BURNING BRAIN SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Public Interest Litigation, the main anxiety and concern of the petitioner is regarding unregulated sale and supply of drug like 'Nicotine' with ancillary prayers for issuance of directions to respondents No. 2 and 3 to register First Information Report and initiate criminal proceedings against all establishments providing drug like 'Nicotine' for inhalation and/or oral consumption, directions to respondents No. 1, 2 and 4 to seize all the stock available anywhere in Chandigarh or elsewhere and get the sample of material tested at the Central Drug Laboratory, Food Testing Laboratory and at such other places where the complete constitution, flavouring agents and adulterants with regard to the consumption of the product as a drug or food can be ascertained. It is alleged in the petition that Nicotine is a poisonous drug, also known by chemical name of C10H14 NO2. In its extracted form, it is clearly oily liquid turning yellowish-brown after coming into contact with air and is distinguished by pungent odour and extracted from dried leaves of Nicotine tabacum, and Nicotine rustica. It is also alleged that the sale, supply, import, manufacturing and trade of Nicotine can be done through a proper licence obtained under the Drug and Cosmetic Act, 1940 and other laws in force and the only exemption for sale of Nicotine without license is provided in "Schedule K" of "Drugs and Cosmetic Rules, 1945" as item No. 33 wherein the extent of exemption is to the limits of 2 mg of Nicotine and the exemption is only applicable to Nicotine Chewing Gums meant for de-addiction of tobacco addicts. The exemption is subject to the provisions of Chapter IV of the Drug and Cosmetic Act, 1940 and is applicable only if the Nicotine offered for sale is actually manufactured under a licence.

(2.) It is also alleged that 'the Insecticides Act, 1968' lists "Nicotine" as 'Nicotine Sulphate' as an insecticide in the Schedule made under Section 3(e) under the heading 'List of Insecticides'

(3.) The Manufacturer, Storage and Import of Hazardous Chemical Rules, 1986 made under the 'Environment (Protection) Act, 1986 also lists 'Nicotine' under the 'List of Hazardous and Toxic Chemicals' in Part-II of Schedule-I as item number 421.