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    Bombay High Court Order On Aditya Barthakur's PIL

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    The Quint
    Pune-based lawyer Aditya Barthakur moved the Bombay High Court with a PIL , contending that the criminalisation of cannabis use by the Narcotics Drugs and Psychotropic Substances (NDPS) Act violated citizens’ fundamental rights and other constitutional principles. On 4 September, the court dismissed the PIL, stating that it didn’t have the powers to grant the reliefs demanded. Significantly, the court also expressed its inability (due to lack of expertise), to deal with technical arguments such as the beneficial and therapeutic uses of ganja , and instead suggested that Parliament is best suited to take any decision in this matter.

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    Bombay High Court Order On Aditya Barthakur's PIL

    Uploaded by

    The Quint
    281 views3 pages
    Pune-based lawyer Aditya Barthakur moved the Bombay High Court with a PIL , contending that the criminalisation of cannabis use by the Narcotics Drugs and Psychotropic Substances (NDPS) Act violated citizens’ fundamental rights and other constitutional principles. On 4 September, the court dismissed the PIL, stating that it didn’t have the powers to grant the reliefs demanded. Significantly, the court also expressed its inability (due to lack of expertise), to deal with technical arguments such as the beneficial and therapeutic uses of ganja , and instead suggested that Parliament is best suited to take any decision in this matter.

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    Bombay High Court order on Aditya Barthakur's PIL

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    Pune-based lawyer Aditya Barthakur moved the Bombay High Court with a PIL , contending that the criminalisation of cannabis use by the Narcotics Drugs and Psychotropic Substances (NDPS) Act violated citizens’ fundamental rights and other constitutional principles. On 4 September, the court dismissed the PIL, stating that it didn’t have the powers to grant the reliefs demanded. Significantly, the court also expressed its inability (due to lack of expertise), to deal with technical arguments such as the beneficial and therapeutic uses of ganja , and instead suggested that Parliament is best suited to take any decision in this matter.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    281 views3 pages

    Bombay High Court Order On Aditya Barthakur's PIL

    Uploaded by

    The Quint
    Pune-based lawyer Aditya Barthakur moved the Bombay High Court with a PIL , contending that the criminalisation of cannabis use by the Narcotics Drugs and Psychotropic Substances (NDPS) Act violated citizens’ fundamental rights and other constitutional principles. On 4 September, the court dismissed the PIL, stating that it didn’t have the powers to grant the reliefs demanded. Significantly, the court also expressed its inability (due to lack of expertise), to deal with technical arguments such as the beneficial and therapeutic uses of ganja , and instead suggested that Parliament is best suited to take any decision in this matter.

    Copyright:

    © All Rights Reserved
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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY


    CRIMINAL APPELLATE JURISDICTION

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    (CrPIL 18 of 2015)

    CRIMINAL PUBLIC INTEREST LITIGATION No. 18 OF 2015

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    h

    Aditya Barthakur
    ...Petitioner
    Vs.
    Department of Health and
    Family Welfare and Ors.
    ...Respondents
    ***********
    Mr.Aditya Barthakur -Petitioner in person present
    Ms.Rebecca Gonsalves for Respondent Nos.1,2, 5, 8 and 10
    Ms. Hina Shah for Respondent No.4
    Ms. Rajshree Gadhvi -AGP for Respondent No.9
    ***********

    CORAM : V. M. KANADE &


    Dr. SHALINI PHANSALKAR-JOSHI, JJ.
    : SEPTEMBER 4, 2015

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    DATE
    P.C. :

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    1.

    By this petition, which is filed in the form of PIL under Article 226

    of the Constitution of India, the Petitioner is seeking the following

    reliefs:
    (a)

    That the Hon'ble Court be pleased to allow this Public

    Interest Litigation.
    (b)

    The Hon'ble Court be pleased to declare, the defining

    and penal provisions, in relation to Cannabis, of The Narcotic


    Drugs and Psychotropic Substances Act, 1985, and inclusion
    of Cannabis in Schedule I, Entry (2) of The Narcotic Drugs
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    - 2 (CrPIL 18 of 2015)

    Specifying Small

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    Cannabis at Sl. No.23 in Notification

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    and Psychotropic Substances Act, 1985, and inclusion of

    Quantity and Commercial Quantity, dated 19.10.2001,


    published in the

    Gazette of India, for the purposes of

    Section 2 (viia) and 2(xxiiia) of The Narcotic Drugs and

    Psychotropic Substances Act, 1985, and, inclusion of

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    h

    Cannabis in National Policy on Narcotic Drugs and


    Psychotropic Substances, as being unjust, and, ultra vires,

    (c)

    the provisions of Constitution of India, 1950, and,


    The Hon'ble Court be pleased to direct, the defining

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    y

    and penal provisions, in relation to Cannabis, of The Narcotic


    Drugs and Psychotropic Substances Act, 1985, and inclusion
    of cannabis in Schedule I, Entry (2) of The Narcotic Drugs

    om

    and Psychotropic Substances Act, and 1985, and inclusion


    of Cannabis at SI.No.23 in Notification Specifying

    Small

    Quantity and Commercial Quantity, dated 19.10.2001,


    published in the Gazette of India, for the purposes of Section
    2(viia) and 2 (xxiiia) of The Narcotic Drugs and Psychotropic
    Substances Act, 1985, and, inclusion of Cannabis in National
    Policy on Narcotic Drugs and Psychotropic Substances, be
    suitably amended for being, unjust, and, ultra vires, the
    provisions of Constitution of India, 1950 and,

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    - 3 (CrPIL 18 of 2015)

    That as an interim relief the operation of every

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    (d)

    Psychotropic

    Substances

    Act,

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    provision in relation to Cannabis in The Narcotic Drugs and


    1985,

    and

    Notification

    Specifying Small Quantity and Commercial Quantity, dated

    19.10.2001, contravention of which is a unjustified penal


    offence, be suspended until the final hearing and disposal of

    (e)

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    this Public Interest Litigation; and

    The Hon'ble Court be pleased to pass any other just

    We are afraid that this Court while exercising its writ jurisdiction

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    2.

    and equitable order in the interest of justice.

    under Article 226 of the Constitution of India cannot grant the reliefs
    which are claimed by the Petitioner. Apart from that, the Petitioner has
    produced certain technical data regarding useful effects of Ganja etc.

    om

    We are afraid that we are not experts in the field and the Petitioner
    can raise this issue in the Parliament which he has raised in this PIL

    and hence, we are not in a position to entertain this PIL. Hence, the
    PIL is dismissed.

    [Dr. SHALINI PHANSALKAR-JOSHI, J.]

    [ V. M. KANADE, J.]

    Vaishali Tikam

    CERTIFICATE
    Certified to be true and correct of the original signed Order.

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