Delhi High Court heard a Petition filed by a law college student namely Prashant Sharma who seek the intervention of the court to amend/recommend the legalization and use of cannabis for the medication purpose. The Advocate appearing for the Petitioner gave instances from the various countries wherein the cannabis has been legalized for the purpose of medication after dense research in the field.
The Counsel appearing for Petitioner, Mr. Pankaj Mehta contended further that cannabis has been erroneously treated as a criminal justice issued instead of a public health issue and it is high time that these errors are corrected. The ban was imposed in 1985. However, before 1985, the cannabis was allowed for both religious and medical purposes. The same has been used since ancient times to cure disease. He emphasized on the medical benefits of cannabis which have been discovered by the medical research.
The matter was heard by the Chief Justice D N Patel and Justice C Hari Shankar heard the contention f the petitioner and asked “What can we do for you under the writ petition filed in article 226?”. The court mentioned that they hold no power to do any amendment in the existing laws. The order of the bench followed “It appears this petition is seeking direction to legalize cannabis for medical use. It can only be done by bringing proper enactment or amendment under the Narcotics Drugs and Psychotropic Substance (NDPS) Act. We are not inclined to grant the prayer”.
The court imposed a cost of Rupees 10,000 (Ten Thousand Rupees) on the Petitioner. Despite the protest from the counsel who mentioned that the student would not be able to pay that cost as per the current status. The court directed the order to be followed and cost be deposited to Delhi High Court Bar Association Library Fund.
-India Legal Bureau