Judgment : 1. The notices were directed to be issued to the respondents. The Office report states that notices have been served on all the respondents. The respondent Nos.1, 4 and 5 are presented by Shri B.S. Chhaba, Assistant Solicitor General, Government of India. They have also filed a counter affidavit. 2. By this writ petition, filed in public interest, to protect the health of the citizens of the State of Rajasthan and of the neighbouring States, the petitioner has prayed for a direction to set aside the Policy dated 24.02.2015 of the State of Rajasthan, and to quash the notices for renewal of licenses for free sale of Lanced Poppy Heads (LPH) (Poppy Straw) by the wholesalers and retailers in the State of Rajasthan, dated 25.02.2015. The petitioner has also prayed for a direction to the respondent Nos.4 and 5 to implement conditions of license to see that LPH is ploughed back into the fields, and for any other appropriate order or direction. 3. It is submitted that after the enforcement of the Narcotic Drugs & Psychotropic Substance Act, 1985 (for short, ‘the Act of 1985’), the Central Government has been issuing directions under Section 74 A, to carry out the execution of the provisions of the Act of 1985, which are mandatory for the State Government for compliance. On 30.11.2009, the Central Government, in exercise of powers under Section 74 A of the Act of 1985, issued detailed directions for licencing and permitting the possession, transport, import inter-state, export inter-state, warehousing, sale, purchase, consumption and use of poppy straw. The Central Government referred to Section 4 of the Act of 1985 and Section 74 A, and a report of an Expert Committee comprising the Drugs controller General of India; the Narcotics Commissioner; Doctors from the All India Institute of Medical Sciences, Delhi, Post Graduate Institute of Medical Education and Research, Chandigarh, Ram Manohar Lohia Hospital, Delhi; representatives of the State of Utter Pradesh, Madhya Pradesh, Rajasthan and Punjab, constituted to examine whether providing poppy straw to addicts can be regarded as a medical use in terms of Section 8 of the Act of 1985. The Committee was also required to examine any other consequential issues. The Expert Committee had made recommendations that the provision of poppy straw to addicts was not a medical necessity. The Committee was also required to examine any other consequential issues. The Expert Committee had made recommendations that the provision of poppy straw to addicts was not a medical necessity. It also indicated that the levels of use of poppy straw noticed can hardly be regarded as compulsive, denial of which would cause acute withdrawal symptoms causing irreparable damage to the patient. It was found that 5 to 8 kg of poppy straw per month was being supplied to addicts in Madhya Pradesh and Rajasthan, and such a large dosage is likely to lead to spread of addiction. It was also found that medical use presupposes a prescription by an authorized medical authority in which dosage and frequency are clearly prescribed and found that the manner and use of poppy straw in the States was not under medical supervision. After examining the comments of the State Governments, directions were issued by the Central Government under Section 74 A of the Act of 1985, to the State Governments of Andhra Pradesh, Delhi, Gujarat, Haryana, Madhya Pradesh, Maharashtra, Meghalaya, Nagaland, Orissa, Punjab, Rajasthan, Tripura, Uttar Pradesh and West Bengal, relating to licence/permit activities for poppy straw as follows:- “a) A nodal officer should be designated to deal with all matters pertaining to poppy straw. b) All existing addicts of poppy straw may be registered for proper medical care. c) On the basis of the registrations and the quantities declared by the addicts and after consulting medical and other experts, the nodal officer shall determine the total quantity of poppy straw required for each addict and the entire State. d) The quantity of poppy straw to be provided to the addicts should be progressively reduced so as to ensure that after a certain period of time, there are no addicts requiring poppy straw. e) Stringent conditions should be imposed for supply of poppy straw to addicts so as to ensure that they are in accordance with NDPS Act/Rules framed thereunder. f) Poppy straw should be allowed to be purchased only from licitly cultivated crops. g) The licences issued for purchase and sale of poppy straw, etc. shall specify the quantity that can be purchased or sold. f) Poppy straw should be allowed to be purchased only from licitly cultivated crops. g) The licences issued for purchase and sale of poppy straw, etc. shall specify the quantity that can be purchased or sold. h) The total quantity of poppy straw licenced to be purchased and sold in any district shall not exceed the total requirement of poppy straw of drug addicts and any scientific requirement of poppy straw in the district. i) All poppy straw which remains unutilised shall be destroyed and a certificate to the effect and an annual report for every calendar year as at ANNEX to this order shall be sent by the nodal officer of the State to the Narcotic Commissioner, 19, The Mall Morar, Gwalior (M.P.)-474006 (Fax: 0751-2368111) by June of the following year.” 4. So far as the States of Rajasthan, Madhya Pradesh and Uttar Pradesh are concerned, para-7 of the Policy, dated 30.11.2009, provided that these State shall adopt strict checks and measures to prevent smuggling of poppy straw, opium and other Narcotic Drugs to the neighbouring States. 5. The State of Rajasthan is one of the largest producers of poppy in the country, in which about 11,000 licenses are issued in the District of Chhitorgarh alone for growing poppy. The entire Southern and Northern region and a part of Western region of Rajasthan, is in the severe grip of addiction to the use of poppy straw as narcotic substances. A large amount of poppy straw is smuggled to the State of Punjab, which is facing acute crises of addiction amongst the youngsters in the State, causing serious concern. The State of Rajasthan has taken several measure to restrict the addiction, but that smuggling from the State of Rajasthan has added to the problem beyond comprehension. 6. It is submitted that on 07.03.2012 and on 19.02.2015, the Central Government again issued directions under Section 74 A of the Act of 1985. The directions issued on 19.02.2015, read as follows:- “ORDER 3 UNDER SECTION 74 A OF NDPS ACT, 1985 Subject: Directions to State Governments under section 74 A of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985- Licensing and permitting the possession, transport, import inter-state, export interstate, warehousing, sale , purchase, consumption and use of poppy straw- extension of date of ploughing back beyond 31.03.2015-regarding. In exercise of the powers conferred on Central Govt. In exercise of the powers conferred on Central Govt. under section 74 A of the NDPS Act, 1985, this Department had issued instructions vide order of even No. dated 30.11.2009 and 07.03.2012 to the State Governments in the matter of licensing/permitting activities related to poppy straw in the respective States. As per para 4 of the order dated 07.03.2012, the quantity of poppy straw to be provided to the addicts was required to be progressively reduced so as to ensure that after 31.03.2015, there would be no addicts requiring poppy straw. It was further stated that no poppy straw will be allowed to be used for de-addiction after 31.03.2015 and it shall only be ploughed back into the field under the supervision of a nodal officer. 2. This Department has received references from State Governments of Rajasthan and Madhya Pradesh on the issue citing the difficulties on various counts to be faced by State Governments after expiry of deadline on 31-03-2015. The State Government of Rajasthan has requested inter-alia for extension of the deadline of ploughing back of poppy straw beyond 31.03.2015, since a large number of poppy straw addicts in the State of Rajasthan are yet to be de-addicted. 3. The matter has been examined in this Ministry and it has been decided to extend the deadline of 31.03.2015 mentioned in the order dated 07.03.2012 by one year beyond 31.03.2015 i.e. till 31.03.2016 for all the three poppy cultivating States. It is further stipulated that all efforts should be made by the State Authorities for complete elimination of the addicts during this extended period as no further extension of the deadline will be given. (Rajesh Nandan Srivastava) Commissioner-In-Charge (Narcotics Control)” 7. Learned counsel appearing for the petitioner submits that despite repeated orders passed by the Central Government under Section 74 A of the Act of 1985, the State of Rajasthan has not taken any steps whatsoever, to either restrict the sale of poppy husk, or to reduce the quantities of sale only to the extent of its permitted use under the medical prescription, for dosage and frequency to the addicts. The State Government has, in fact, renewed the licenses for free sale of poppy straw without any restrictions for the year 2015-16, vide its Policy dated 24.02.2015. The State Government has, in fact, renewed the licenses for free sale of poppy straw without any restrictions for the year 2015-16, vide its Policy dated 24.02.2015. The licenses were renewed for 24 groups of licensees, fetching a sum of more than Rs.100 crores, and for which, the method of lottery was adopted. 8. It is submitted that the State of Rajasthan has not shown any concern, to restrict the production and sale of poppy straw in the State, and to limit its sale only under the medical prescription. The renewal of licenses amongst 24 groups by way of lottery has, in fact, increased sale and usage of poppy straw, and increased the number of addicts, which is sought to be restricted by the Central Government under its Policy, as described in its directions issued on 30.11.2009, 07.03.2012 and 19.02.2015, made on the recommendations of an Expert Committee. The directions under Section 74 A of the Act of 1985, are binding on the State Government. 9. We are informed that the State Government has not even mapped and registered the number of addicts and the quantities of poppy straw required for their usage. The narcotic commonly known as ‘Doda {7} Post’, is being sold freely, increasing the number of addicts in the State, causing serious concern to the health of general public. The State Government, instead of restricting the sale of poppy straw in pursuance to its obligation to right to health guaranteed to the citizens under Article 21 of the Constitution of India, is also increasing its usage by roping in more addicts in the process of open sale, to increase its revenue. 10. The State Government is conspicuous by its absence, despite service of notice on the State-respondents. 11. As regards the Central Government and the Central Bureau of Narcotics are concerned, in the reply filed through their Counsel, they have reiterated the orders issued under Section 74 A of the Act of 1985, and further referred to para 19(d) of the National Policy on Narcotic Drugs and Psychotropic Substances, announced by the Government of India on 06.02.2012. In paras 5 to 10 of the counter affidavit of Shri Sitaram Sharma, Deputy Narcotics Commissioner, Kota, it is stated as follows:- “5. In paras 5 to 10 of the counter affidavit of Shri Sitaram Sharma, Deputy Narcotics Commissioner, Kota, it is stated as follows:- “5. That the State Government of Rajasthan has notified the Rajasthan Narcotic Drugs and Psychotropic Substances Rules 1985 in exercise of the powers conferred vide section 10 of the NDPS Act. “Lanced Poppy Heads” have been defined under these rules to mean capsules of the Poppy plant whether in the original form, cut, crushed or powdered from which juice has been extracted. Therefore, Lanced Poppy Heads or LPH refers to poppy straw, containing only capsule, from which the juice (opium) has already been extracted through lancing. As per the State’s NDPS, such LPH can be made available for consumption to the poppy straw addicts on the basis of medical certificate. 6. That, an expert committee was constituted in year 2003 by the Department of Revenue, Ministry of Finance, Government of India for assessing the medical necessity of poppy straw for addicts. The expert committee in their report opined that administration of poppy straw to addicts was not a medical necessity and the levels of use of poppy straw noticed could hardly be regarded as compulsive, denial of which would cause acute withdrawal symptoms. The committee, had on the contrary, stated that the 5 to 8 kg of poppy straw being supplied to addicts in Madhya Pradesh and Rajasthan was a large dosage and was in fact likely to lead to spread of addition. 7. That, as per Section 74 of the NDPS Act, “The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of the provisions of this Act, and the State Government shall comply with such direction.” In view of the recommendations of the Expert Committee, Central Government issued instructions to all the State Governments and Union Territories vide Order No.616/01/2013-NC-1 dated 30.11.2009. As per this order, the quantity of poppy straw provided to the addicts should be progressively reduced so as to ensure that after a certain period of time, there are no addicts requiring poppy straw. 8. That the National Policy on Narcotic Drugs and Psychotropic Substances was announced by the Govt. of India on 06.02.2012. As per this order, the quantity of poppy straw provided to the addicts should be progressively reduced so as to ensure that after a certain period of time, there are no addicts requiring poppy straw. 8. That the National Policy on Narcotic Drugs and Psychotropic Substances was announced by the Govt. of India on 06.02.2012. Para 19(d) of the said policy states that, “The quantity of poppy straw to be provided to the addicts should be progressively reduced so as to ensure that after a certain period of time, say, three years from the date of announcement of this policy, there are no addicts requiring poppy straw. After this no poppy straw will be allowed to be used for dead diction and it shall only be ploughed back as per procedure in (h) below, under the supervision of Narcotics Commissioner.” Accordingly, Para 6(d) of the Govt. of India’s order dated 30.11.2009 issued under Section 74A of NDPS Act, was modified vide order dated 07.03.2012 interalia indicating therein as follows: “The quantity of poppy straw to be provided to the addicts should be progressively reduced so as to ensure that after 31 st March, 2015 there are no addicts requiring poppy straw. After this, no poppy straw will be allowed to be used for de-addiction and it shall only be ploughed back into the field under the supervision of the Nodal Officer who shall issue a certificate to the Narcotics Commissioner that the entire quantity of poppy straw has been ploughed back under his/her supervision.” Accordingly, the averments of the applicant in Para 4 (vii) and (ix) of the writ petition that complete ban of sale of poppy straw in the state of Rajasthan within a period of two years from 2009 was directed vide order dated 30.11.2009 by GOI is factually incorrect. 9. That, before expiry of the deadline of ploughing back of poppy straw on 31.03.2015, the Govt. of India had received references from the State Governments of Rajasthan and Madhya Pradesh in this matter, citing difficulties on various counts to be faced by the State Governments after expiry of the deadline on 31.03.2015. The State Govt. of Rajsathan requested inter alia for extension of the ploughing back of poppy straw beyond 31.03.2015, since a large number of poppy straw addicts in the State of Rajasthan are yet to be de-addicted. The State Govt. of Rajsathan requested inter alia for extension of the ploughing back of poppy straw beyond 31.03.2015, since a large number of poppy straw addicts in the State of Rajasthan are yet to be de-addicted. The request of State Governments were examined by the Govt. of India and the deadline of 31.03.2015 mentioned in the order dated 07.03.2012 has been extended by one year i.e. till 31.03.2016 for all the poppy cultivating states including Rajasthan vide order dated 19.02.2015. It has also been stated in the said order that all efforts should be made by the State authorities for complete elimination of the addicts during this extended period (till 31.03.2016) as no further extension of the deadline will be given. 10. That from the aforesaid it is also evident that the supervision of LPH (Lanced Poppy Husk) is not under the jurisdiction of Central Bureau of Narcotics and it comes under jurisdiction of the State Government. There is no provision either in the N.D.P.S. Act or in the licensing policy which is notified every year by Government of India regarding LPH (Lanced Poppy Husk) to the Central Bureau of Narcotic.” 12. We are deeply concerned with the health of the citizens of Rajasthan as well as the citizens of the neighbouring States with the increased use of narcotic substances amongst the youngsters. It is, therefore, become imperative for us, in larger public interest, to pass orders, restricting the sale of Lanced Poppy Heads (poppy straw) only to registered addicts and for its progressive decrease, which is only possible if the free sale of Lanced Poppy Heads (Poppy Straw) is banned through the licensees, who have been issued licenses under the Doda Post Policy-2015- 16, issued by the State Government on 24.02.2015. 13. We are conscious of the fact that the Central Government has allowed the State Government time up to 31.03.2016, setting up fresh deadline, but that the said deadline has been set up for reducing the use of poppy straw, and to restrict its usage only to the addicts under medical supervision, progressively reducing the quantity, to be sold to them. We are conscious of the fact that the Central Government has allowed the State Government time up to 31.03.2016, setting up fresh deadline, but that the said deadline has been set up for reducing the use of poppy straw, and to restrict its usage only to the addicts under medical supervision, progressively reducing the quantity, to be sold to them. Since there is no effort whatsoever by the State Government, to either map the usage, register the addicts, and to progressively reduce the supply of quantities to the users under the medical prescription, it is absolutely necessary to pass interim order, by which we propose to permit the sale of poppy straw only to the addicts under the medical prescription. 14. As an interim measure, in larger public interest, and to save the citizens of Rajasthan and its young persons, protecting their right to health guaranteed under Article 21 of the Constitution of India, consistent with the policy of Central Government and its directions which are binding on the State Government under Section 74 A of the Act of 1985, we issue interim directions retraining all State functionaries in the State of Rajasthan and the licensees, who have been issued licenses for sale of LPH (poppy straw) for the year 2015-16, from selling the LPH(poppy straw). Their licenses shall be kept in abeyance, and will not authorize them to sale the LPH(poppy straw). The State Government will issue necessary directions to stop the sale from the licensed shops, with directions to the District Magistrate to allow the sale of LPH(poppy straw) only to the addicts under the medical prescription, issued by the Government doctors only, and for that purposes, the District Magistrates will register the number of addicts on the medical certificates issued to them only by Doctors in the State Government services, to be made available at the Government hospitals, Community Health Centres and Dispensaries, under the supervision of the Medical Officer-in-Charge of such Government hospitals, Community Health Centres and Dispensaries. The sales shall be recorded to be progressively reduced every month in accordance with the directions issued by the Central Government. A record of the persons, to whom sale is made, along with details of the medical certificates, and the quantities sold, will be kept by the hospitals, which shall be compiled by the District Magistrates under supervision of the Excise Commissioner, to be reported to this Court. A record of the persons, to whom sale is made, along with details of the medical certificates, and the quantities sold, will be kept by the hospitals, which shall be compiled by the District Magistrates under supervision of the Excise Commissioner, to be reported to this Court. An affidavit giving number of persons, to whom sale is made, and the total quantities sold in each district, may be complied and presented by the Excise Commissioner, Government of Rajasthan, Udaipur, to the High Court from 7th of every succeeding month. 15. This order has been passed with the consent of Assistant Solicitor General of India, appearing for the respondent Nos.1, 4 and 5. 16. List on 01.09.2015, for further orders.