Gujarat HC upholds prohibition of poppy capsules

The Gujarat High Court has dismissed a petition challenging the state government's notification prohibiting issuance of licence to procure poppy capsules.
Justice N V Anjaria yesterday upheld the government's contention that prohibition of consumption of poppy capsules should not be seen as violation of the fundamental right to live.
The notification dated October 5, 2015, prohibits issuance of licence to procure poppy capsules on health grounds. The prohibition came into effect from March 31, 2016.
The petitioner contended that this violated the fundamental rights including the right to live under Article 21 of the Constitution, as those addicted to poppy capsules may face severe withdrawal complications if denied access to the narcotic.

Earlier, licence to procure the capsules was issued on the basis of medical advisory as per the Gujarat Poppy Capsules Rules, 1963. These capsules are also believed to have medicinal value for various ailments including asthma.
But Gujarat government said it had the power to prohibit consumption of a substance which is already a prohibited substance under Narcotic Drugs and Psychotropic Substances Act, 1985.