Section 44 in The Maharashtra Narcotic Drags and Psychotropic Substances Rules, 1985
44.
(1)Any person desiring to possess ganja for the purposes of personal consumption shall make an application for a permit to the Collector or authorised officer in this behalf.(2)On receipt of an application under sub-rule (1), the Collector or authorised officer, as the case may be, shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the permit applied for, he may, subject to the provisions of sub-rule (3) and the orders of the State Government and the Commissioner of Prohibition and Excise, if any, grant the applicant a permit in Form B -III on payment of a fee of rupees ten :Provided that, no such permit shall be granted or renewed -(i)except on the recommendation of the Medical Board or the Medical Officer, as the case may be, appointed in that behalf;(ii)to a person under the age of twenty-one years;(iii)to a person holding a permit in Form O. P. III appended to these rules.(3)The Collector or authorised officer shall direct, in writing, every applicant applying for a permit under this rule on grounds of addiction, to undergo medical treatment at the nearest hospital having facilities for the curative treatment of ganja addicts in order to get rid of the addiction. He may, on the advice of the Medical Officer-in-charge of such hospital, grant or renew the permit to such applicant for the period recommended by such Medical Officer. Where the applicant fails to comply with the direction, the Collector or authorised officer may refuse to grant or renew the permit, unless -(a)the applicant is over 60 years of age and his health does not permit undergoing hospitalisation; or(b)the Collector or authorised officer is satisfied that such person receiving such curative medical treatment from any Registered-Medical Practitioner and such person produces a certificate from such Registered Medical Practitioner countersigned by the Civil Surgeon of the District in which the person resides to the effect that the consumption of ganja by the applicant is a medical necessity during such period of the curative treatment as may be specified in the certificate: or(c)the addiction of such person is certified by the Medical Officer-in-charge of the hospital to be incurable even after undergoing the curative treatment at the hospital; or(d)such person is the only earning member in his family and his hospitalisation will, in the opinion of the Collector or authorised officer, cause hardship to other members of his family so far as their maintenance is concerned.
