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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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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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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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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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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.

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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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