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Shruti Desai

ANCIENT INDIA VEDIC USAGE OF  CANNABIS  AND TODAY’S NARCOTIC SUBSTANCE

November 7, 2021

  When I wrote a negative comment about Aryan Khan on Facebook, I was taken a back by a question why Sadhus drug themselves. This was asked none other than a Hindu may be pseudo-secular or the one who made Khans rule over this country though being Khan by a dialogue “ I am Khan and I am not a terrorist”. Our generation is not knowledgeable may be literate.  Literacy means which generates a lot of wealth in terms of money.  I then did research and I recalled having read Sam Ved in Gujarati. Som Ras and Som Paan is an integral part of Aryans. Bhang is offered to Lord Shiv as it heals his pain of consuming poisonous substances during Samudra Manthan. In general, devotees offer even milk to relive his sufferings which Lord Shiv consumed to save the universe. Indian history and Hindu Aryan culture have the tradition to use cannabis, bhang, and other plants as medicine.  The mention is found in Atharva Ved.  There is also mention of Soma Paan by Indra Dev Sukta 56 – 5348.  Consumption of Soma Ras made from herbs on the holy mountain of Himalaya gives the different abilities and sparkling personality.  It was used as medicine for different diseases and during surgery in ancient India.  The mention is in Sushrut Samhita. There is also mention of Madya Paan in Chandipath in Adhyay 3 mantra 34-35 where the supreme powered goddess consumes Madhypan before elimination of devil Mahishasur. Cannabis and its derivatives (marijuana, hashish/charas, and bhang) were legally sold in India until 1985, and their recreational use was commonplace.  Consumption of cannabis was not seen as socially deviant behavior and was viewed as being similar to the consumption of alcohol.  Ganja and Charas were considered by upper-class Indians as the poor man’s intoxicant, although the rich consumed bhang during Holi. The United States began to campaign for a worldwide law against all drugs, following the adoption of the Single Convention on Narcotic Drugs in 1961.  Article 49 of the Convention required Parties to completely abolish, over a maximum period of 25 years from the coming into force of the Convention, all quasi-medical use of opium, opium smoking, coca leaf chewing, and non-medical cannabis use.  All production and manufacture of these drugs were also to be abolished within the same time periods.  Only Parties for which such uses were “traditional” could take advantage of the delayed implementation; for others, prohibition was immediate.  As the maximum time ended in 1989, these practices are today fully prohibited, and the drugs may be used only for domestically regulated medical and scientific purposes. However, India opposed the move and withstood American pressure to make cannabis illegal for nearly 25 years.  American pressure increased in the 1980s, and in 1985, the Rajiv Gandhi government succumbed and enacted the NDPS Act, banning all narcotic drugs in India. WHAT IS THE DIFFERENCE BETWEEN ANCIENT INDIAN CANNABIS AND TODAY’S NARCOTIC SUBSTANCE? In ancient India, Som Paan was enjoyed by supreme lords and kings as they had to fight devils and evil forces, which we discussed above.  There was no “Drug abuse” […]

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CAN MINISTER INTERFERE IN INVESTIGATION?

October 25, 2021

We will discuss following issues in this write-up What are the Minister’s general power to review the working of the investigating agency and to give broad policy directions regarding the functioning of the agencies ? What is oath and what are constitutional provisions? Consequences of breach thereof? If Minister exceeds power, does it amount to breach of oath? What recourse open to the Chief Minister /State Government or Governor ? Can they approach Court under Article 226 or Article 32 of the Constitution of India? Let us first learn provisions of the Constitution of India: CONSTITUTIONAL PROVISIONS For State the Constitution provides 159. Oath or affirmation by the Governor.—Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior-most Judge of that Court available, an oath or affirmation in the following form, that is to say— ―I, A. B., do swear in the name of God that I will faithfully execute the solemnly affirm office of Governor (or discharge the functions of the Governor) of ………(name of the State)and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of ..……(name of the State).‖ Under Article 164 every minister has to take oath before entering into his office it says: 164. (1) Other provisions as to Ministers.—(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor…. (3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule… Article 193 provides for penalty Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.—If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State. Form of oath of secrecy for a Minister for a State:— ―I, A.B., do swear in the name of God that I will not directly or indirectly communicate or reveal solemnly affirm to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of ………………..except as […]

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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985 PROVISIONS ,PRESUMPTIONS AND PROSECUTION IN INDIA AN ANALYSIS

October 14, 2021

 A WARNING BELL TO SOCIETY  Since corona started, there is also a trend of increase in cases in the consumption of drugs. The film industry is said to be a hub of drugs. Is it that, its consumption started due to corona? The answer is No. It was always there, butfew decades back,  maybe the social set-up was such youngsters were taught by elders, grand parents and parents to stay away from drugs, cigarettes, and wine. The three “W” s which is the epic centre of crime. “ Wine, Woman and Wealth”. But it was present consistently. There are many reasons for becoming a drug addict. The first is psychological.  To venture something new , another is curiosity, mostly a teenager try during college if got friends with such people,  to rich person kids, its necessary to stand in the competition, you need to show that as a star or a star kid one is very bold and smart,  if you want to survive in the profession. There is also a syndicate working to get students addicted, and, if NDPS seizes huge consignment of drugs and seizes drugs of different persons in possession of drugs and also prominent persons with different kinds of drugs entire syndicate comes in defence, BUT, it’s a warning bell for society. Today if you protect the druggies tomorrow it may hound you and this problem may knock on your doors too. Those who get one addicted, also use them for Drugs and its easy for them to exploit for commission of crime. For which we need to know the law and consequences. This blog is an attempt to explain different cases in very simple language which a layman can understand. WHY LAW OF NDPS? In Durand Didier v. Chief Secy., Union Territory of Goa [(1990) 1 SCC 95)] as under: “24. With deep concern, we may point out that the organised activities of the underworld and the clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances have led to drug addiction among a sizeable section of the public, particularly the adolescents and students of both sexes and the menace has assumed serious and alarming proportions in the recent years. Therefore, in order to effectively control and eradicate this proliferating and booming devastating menace, causing deleterious effects and deadly impact on the society as a whole, Parliament in its wisdom, has made effective provisions by introducing this Act 81 of 1985 specifying mandatory minimum imprisonment and fine. 8. To check the menace of dangerous drugs flooding the market, Parliament has provided that the person accused of offences under the NDPS Act should not be released on bail during trial unless the mandatory conditions provided in Section 37” In Union of India Vs. Ram Samujh and Ors. 1999(9) SCC 429, it has been elaborated as under:­ “7. It is to be borne in mind that the aforesaid legislative mandate is required to be adhered to and followed. It should be borne in mind that in a murder case, the accused commits the murder of one or two […]

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