TMI Blog2016 (4) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... stem that was earlier prevailing. There may still be certain areas of concern which according to the petitioners need to be addressed by the competent authority but the petitioner shall be free to seek such other redress as may be warranted under the law before the authorities. - Petition disposed of - Writ Petition(s)(Civil) No(s). 76/2007 - - - Dated:- 1-4-2016 - MRS. R. BANUMATHI AND MR. UDAY UMESH LALIT, JJ For the Petitioner : Mr. Niraj Sharma,Adv. For the Respondent : Mr. Abhijit Sengupta, Adv ORDER This petition filed in public interest prays for a direction to the respondents to modify their Rules governing availability of morphine and other opioids required for pain control in accordance with Circular(Annexur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affidavit filed as recently as on 31.03.2016 by Ministry of Finance, Department of Revenue. In para 7 of the said affidavit, the Central Government have pointed out that after receiving several representations on the issue of lack of adequate access to morphine and other opioids for palliative care and the urgent need for a uniform licensing system under the NDPS Act which is applicable uniformly through out the country and after consultation with all stake holders including the State Governments, the Government have amended The Narcotic Drug and Psychotropic Substances (Amendment) Act, 2015 (No. 16 of 2014) which enables the Central Government to notify certain narcotic drugs used for medical purposes including that of pain relief as a ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essential narcotic drugs. Copy of the Gazette Notification No.S.O. 1181 (E) dated 05.05.2015 is at Annexure R-2 Page (10-11). 9. It is further submitted that in exercise of the powers conferred under Section 9 read with Section 76 of the Act, Notification No.G.S.R.359 (E) dated the 5th May, 2015, the Narcotic Drugs and Psychotropic Substances Rules, 1985 were further amended to provide for simplified provisions relating to possession, transport, use, etc., of the essential narcotic drugs. Copy of the Gazette Notification No.G.S.R.359(E) dated the 5th May, 2015 is at Annexure R-3 Page (12-26). 10. It is submitted that the provisions relating to the 'essential narcotic drugs' have been finalized after elaborate consultatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t this petition could in the light of the above subsequent development be disposed of as no useful purpose will be served by keeping the same pending. We find merit in that submission. The Government appear to have taken the issue regarding the availability of narcotic drugs for palliative care seriously and not only amended the statutory provision to make availability of the drugs easy but also to regulate the use thereof for medical and non-medical purpose In that view, therefor, the present petition does appear to have served its purpose and led to an improvement in the system that was earlier prevailing. There may still be certain areas of concern which according to the petitioners need to be addressed by the competent authority but the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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