COURT ON ITS OWN MOTION Vs. UNION OF INDIA

JUDGEMENT

(1.) In exercise of power conferred by Section 395 (2) of the Code of Criminal Procedure, the Special Judge (under NDPS Act), West Tripura, Agartala has made the reference for opinion of this court whether the clause (viiib) of Section 2 can be read in Section-27A in place of the clause (viiia) of Section 2. The reference as formulated by the Special Judge reads as under:

(2.) Whether present clause (viiib) of Section 2 can be read in Section-27 A of the NDPS Act in place of the clause (viiia)? The reference has to be understood in the perspective of the legislative change. Section 27-A reads as follows:

(3.) Sub-clause (viiia) of Section 2 of the NDPS Act was amended, re-lettered and relocated at the clause (viiib) of Section 2 of the NDPS Act by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 which came into effect from 01.03.2014. By the said amendment, Section-2 (viiia) has been re-lettered as: