- (1.) We have heard learned counsel appearing for the parties.
(2.) The State of Rajasthan has filed a reply stating therein that the licenses were given for sale of Lanced Poppy Heads (LPH) under the Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985. Rule 33 provides for issuing license. Rule 34(1) provides for sale of Lanced Poppy Heads required by Rule 32 in two classes, namely, license in Form NDPSL-7 for the wholesale vend of Lanced Poppy Heads; and (b) license in Form NDPSL-8 for the retail vend for Lanced Poppy Heads. Sub- rule (2) provides that the number of license for sale of Lanced Poppy Heads by wholesale or retail shall be fixed from time to time for each area by the Commissioner of Excise and shall be disposed of by auction by the District Excise Officer or tender by the Commissioner of Excise in accordance with the procedure prescribed for auction/tender of country liquor licenses in Chapter VII of the Rajasthan Excise Rules, 1956. The license under Rule 35 has to be issued for a period of one year not exceeding beyond the 31st March of the next year. Rule 36 provides for revocation of license. Rule 38 provides for the excise duty on Lanced Poppy Heads, which at present is Rs.35 per kg.
(3.) It is submitted by Shri Rajendra Prasad, Additional Advocate General and Shri R.B.Mathur for the State Excise Department that Rule 44 provides for medical exemption. A permit is to be issued in accordance with the provisions of Rule 44. Under Rule 45, the Medical Officer examines the applicant on his application and under sub-rule (iii), the Medical Officer after examining the applicant and after taking into consideration the provisions of the Rules, records his opinion clearly and explicitly in Form 'I' as to whether the applicant is required to use Lanced Poppy Heads as a medical necessity. Such a license shall only be granted to addicts who would suffer from irreparable damage from the withdrawals of the Lanced Poppy Heads if these are not made available to them. The sale by the retailer under a license is only to a person holding a permit in Form-'I' issued by the Medical Board or Medical Officer, as the case may be in the manner provided in Rule 45, provided he is more than 21 years old and does not hold a similar permit or registration card for opium immediately prior to the date of application in any part of India. No permit shall be granted to a person who so applied for a permit alongwith Medical Certificate after 60 days.;