand dismissed.
8. Note No.4 of the Notification specifying small quantity and commercial
quantity was brought by amendment dated 18.11.2009. The Supreme
2942(E) dated 18.11.2009 and Notification S.O 1055(E)
dated 19.10.2001;
(IV). Challenge to Notification dated 18.11.2009 adding "Note ... aforesaid
notification stand dismissed.
8. Note No.4 of the Notification specifying small quantity and commercial
quantity was brought by amendment dated 18.11.2009. The Supreme
