“Courts Cannot Direct The Government To Make Policy Decisions": Chhattisgarh High Court Dismisses PIL Seeking Authority To Grow Hemp For Industrial Purposes

The Chhattisgarh High Court observed that the Courts cannot direct the Government to make policy decisions, particularly in sensitive areas like narcotic control. The cultivation of hemp is prohibited under the NDPS Act, except for specific permitted purposes and through statutory procedure.

A Public Interest Litigation(PIL) was filed seeking to direct the State to take an immediate action, keeping positive view on tapping economic, social & environmental benefits of hemp (cannabis) a ‘golden plant’, for betterment of life of citizens of Chhattisgarh.

A Bench of Chief Justice Ramesh Sinha and Justice Bibhu Dattu Guru observed, "The petitioner does not have any locus standi and it is not a genuine public interest litigation. It is well settled that no public interest litigation would lie if the same involves personal interests. The petitioner has approached this Court under the garb of public interest, seeking directions which fall squarely within the domain of legislative and executive policy of the State. Courts cannot direct the Government to make policy decisions, particularly in sensitive areas like narcotic control. The cultivation of hemp is prohibited under the NDPS Act, save for specific permitted purposes and through statutory procedure. Cannabis cultivation is generally prohibited except for medical, scientific, industrial, or horticultural purposes and only with government authorization. The petitioner has neither demonstrated any public interest nor followed the appropriate legal mechanisms. The present is a petition which can be termed as misuse of judicial process."

Advocate Sangharsh Pandey represented the Respondents.

Case Brief

In the PIL, the Petitioner highlighted many of benefits of ‘golden plant’, which was also supported by many researches and government reports. It was contended that hemp has potential of being “New Generation Gold Mines”, for farmers of Chhattisgarh.

It was also submitted by the Petitioner that according to the Narcotics and Psychotropic Substances Act, 1985, (NDPS Act) mass cultivation of hemp for horticultural and industrial uses is permitted by Indian law. However, the State Government has been empowered to decide the limits within which licences may be given for its cultivation, however, it has never been used and no regulation or rules have been made by the State of Chhattisgarh to facilitate medical or industrial use of the plant.

The Petitioner also submitted that the Ministry of Aayush, Govt. of India, has issued an order indicating fresh guidelines for medicines using hemp oil need Central Government permission, which shows government also knows the benefits of it. It was also submitted that there are many references in various holy books, including but not limited to, Sushruta Samhita, Sama Veda, Yajur Veda, & others, which indicate important heritage of cannabis in Indian culture & medicine.

While the State contended that the petition is nothing but an attempt by the Petitioner to any how get permission from the State to cultivate the cannabis and to carry on the commercial transaction of the product.

Court's Analysis

The Court emphasised that it is the duty of this Court to ensure that there is no personal gain, private motive and oblique motive behind filing of PIL.

"It is also well settled that the Courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The Court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation. The Courts should ensure the jurisdiction in public interest is invoked for genuine purposes by persons who have bona fide credentials and who do not seek to espouse or pursue any extraneous object. Otherwise, the jurisdiction in public interest can become a source of misuse by private persons seeking to pursue their own vested interests", the Court added.

Further, the Court opined that it is matter of concern that the consumption of narcotic and psychotropic substances in the State of Chhattisgarh has increased manifolds in the recent years and it not only has evil effects on the body and mind of the person consuming it, but it ruins the entire family and society as well.

"The offences relating to contraband and psychotropic substances is on upsurge in the State. Number of instances have been reported wherein crimes are committed by an offender in a state of inebriation without understanding the consequences of their act. It not only lands the offender to incarceration, but also ruins the entire family as when the sole bread earner is lodged in a jail, his family is the biggest sufferer. Under the garb of this public interest litigation petition, this Court cannot encourage any such activity nor issue any direction to the State, which may turn to be a disaster in future. The reasons assigned by the petitioner to permit cultivation of cannabis in the State of Chhattisgarh is totally frivolous and baseless", the Court said.

Accordingly, the Writ Petition was dismissed.

Cause Title: Dr. Sachin Ashok Kale V. State of Chhattisgarh & Ors. (Neutral Citation: 2025:CGHC:30885:DB)

Appearance:

Petitioner: Dr. Sachin Ashok Kale (In Person)

Respondent: Advocate Sangharsh Pandey

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