SC stays Rajasthan HC order banning sale of poppy husk from shops

New Delhi, September 4

The Supreme Court today stayed the Rajasthan High Court’s order banning sale of poppy husk and opium from shops and outlets in the state.

A Bench headed by Chief Justice H.L. Dattu passed the interim order while hearing a petition challenging the decision of the Jaipur Bench of the high court restraining the state functionaries of Rajasthan and the licensees from selling poppy straw (Lanced Poppy Heads).

Senior advocate V. Giri and lawyer Aishwarya Bhati explained to the Bench, which also comprised Justices Kurian Joseph and Amitava Roy, about the impact of the order.

Attorney General Mukul Rohatgi referred to the high court order directing the Rajasthan Government to issue necessary instructions to stop sale from licenced shops, with the directive to district magistrates to allow the sale of poppy straw only to addicts under the medical prescription issued by government doctors.

The High Court had also said the licences of all the licencees would be kept in abeyance.

The petition was filed by Rajasthan resident Dinesh Goswami, who was holding licence for disbursement of poppy straw (LPH) to permit holders or drug addicts. He sought to set aside the high court’s June 30 order.

He said that pursuant to the high court’s order, the Excise Commissioner had sealed his godowns.

“The petitioner who had invested a huge amount of money on account of contractual obligations they had vis-a-vis the respondent (authorities), their future now looms in the dark as their contract is only valid till March 31, 2016, beyond which they shall ... not be allowed to operate and in the given scenario, their investments have got stuck since the goods purchased by them are lying in the godowns,” it said.

The high court’s order had come hearing the petition filed by Chandigarh-based NGO Arrive SAFE which had sought the court to ban sale of poppy husk and opium in Rajasthan. — PTI