Bombay

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(CrPIL 18 of 2015)

vatIN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL PUBLIC INTEREST LITIGATION No. 18 OF 2015

Aditya Barthakur ...Petitioner Vs.

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

CORAM : V. M. KANADE & Dr. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : SEPTEMBER 4, 2015

P.C. :

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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Bombay

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(CrPIL 18 of 2015)

and Psychotropic Substances Act, 1985, and inclusion of

Cannabis at Sl. 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, as being unjust, and, ultra vires,

the provisions of Constitution of India, 1950, and,

(c) The Hon'ble Court be pleased to direct, 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

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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(CrPIL 18 of 2015)

(d) That as an interim relief the operation of every

provision in relation to Cannabis in The Narcotic Drugs and

Psychotropic Substances Act, 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

this Public Interest Litigation; and

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

and equitable order in the interest of justice.”

2. We are afraid that this Court while exercising its writ jurisdiction

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.

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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