A bench of Chief Justice G Rohini (since retired) and Justice Jayant Nath upheld the inclusion of Ketamine in the list of regulated drugs on the ground that it was being abused in South-East Asian countries and there were also complaints about its trafficking in India.
The court observed that both the Commission on Narcotic Drugs and the International Narcotics Control Board, a body which monitors implementation of United Nations International Drug Control Conventions, have recommended curbing the abuse and diversion of the drug for non-medical use.
In his plea, he has challenged the Centre's February 10, 2011 notification by which Ketamine was included in the list of psychotropic substances.
He had also challenged the consequential notification of June 21, 2011, which had specified that 'small' and 'commercial' quantities of Ketamine could result in penal action under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
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While rejecting his plea as devoid of merit, the bench said there was enough material with the government to show trafficking of Ketamine.
As per the NDPS Act, the central government is empowered to add to the list of regulated psychotropic substances.