Flagging rise in drug abuse in CG, HC rejects PIL on hemp cultivation
The court observed that the petition, filed by Dr Sachin Ashok Kale, appeared to have a "personal gain, private motive and oblique motive" and was an attempt to gain permission for commercial transactions of cannabis products. Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, while hearing the petition, noted the significant increase in the consumption of narcotic and psychotropic substances across Chhattisgarh in recent years.
The bench said that such consumption has "evil effects on the body and mind of the person consuming it, but it ruins the entire family and society as well."
The court emphasised that offences related to contraband and psychotropic substances are on the rise in the state, with numerous instances of crimes committed by individuals under the influence, leading to incarceration and hardship for their families. "Courts cannot direct the govt to make policy decisions, particularly in sensitive areas like narcotic control," the order stated, adding that the petition amounted to a "misuse of judicial process," the division bench said.
Dr Kale, appearing in person, argued that industrial hemp, with its low tetrahydrocannabinol (THC) content (0.3 to 1.5%), is not psychoactive and has various industrial, medical, and environmental benefits. He cited permissions for hemp cultivation in other states like Uttarakhand and Himachal Pradesh, as well as its historical and cultural significance in India.
He also referred to the Food Safety and Standards Authority of India (FSSAI) notification regarding hemp seed and oil, and the ministry of ayush guidelines for hemp oil in medicines.
The petitioner contended that the Narcotics and Psychotropic Substances (NDPS) Act, 1985, permits mass cultivation of hemp for horticultural and industrial uses, but the Chhattisgarh govt has not framed rules to facilitate its medical or industrial use. Opposing the petition, the state govt's advocate, Sangharsh Pandey, argued that the PIL was an attempt by the petitioner to secure permission for cannabis cultivation and commercial transactions.
The high court, in its order, reiterated the importance of preserving the "purity and sanctity" of PILs, stating that genuine public interest litigations must be encouraged while discouraging frivolous ones. The bench cited previous Supreme Court judgments on the misuse of PILs, highlighting that courts should verify the credentials of petitioners and ensure the PIL aims to address genuine public harm or injury, without personal gain or ulterior motives.
The court stated, "Under the garb of this public interest litigation petition, this court cannot encourage any such activity nor issue any direction to the State, which may turn to be a disaster in future. The reasons assigned by the petitioner to permit cultivation of cannabis in the state of Chhattisgarh is totally frivolous and baseless." The bench concluded that Dr Kale lacked locus standi and the petition was not a genuine public interest litigation. It observed that courts cannot direct govts to make policy decisions, particularly in sensitive areas like narcotic control, which fall within the domain of the legislative and executive branches. HC also noted that cannabis cultivation is generally prohibited under the NDPS Act, except for specific permitted purposes with govt authorisation.
HC dismissed the petition and forfeited the security amount deposited by the petitioner.
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