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2025 Supreme(Chh) 536
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, BIBHU DATTA GURU, J.
Sachin Ashok Kale S/o Late Shri Ashok Kale – Appellant
Versus
State of Chhattisgarh – Respondent
WPPIL No. 9 of 2025
Decided On : 07-07-2025
For the Appellant : Sachin Ashok Kale [Appellant-in-Person]
For the Respondent: Sangharsh Pandey
Public Interest Litigations must genuinely pursue public interest; the court dismissed a petition as it lacked legitimate grounds and sought to influence state policy on prohibited narcotic cultivation.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Public Interest Litigation - Petitioner seeks direction for the cultivation and processing of industrial hemp, citing benefits for local communities and existing government guidelines - The court expresses concern over misuse of PILs for personal motives and emphasizes that courts cannot dictate state policy decisions on narcotics, confirming that cannabis cultivation is prohibited without government authorization. (Paras 4, 5, 17, 18)
(B) Public Interest Litigation - Requirement for genuine public interest and credentials; courts should discourage frivolous petitions that may misuse judicial processes. (Paras 11, 12, 18)
Facts of the case:
The petition was filed by an individual seeking permission from the state authorities for the cultivation of industrial hemp, citing economic, social, and environmental benefits. He claimed no response had been received from the state since his representation submitted in February 2024.
Findings of Court:
The court noted the potential for misuse of PILs and confirmed that the petitioner did not demonstrate a genuine public interest. Furthermore, the court ruled that the petitioner lacked locus standi and could not compel legislative or executive decisions.
Issues: The primary questions addressed were whether the petitioner had legitimate public interest grounds and whether the petition aimed to influence a sensitive governmental policy area regarding narcotics.
Ratio Decidendi: The court affirmed that public interest litigation must serve genuine public harm or injury, and frivolous petitions cannot use judicial processes to bypass legislative authority. It upheld that cannabis cultivation is generally prohibited under the NDPS Act.
Result: The petition styled as ‘Public Interest Litigation’ is dismissed.
| Table of Content |
|---|
| 1. petition seeks benefits of hemp cultivation. (Para 3 , 4 , 5 , 6 , 8) |
| 2. court's duty to verify genuine public interest. (Para 10 , 11 , 12) |
| 3. importance of maintaining pil integrity. (Para 13 , 14 , 15 , 16) |
| 4. pil misuse and need for public interest verification. (Para 17 , 18) |
| 5. petition dismissed; security amount forfeited. (Para 19 , 20) |
ORDER :
1. Heard Dr. Sachin Ashok Kale, petitioner in person. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State.
2. The present writ petition styled as ‘Public Interest Litigation’ has been filed by the petitioner with the following prayers:
“10.1 That, the Hon’ble Court may kindly be pleased to issue appropriate writ/order/directing, as may be necessary, respondent to:-
a. To Define industrial hemp (based on the percentage of THC it contains)
b. To authorizing the growing and possessing of industrial hemp by creating an advisory board or commission with establishing or authorizing a state licensing or registration program, by removing restrictions facilitate the cultivation, processing and use of industrial and medical hemp so that the local people can be benefited through its commercial usage and also are able to avail its medicinal properties.
10.2 The Hon’ble Court may kindly be pleased to allow the writ petition & issue appropriate instruct respondent to decide petitioner’s representation and permitting him cultivation & developing ecosystem of industrial hemp/cannabis, in the interest of Chhattisgarh State.
10.3 Any other relief/relief’s which may deem fit and proper in the facts and circumstances of the case may also be allowed.”
3. Petitioner, in person, submits that he has filed the present petition seeking a direction by to the respondent authorities to take an immediate action, keeping positive view on tapping economic, social & environmental benefits of hemp a ‘golden plant’, for betterment of life of citizens of Chhattisgarh.
4. It is further submitted by the petitioner in person that he has filed the representation to all concern authorities & respondents, mentioned above, on 22.02.2024, in personally & taken acknowledgment. But, not a single general or specific action has been taken so far and till date, by the respondents, including not even replying to petitioner. Further, in the said representation, he has highlighted many of benefits of ‘golden plant’, which are supported by many researches and government reports. This indicates that this ‘golden plant’ has potential of being “New Generation Gold Mines”, for farmers of Chhattisgarh. He further contended that according to the Narcotics and Psychotropic Substances Act, 1985, (for short, ‘NDPS Act’) mass cultivation of hemp for horticultural and industrial uses is permitted by Indian law. But, Sections 10 and 14 of the NDPS Act, which gives the State Government the power to decide the limits within which licences may be given for its cultivation 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.
5. Petitioner is person further stated that the Food Safety and Standards Authority of India (for short, ‘FASSAI’) has published the notification mentioning “the hemp seed, seed oil and hemp flour shall be sold as food or used as an ingredient in a food for sale subjected to confirming standard.” Also, Ministry of Aayush, Govt. of India, has issued as order dated 07.08.2024, indicating fresh guidelines for medicines using hemp oil need Central Government permission, which shows government also knows the benefits of it. He would submit that the government has categorized these hemp in the Goods & Service Tax Code (for short, ‘GST’). This indicate that government, whether Central or State, are getting earning from these commodities via trading, importing & exporting and other commercial activity. He also submits that there are many references in various holy books, including but not limited to, Sushr
