Dr. Sachin Ashok Kale (In Person) vs. State Of Chhattisgarh

Facts

Dr. Sachin Ashok Kale, the petitioner, filed a Public Interest Litigation (PIL) seeking directions for the State of Chhattisgarh to define industrial hemp based on THC content, authorize its cultivation and possession, and establish a licensing program. He argued that this would benefit local people economically and medicinally. The petitioner had previously submitted a representation to various authorities on February 22, 2024, highlighting the benefits of hemp and the potential for its cultivation as a "New Generation Gold Mines" for farmers. He contended that while the Narcotics and Psychotropic Substances Act, 1985 (NDPS Act) permits mass cultivation for horticultural and industrial uses, the State had not made rules or regulations to facilitate this. He also pointed to FSSAI notifications regarding hemp seeds and oil as food, and Ministry of Ayush guidelines for hemp oil medicines, suggesting government recognition of hemp's benefits and its categorization under GST.

Held

The Court dismissed the writ petition, holding that the petitioner lacked locus standi and that the petition was not a genuine Public Interest Litigation. It was observed that the petitioner sought directions that fall squarely within the domain of legislative and executive policy, and courts cannot direct the government to make policy decisions, especially in sensitive areas like narcotic control. The Court emphasized that the cultivation of hemp is prohibited under the NDPS Act, save for specific permitted purposes and through statutory procedures, and that cannabis cultivation is generally prohibited except for medical, scientific, industrial, or horticultural purposes with government authorization. The petitioner had neither demonstrated any public interest nor followed the appropriate legal mechanisms. The Court found the reasons assigned by the petitioner to permit cultivation of cannabis in Chhattisgarh to be frivolous and baseless, and stated that under the garb of a PIL, the Court cannot encourage activities that may turn out to be a disaster in the future. The Court also noted the increasing consumption of narcotic and psychotropic substances in the State and the negative impact on families and society. The security amount deposited by the petitioner was ordered to be forfeited.

Key Issues

1. Whether the Court should issue directions to the State of Chhattisgarh to define industrial hemp based on THC percentage, authorize its cultivation and possession, and establish a licensing program, thereby facilitating its commercial and medicinal use? (Question of law and policy) 2. Whether the petitioner has locus standi to file a Public Interest Litigation for the aforementioned purposes? Petitioner's Arguments: The petitioner argued that the cultivation of industrial hemp for horticultural and industrial uses is permitted under the NDPS Act, but the State of Chhattisgarh has failed to enact necessary rules and regulations. He highlighted the economic, social, and environmental benefits of hemp, citing its historical significance, research findings, and actions taken by other states like Uttarakhand and Himachal Pradesh. He also referred to FSSAI and Ministry of Ayush guidelines, and the inclusion of hemp under GST, as indicators of government recognition of its utility. He further contended that the right to health, culture, and a pollution-free environment, as enshrined in Articles 21, 29, 41, 47, and 48A of the Constitution, support the promotion of hemp cultivation. Respondents' Arguments: The State, through its Government Advocate, did not explicitly present arguments on the merits of hemp cultivation but opposed the petition on grounds of it being a misuse of judicial process and not a genuine PIL. The Court's reasoning suggests the State's stance was that such policy decisions fall within the executive and legislative domain, and that the cultivation of hemp is generally prohibited under the NDPS Act except for specific permitted purposes and through statutory procedures.