Poppy capsule consumers, hailing mostly from Banaskantha and Surendranagar districts in Gujarat, had recently moved the petition challenging the state government's notification.
Addicts of capsules made from poppy plants have approached the Gujarat High Court against the government's decision to prohibit issuance of licence to procure poppy capsules, arguing that it violated their fundamental right to live.
Poppy capsule consumers, hailing mostly from Banaskantha and Surendranagar districts in Gujarat, had recently moved the petition challenging the state government's notification dated October 5, 2015, prohibiting the issuance of licence for procurement of such capsules with effect from March 31, 2016.
The poppy capsule is made from the dried pericarp of the ripe fruit of an opium poppy plant. Licence to procure such capsules is issued to an individual on the basis of medical advisory which remains valid for three years, as per the Gujarat Poppy Capsules Rules, 1963. Such capsules carry medicinal value for various diseases, including asthma.
Without licence, poppy addicts will not be able to procure and consume its capsules. High Court Justice R M Chhaya lask week heard the petitioners and the state government and has kept the next hearing on Friday.
The lawyer for petitioners, PJ Kanabar, argued that the government resolution violated the fundamental rights of citizens, including the right to live under Article 21 of the Constitution, as the addicts of such capsules may face severe health issues.
"The decision is in complete violation of fundamental rights accorded by our Constitution, as the capsule reduces pain of addicts and is also beneficial in asthma and other such diseases," the petition said. Their petition argued that while the government was entitled to regulate or control, it cannot prohibit it. Justifying the ban, the state government argued that it could do so as per section 10 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
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