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2016 (4) TMI 834 - SUPREME COURT

2016 (4) TMI 834 - SUPREME COURT - 2016 (335) E.L.T. 674 (SC) - Seeking direction for modification in rules governing availability of morphine and other opioids required for pain control in accordance with Circular issued by the Central Government - Held that:- 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 ther .....

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7 - 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(Annexure P-3) issued by the Central Government. It also prays for a Mandamus directing the State Governments to issue appropr .....

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ncer Control Program but also in the programs governing control and treatment of AIDS and other incurable diseases. Several other directions have also been prayed for by the petitioner including a direction to the Central Government for preparation in consultation with experts of a palliative care service, delivery plans that requires pain relief and palliative care to become a priority for patients in cancer centers. A direction to the Medical Council of India, Nursing council of India to inclu .....

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vit, 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) whic .....

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s relating to possession, transport use etc. of the essential narcotic drugs. The affidavit states that the provision relating to the essential narcotic drugs have been finalized after elaborate consultation with all stake holders including the State Governments, trade and industry and the palliative care community. The affidavit enumerates the important amendments in the following words: ......Section 2 (viiia) : essential narcotic drug means a narcotic drug notified by the Central Government f .....

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ent has notified six (6) narcotic drugs, which are used for pain relief and de-addiction treatment, as 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 simp .....

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are following: a. The issue of diverse rules made by the State Government has been addressed by uniform rules applicable throughout the country. b. While making provisions for easy availability of the 'essential narcotic drugs', adequate safeguard measures have been provided to prevent non-medical use of the 'essential narcotic drugs'. c. Medical use of essential narcotic drugs for palliative care and drug dependence treatment will be primarily implemented though Recognized Medic .....

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