CHHAGANBHAI AMARSINHBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) An interesting question arises in the present intra Court appeal filed by the appellants M/s. Chhaganbhai Amarsinhbhai Parmar and Ors. trader and consumers aggrieved by the judgment and order dated 28.4.2016 of the learned Single Judge dismissing the writ petition filed by the appellants.

(2.) The appellants-writ petitioners claimed in this Special Civil Application that "Poppy Capsule" is not "Poppy Straw" and, therefore, the Central Government as well as the State Government could not ban the consumption of the "Poppy Capsule" under Section 74A of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for short) and the relief was claimed by the petitioners on the anvil of Article 19(l)(g) and 21 of the Constitution of India namely, Freedom of Life and Freedom of Trade.

(3.) The bone of contention raised by Mr.P.J.Kanabar, the learned counsel for the appellants is that "Poppy Capsule" is not a Narcotic Substance and is not covered by the definition of Narcotic Drugs under Section 2(xiv) which includes only coca leaf, cannabis (hemp), opium, "Poppy Straw" and all manufactured drugs out of such substances and since "Poppy Capsule" is not mentioned in the said definition it is not so covered. It was also urged on behalf of the appellants that Gujarat Poppy Capsule Rules, 1963 defined "Poppy Capsule" and accordingly to Rule2(1) of these Rules "Poppy Capsule" (Papaver Somniforum L) includes Poppy which has been lanced and dried and from which juice has been extracted they are either in their original form or cut, crushed or powdered form.