Professional Documents
Culture Documents
to
Information
Act,
2005,
And
In the matter of Article 13 of
The Constitution of India,
And
In the matter of Article 21 of
The Constitution of India,
And
In the matter of Article 47 of
The Constitution of India,
And
In the matter of Article 226 of
The Constitution of India,
And
In the matter of entry 13 List I
Schedule
VII
of
The
Constitution of India,
And
In the matter of Article 253 of
The Constitution of India,
And
In
the
matter
Convention
on
of
Single
Narcotic
Psychotropic
Substances,
Illicit
Narcotic
Drugs
Psychotropic
1988,
Traffic
to
in
and
Substances,
which
India
is
And
In the matter of Section 8 (b)
of The Narcotic Drugs and
Psychotropic Substances Act,
1985,
And
In the matter of Sections 2 (iii)
and 2 (iv), 10(1)(a)(iii), 10(2)(b)
& 10(2)(d) of The Narcotic
Drugs
and
Psychotropic
Narcotic
Drugs
and
Narcotic
Drugs
and
And
In the matter of entry (vii) and
entry (x) in table U/s. 31A of
The
Narcotic
Drugs
and
(2)
Drugs
of
The
and
Narcotic
Psychotropic
and Commercial
published
of
India,
in
the
dated
the
matter
of
National
R/at: []
[]
[]
Pune [...]
}.Petitioner
V/s.
1.
2.
3.
5.
The Director-in-Charge,
6.
}
}
8.
Union of India
9.
State of Maharashtra
}..Respondents
7.
TO,
THE HONBLE CHIEF JUSTICE AND OTHER PUISNE JUDGES
OF THIS HONBLE HIGH COURT AT THE JUDICATURE AT
BOMBAY.
1.
requiring
answers
from
the
said
Ministry,
on
informing
the
petitioner
that
the
Right
to
complete
lack
of
professionalism,
technical
knowledge,
knowhow and sensitivity to the issue, i.e., if there are any ill
effects of consumption of Cannabis, on human body, on part
of the National Institute of Nutrition. The petitioner, therefore
states that the National Institute of Nutrition, has failed to
perform its duty as a Public Body, i.e., to provide the
petitioner with a satisfactory answer to a legitimate query.
Hereto annexed and marked as Exhibit - D colly is the
certified true copy of the reply dated 28.11.2014 by National
Institute of Health and Nutrition and printout of the website
National Highway Traffic Safety Administration of New Jersey
from where the said information was copy-pasted.
6.
in
the
Narcotic
Drugs
and
Psychotropic
8.
10
24.11.2014,
informing
the
petitioner
that
Law
thus
states
that
the
petitioners
Right
to
11
Application
date
is
wrongly
written
as
an
idle
ceremony,
as
the
public
authorities
12
argued
for
sometime,
seeks
leave
to
Legislative
Department-Ministry
of
Law
and
India
have
abdicated
from
their
responsibility
to
I.
13
a.
acts
for
redressal
of
public
injury,
and
upholding
constitutional
and
14
to
Information
Application
addressed
to
respondents.
c.
and
non-citizens
are
criminally
being
15
possession,
cultivation,
transportation,
provisions
of
The
Narcotic
Drugs
and
which
makes
possession,
cultivation,
16
i.
query,
and,
also
in
relation
to
the
nation.
The
petitioner
states
that
such
17
j.
the
unsatisfactory
replies
received
from
the
the
human
body,
unless
any
contrary
l.
18
n.
brings
along
with
this
Public
Interest
19
p.
q.
GROUNDS
I.
weed
(England),
marijuana
II.
a.
in
document
1893-94.
running
It
into
is
3000
voluminous
pages.
The
20
of
production
and
consumption
of
b.
under
the
orders
of
His
in
the
of
Resolution
India,
of
Finance
the
and
of
India
to
appoint
21
c.
22
no. 59,
the
report
observes
on
the
product
which
was
earliest
of
the
consumption,
drinking
most
viz.,
which
by
must
simple
style
pounding
have
of
and
preceded
e.
Vishnu,
the
preserver,
lives
in
the
23
'Bhangi,'
apparently
that
the
24
from
sin,
frees
him
from
the
or
Eight
Guardians
with
and
such evil-
25
fever.
longing
for
bhang
foretells
among
almost
all
the
higher
26
27
ceases
to
inflame.
The
Brahman,
sore-smitten
with
fever,
ordinary
medicine
can
cure.
The
digestion,
sharpens
appetite,
28
these
two
benefits
bhang
is
(January-February)
to
the
light
on
any
Monday,
(July-August)
especially
Mondays,
on
on all
29
fourteenth
of
Magh
(January-
Bhojaks,
Bhopis,
Bharadis,
30
spirits, not
of
bhang.
But
Banias,
to
Baladev,
unlike
the
special
ministrant
31
image
of
Shitaladevi.
So
for
the
religion.
straitest
school
Even
of
according
the
to
the
objectors
to
is
the
spirit
of
freedom
and
32
to
Allah
alone, the
North
Indian
33
34
To
bring
back
to
reason
an
35
the
devotee
of
the
Victorious,
f.
J.M.
overjoyed
Campbell,
and
also
foreigner,
stands
is
greatly
flabbergasted.
36
culture
in
those
days,
in
favour
of
Cannabis/Bhang/Ganja.
g.
h.
reasons,
or,
any
logical
reasons
whatsoever.
i.
The
petitioner
is
producing
herewith
the
plant
for
narcotics,
and
of
the
to
have
recourse
to
its
other
37
III.
a.
Drugs
and
Psychotropic
Substances
the
State
Governments
to
license
b.
been
alternate
extremely
medicine
limited,
such
as
and,
confined
homeopathy
to
and
c.
d.
38
i. State
Governments have
actually not
been
its
limited
proven
uses
for
medical
purposes, &
e.
IV.
a.
evidence
or
research
of
their
own.
39
i.
ii.
or
records;
taking
certified
samples of material;
iii.
obtaining
information
in
the
form
of
b.
c.
40
d.
e.
is
not
an
illusion,
with
paramount
f.
to
the
reply,
given
by
Legislative
g.
41
V.
public
authorities
to
give
satisfactory
and,
Cannabis,
all
the
the
medicinal
petitioner
has
benefits
of
produced,
in
the
contained
provisions
relating
in
Narcotic
The
to
Cannabis
Drugs
and
42
as
being
arbitrary,
and,
violative
of
2)
a.
Dadu
in
Tulsidas
Vs.
State
of
importance,
in
matters,
which
in
discharge
of
the
international
in
Narcotic
Drugs
and
Psychotropic
43
drugs
and
psychotropic
substances
offering,
sale,
offering
delivery
on
for
sale,
any
terms
to
narcotic
drugs
and
psychotropic
44
in S.P.
Sampath
Kumar
v.
Union
of
Rule of Law
which
review
is
an
integral
part
of
our
45
The
petitioner
states
that
from
the
above
the
relevant
provisions
relating
to
without
any
medical,
and,
or
is
in
derogation
and
silently
46
large,
with
an
imperative
necessity
to
be
c.
The
respondents
have
failed
to
d.
Cannabis
account
of
as
being
inconsistency
unconstitutional
with
on
fundamental
3)
47
a.
in
international
conferences,
b.
fundamental
rights
of
citizens,
as
Substances
Policy
on
Act,
1985,
and
Narcotic
Drugs
and
4)
48
Art. 21. Protection of Life and Personal Liberty:No person shall be deprived of his life or
personal
liberty
except
according
to
a.
b.
Substances
Act,
1985,
the
c.
d.
who
suffer,
in
relation
to
diseases
49
e.
f.
g.
h.
50
in
this
petition,
the
petitioner
has
i.
and
Justice
and
the
Asst.
Narcotics
5)
Art. 47. The State shall regard the raising of the level of
nutrition and the standard of living of its people
and the improvement of public health as among its
primary duties and, in particular, the State shall
endeavour
to
bring
about
prohibition
of
the
51
intoxicating
drinks
and
of
drugs
which
are
injurious to health.
a.
b.
reply of the
c.
disorders,
developing
alternative
safety
limits
of
environmental
and
diseases
like
cancer,
52
other
metabolic
mental
health
and
haematological
research
and
disorders;
drug
research
d.
National
Institute
of
Nutrition
and
their
VI.
species
which
also
includes
Cannabis
and
53
samples,
from
India
and
dubbed
the
the
cannabinoids,
THC,
CBD
and
CBN.
Doctor
of
Osteopathy,
Maine
Integrative
to
the
endocannabinoid
system
as
is
perhaps
the
most
important
54
VIII.
Cannabinoid Receptors:a.
Doctor
of
Osteopathy
Maine
Integrative
Healthcare, United States, who explains it as under:Cannabinoid receptors are present throughout
the body, embedded in cell membranes, and are
believed to be more numerous than any other
receptor system. When cannabinoid receptors are
stimulated, a variety of physiologic processes
ensue.
Researchers
cannabinoid
have
receptors:
identified
CB1,
two
predominantly
glands,
and
organs;
and
CB2,
true
copy
Introduction
to
the
IX.
a.
55
inflammatory
and
anti-convulsive
(anti-spasmodic)
Sunil
Kumar
Aggarwal,
M.D,
Ph.D,
Physican
X.
b.
56
c.
XI.
and
CBD,
extracted
from
the
cannabis
c.
XII.
every
cell
there
is
family
of
the
Sphingolipid
endogenous ceramide
(a
Rheostat.
signaling
If
metabolite
57
cell
death..
Bio-Chemist
is responsible
for
neuro-protection, and
micro-
XIII.
List
of
other
diseases
cured
by
Marijuana
Consumption:Sr.
Disease &
No
1.
Effects
Lung Function
Marijuana
A study published in Journal of
the American Medical Association
on 11th January 2012, found that
58
Tobacco
smokers
lost
lung
Epileptic
lung capacity.
A study published in Journal of
Seizures
the
active
ingredients
in
marijuana,
tetrahydrocannabinol (THC),
control seizures by binding to the
brain
cells responsible
controlling
3.
Dravet
excitability
for
and
regulating relaxation.
The doctors who recommended
Syndrome
Effects: causes
this
treatment
say
that
the cannabidiol in
the
plant
seizures and
severe
developmental
delays.
for
CNN
Special
Chemotherapy
herewith.
these
pain,
side
effects,
decreasing
59
nausea,
and
stimulating
the
for
CNN
his
Special
Alcoholism
Effects:
Alcoholism
involves
disruptions in the
endocannabinoid
system.
Exhibit Research
03rd
Journal,
shows
herewith.
in Harm
December
that
marijuana
Reduction
2009,
some people
as
less
use
harmful
of
the
most
common
6.
Cancer
Pacific
in
reported
cancer
from
researchers
California
Center
may
in
at
Medical
San
Francisco
13th
December
2012.
2. Cannabidiol
stops
cancer
Molecular
Therapeutics
September
on
2007,
Cancer
05th
found.
this
gene
than
non-
60
cannabidiol.
treatment
the
cells
After
had
Alzheimers
to
clearly
persons
functioning.
8.
Multiple
Sclerosis
09.
Leeuwenhoek's
Disease
the
attacks
almost
61
Effects:
Causes immediately,
as
it
calms
the
non-stop
abdominal
muscles
are
not
painful,
10.
but Colly
interfere
with
breathing
and
speaking.
Hepatitis
-C Infection
herewith.
October
2006
the European
study
Journal
in
of
Gastroenterology
and
patients
using
marijuana
helps
lessens
the
Inflammatory
bowel diseases
Liver
like Crohn's
Disease and
Ulcerative
Colitis
Diseases,
Chaim
Sheba
in
their
January
Treatment
on
the
62
Quality
of
Life,
Effects:
Clinical
Abdominal
Inflammatory
pain, vomiting,
Patients:
diarrhea, rectal
Study":-
bleeding,
severe
internal
region
in
the
of
the
prevalent
most
extra-
Pilot
in
Disease
Prospective
CD
intestinal
complication
Activity
Bowel
with
loss. Anemia is
the
Disease
and
cramps/muscle
spasms
Weight,
of
inflammatory
bowel disease.
in
activity
clinical
index
in
the
data
demonstrated a statistically
significant improvement in
almost
all
aspects
of
treatment
with
health
to
status,
perform
their
daily
63
reported
significant
statistically
physical
pain
of
our
complained
of
patients
any
side
was
statistically
significant improvement in
patients' ability to work after
treatment."
12.
Arthritis
The
study
conducted
in
09th
which
makes
statistically
improvements
significant
in
pain
on
Metabolism
of pain.
A study published on 16th May
2013 in the American Journal of
Medicine
suggested
that
pot
and
reaction
to
64
14.
Systemic Lupus
Ertyhematosus
attacking
for
some
unknown reason.
Nagarkatti,
and
Prakash
Xiaoming
Nagarkatti
Yang found
that
15.
Parkinson's
Disease
marijuana
reduces
pain
and
disease
patients.
in
the
CNN
Special
Post Traumatic
Stress Disorder
(PTSD)
Exhibit O Colly.
Naturally occurring cannabinoids,
similar to THC, help regulate the
system
that
causes
fear
and
65
17.
Brain Damage
Research
03rd
dated
from
the
Nottingham
December
University
shows
of
that
from
damage caused
by
cannabis.
Some
research
the
brain
traumatic
18.
events,
other
like
Brain Damage
concussions.
A study dated 19th August 2013,
caused by
Concussions and
Trauma
19.
after
Brain Tumours
helped
with
mechanisms
after
injury.
Specialists
at
a
St
healing
traumatic
Georges,
66
20.
HIV
Human
Immunodefici
ency Virus
immunodeficiency
virus
to
new
findings
b.
c.
67
states
documentary
for
that
he
educational
has
produced
reasons,
in
this
public
68
Todd
McCormick
was
two,
unfortunately,
mother
started
giving
him
medical
69
the
21-carbon
structure
typical
of
h.
70
as
seedless
female,
called
XIV.
a.
71
XV.
a.
b.
XVI.
Certain Parts of the World where Cannabis is Legal:A. The United States of America:-
72
i.
Michigan,
Minnesota,
Maryland,
Montana,
York,
Oregon,
Rhodhe
Island,
Vermont,
Washington.
The petitioner states that what is of great importance with regard
The United States of America, is the fact that it is a signatory to
the Single Convention on Narcotic Drugs, 1961, Convention on
Psychotropic Substances, 1971, & UN Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances, 1988, still
at the local level the Cannabis has been legalized for its medicinal
qualities.
C. Uruguay:-
i.
ii.
iii.
iv.
73
D. North Korea:
i.
F.
i.
Portugal:
with
small
cocaine
or
heroin
amounts
goes
of
marijuana,
unindicted
and
74
G. Israel:
i.
H. Czech Republic:
75
XVII.
Few
Articles
in
News
Papers
in
support
of
The
Perth
Journal
Gazette
and
Article
dated
Western
Australian
15.11.1845-
The
b.
c.
76
alternative
to
the
plain
vanilla
variety.
cannabis
In an editorial,
to
Prohibition.
the prestige
publication said
f.
Australian
Journal
Article
dated
77
h.
Right
to
Information
queries
to
the
16.
a.
b.
c.
of the law.
78
17.
18.
19.
20.
79
21.
22.
23.
research
by
Doctors,
Bio-Chemists,
80
a.
Hemp/Cannabis/Marijuana/Ganja/Bhang,
b.
medicine
(Cannabis),
gift
of
god.
an
integral
part
of
culture,
the
81
25.
of
our
respondents
cultural
have
heritage,
failed
to
and,
answer
also
the
because
legitimate
27.
28.
82
29.
30.
a.
b.
and
penal
provisions,
in
relation
to
c.
83
Substances
Act,
and
1985,
and
inclusion
of
d.
Specifying
Quantity,
Small
dated
Quantity
and
19.10.2001,
e.
VERIFICATION
84
Deponent
Identified by Me
Aditya Barthakur
(Petitioner in Person)