- (1.) The notices were directed to be issued to the respondents. The Office report states that notices have been served on all the respondents. The respondent Nos. 1, 4 and 5 are presented by Shri B.S. Chhaba, Assistant Solicitor General, Government of India. They have also filed a counter affidavit. By this writ petition, filed in public interest, to protect the health of the citizens of the State of Rajasthan and of the neighbouring States, the petitioner has prayed for a direction to set aside the Policy dated 24.02.2015 of the State of Rajasthan, and to quash the notices for renewal of licenses for free sale of Lanced Poppy Heads (LPH) (Poppy Straw) by the wholesalers and retailers in the State of Rajasthan, dated 25.02.2015. The petitioner has also prayed for a direction to the respondent Nos. 4 and 5 to implement conditions of license to see that LPH is ploughed back into the fields, and for any other appropriate order or direction.
(2.) It is submitted that after the enforcement of the Narcotic Drugs & Psychotropic Substance Act, 1985 (for short, 'the Act of 1985'), the Central Government has been issuing directions under Section 74A, to carry out the execution of the provisions of the Act of 1985, which are mandatory for the State Government for compliance. On 30.11.2009, the Central Government, in exercise of powers under Section 74A of the Act of 1985, issued detailed directions for licencing and permitting the possession, transport, import interstate, export inter-state, warehousing, sale, purchase, consumption and use of poppy straw. The Central Government referred to Section 4 of the Act of 1985 and Section 74A, and a report of an Expert Committee comprising the Drugs controller General of India; the Narcotics Commissioner; Doctors from the All India Institute of Medical Sciences, Delhi, Post Graduate Institute of Medical Education and Research, Chandigarh, Ram Manohar Lohia Hospital, Delhi; representatives of the State of Utter Pradesh, Madhya Pradesh, Rajasthan and Punjab, constituted to examine whether providing poppy straw to addicts can be regarded as a medical use in terms of Section 8 of the Act of 1985. The Committee was also required to examine any other consequential issues. The Expert Committee had made recommendations that the provision of poppy straw to addicts was not a medical necessity. It also indicated that the levels of use of poppy straw noticed can hardly be regarded as compulsive, denial of which would cause acute withdrawal symptoms causing irreparable damage to the patient. It was found that 5 to 8 kg of poppy straw per month was being supplied to addicts in Madhya Pradesh and Rajasthan, and such a large dosage is likely to lead to spread of addiction. It was also found that medical use presupposes a prescription by an authorized medical authority in which dosage and frequency are clearly prescribed and found that the manner and use of poppy straw in the States was not under medical supervision. After examining the comments of the State Governments, directions were issued by the Central Govt. under Sec. 74A of the Act of 1985, to the State Governments of Andhra Pradesh, Delhi, Gujarat, Haryana, Madhya Pradesh, Maharashtra, Meghalaya, Nagaland, Orissa, Punjab, Rajasthan, Tripura, Uttar Pradesh and West Bengal, relating to licence/permit activities for poppy straw as follows:- "a) A nodal officer should be designated to deal with all matters pertaining to poppy straw. b) All existing addicts of poppy straw may be registered for proper medical care. c) On the basis of the registrations and the quantities declared by the addicts and after consulting medical and other experts, the nodal officer shall determine the total quantity of poppy straw required for each addict and the entire State. d) The quantity of poppy straw to be provided to the addicts should be progressively reduced so as to ensure that after a certain period of time, there are no addicts requiring poppy straw. e) Stringent conditions should be imposed for supply of poppy straw to addicts so as to ensure that they are in accordance with NDPS Act/Rules framed thereunder. f) Poppy straw should be allowed to be purchased only from licitly cultivated crops. g) The licences issued for purchase and sale of poppy straw, etc. shall specify the quantity that can be purchased or sold. h) The total quantity of poppy straw licenced to be purchased and sold in any district shall not exceed the total requirement of poppy straw of drug addicts and any scientific requirement of poppy straw in the district. i) All poppy straw which remains unutilised shall be destroyed and a certificate to the effect and an annual report for every calender year as at ANNEX to this order shall be sent by the nodal officer of the State to the Narcotic Commissioner, 19, The Mall Morar, Gwalior (M.P.)-474086 (Fax:0751-2368111) by June of the following year."
(3.) So far as the States of Rajasthan, Madhya Pradesh and Uttar Pradesh are concerned, para-7 of the Policy, dated 30.11.2009, provided that these State shall adopt strict checks and measures to prevent smuggling of poppy straw, opium and other Narcotic Drugs to the neighbouring States.;