THAKOR HIRAJI SAGTHAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Whether right to consume Poppy Capsule can be said to be part of rights under Article 21 of the Constitution; whether the impugned Resolution dated 05th May, 2015 is liable to be ruled as violative of such right; whether the Resolution is illegal on the ground that the same is de hors any statutory powers, and whether it is bad in law on the contention that it renders the Gujarat Poppy Capsules Rules, 1963 as redundant. These and the incidentals are the questions arising to be addressed in the present petitions.

(2.) What is prayed by the six petitioners, by invoking the jurisdiction of this Court under Article 226 and asserting rights under Articles of 14 and 21 of the Constitution, is to set aside Resolution dated 05th May, 2015 of the Home Department, Government of Gujarat. Under the impugned Resolution, the governmental authorities have prohibited and discontinued the supply of Poppy Capsules with effect from 01st April, 2016.

(3.) For lodging the challenge as above, it is the case of the petitioners that they have been consuming Poppy Capsules since last more than 10 years under the Poppy-1 permit issued by the second respondent-Director of Prohibition & Excise, and the third respondent-the Sub Inspector, Prohibition & Excise. Such permit is issued under Gujarat Poppy Capsule Rules, 1963. Petitioners claim that they regularly consume the poppy capsules under the permit. It is claimed that in the entire State there are as many as 6786 permit holders. It is the case of the petitioners inter alia that they want Poppy Capsules and that their consumption use of the same is for medicinal purpose. What is contended in the pleadings in the petition, in relation to the above aspect that the petitioners require Poppy Capsules for consumption, that the impugned Resolution is passed with a view to give benefit to the private stakeholders engaged in the business of manufacturing and selling of the drugs. They also contend that because of the prohibitory nature of the Resolution, the petitioners would have to incur a huge amount for purchasing the Poppy Capsules.