Prior notification is essential under NDPS law; proceedings failed because the alleged substance was not covered at the offence date.

The HC held that criminal proceedings under the NDPS Act could not continue where the alleged material was not a notified psychotropic substance on the date of the offence. Catha Edulis was brought within the notified list only by a later notification, while the alleged conduct predated that notification. As the statutory coverage did not exist at the relevant time, the prosecution was unsustainable and the proceedings were quashed.

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Issues: Whether the criminal proceedings under the Narcotic Drugs and Psychotropic Substances Act, 1985 could be quashed on the ground that the material allegedly involved was not included as a psychotropic substance on the date of the alleged offence.

Analysis: The application invoked the inherent jurisdiction of the Court for quashing the proceedings arising out of offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Indian Penal Code. The decisive question was whether "Khat Leaves" had already been notified as a psychotropic substance when the prosecution was launched. The record showed that Catha Edulis was brought within the notified list only by Notification No. S.O. 821(E) dated 27th February, 2018, whereas the alleged offence predated that notification. In view of that position, the prosecution could not be sustained for an act which was not covered by the statutory notification at the relevant time.

Conclusion: The proceedings were quashed and the applicants were not liable to be prosecuted for the alleged offence on the stated facts.

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