The court upheld the validity of Ext. P6 and Ext. P9 notifications issued by the Central and State Governments, respectively, and emphasized the principles of res judicata in dismissing the petitioner's contentions.

JUDGMENT :

Shaji P. Chaly, J.

This is a public interest litigation filed by a public spirited person, who is said to be concerned by the ever increasing substance abuse in the State of Kerala, and is also an Advocate practicing in the High Court of Kerala, apart from being functional as a legal reporter of a visual media, and also served as a para-legal volunteer coordinator of Taluk Legal Service Committee, Cherthala, Alappuzha District, for the period 2009-2011. The sum and substance of the contentions advanced in the writ petition are as follows:-

2. The use of narcotics and psychotropic substances, particularly Ganja, is increasing in Kerala and the recent newspaper reports are indicating the said aspect. Petitioner has also produced Exts. P1 and P3 news reports appeared in two English dailies dated 16.07.2014 and 14.08.2014. Relying upon the said news item it is submitted that there is rampant increase in the use of Ganja particularly among school children. Added to that there is ever increasing use of liquor / alcohol which has created severe economic and social problems in the State of Kerala. According to the petitioner, the use of other drugs and intoxicating drinks are deep rooted in the society, which is causing severe problems among children and the society at large.

3. The case accordingly projected by the petitioner is that the judicially unenforceable Directive Principles of State Policy contained under Articles 36 to 51 of the Constitution of India are fundamental in the governance of our country, and it is the duty of the Central / State Governments to apply them while making the laws. It is specifically pointed out that in the present public interest litigation, petitioner is concerned more with Article 47 of the Constitution of India, dealing with duty of the State to raise the level of nutrition and the standard of living, and to improve public health, and whereby, according to the petitioner, the State shall have regard in respect of the level of nutrition and the standard of living of its people, and the improvement of public health, as among its primary duties, and in particular, the State shall endeavour to bring about prohibition of the consumption of intoxicating drinks and drugs, which are injurious to health, except for medicinal purposes. Therefore, according to the petitioner, it is the primary duty of both the Central and State Governments to take necessary steps to bring about prohibition of the consumption of intoxicating substances including drugs and liquor.

4. It is further submitted that it was in pursuance of the said duty, the Parliament enacted the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called NDPS Act, 1985), primarily for the purpose of enacting stringent laws for curbing the use of intoxicating substances including Ganja and psychotropic substances. The sum and substance of the contention raised by the petitioner relying upon NDPS Act, 1985, is that the provisions contained thereunder is intended to strictly control the transactions of the drugs and intoxicating substances mentioned thereunder, and to provide strict punishment for using / possessing / selling them, but the Act prescribed only minor punishment for use of small quantities of such drugs or substances.

5. According to the petitioner, even though the small quantity of Ganja was defined initially as 500 grams evident from Ext. P4 notification issued by the Government of India dated 14.11.1985, later in 1996 as per Ext. P5 notification dated 16.07.1996, the small quantity was reduced to 100 grams. However in 2001, Parliament amended the NDPS Act, 1985 to rationalize the punishment regime and based on this the Union of India was permitted to notify small quantity and commercial quantity. Thereupon, the Union of India has published Ext. P6 notification dated 19.10.2001 under which the commercial quantity of Ganja was fixed at 20 kilograms and the small quantity was fixed at 1000 grams.

6. Therefore accordin