Central Information Commission
Deepak Sandhu vs Department Of Revenue on 17 December, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DOREV/A/2023/644828
Deepak Sandhu .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Central Bureau of Narcotics, 19,
The Mall Morar, Gwalior - 474006 .... ितवादीगण /Respondent
Date of Hearing : 16.12.2024
Date of Decision : 17.12.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 23.07.2023
CPIO replied on : 18.08.2023
First appeal filed on : 18.08.2023
First Appellate Authority's order : 13.09.2023
2nd Appeal/Complaint dated : Nil
Information sought:
The Appellant filed an (online) RTI application dated 23.07.2023 seeking the following information:Page 1 of 5
"Reference to CBN letter dated 13 November 2022, citing subject Public Notice with regard to Controlled Substances under NDPS Act 1985, Please provide:
1. Certified copy of the fact that since Sida Cordifolia Bala Plant is internationally banned by INCB on account of presence of Controlled Substances namely Ephedrine and Pseudo Ephedrine in it as its Natural Chemical Constituents or Chemical Composition or Active Pharmaceutical Ingredients.
2. So, Ayurvedic Medicines in their Raw Form Or in the form of Preparations Manufacturing and Selling Distributing Storing etc. in India containing Sida Cordifolia Bala Plant and Ephedrine and Pseudo Ephedrine as its natural chemical, constituents also come under the category of Controlled Substances under NDPS Act Or not."
The CPIO furnished a reply to the Appellant on 18.08.2023 stating as under:
"(i) Certified copy of the fact that since Sida Cordifolia Bala Plant in internationally banned by INCE on account of presence of Controlled Substances namely Ephedrine and Pseudo Ephedrine in it as its Natural Chemical Constituents or Chemical Composition or Active Pharmaceutical Ingredients, Ans: In this regard, it is informed that Central Bureau of Narcotics does not have certified copy of the fact That Side Cordifolia Bala Plant is internationally banned by INCB.
(ii) So, Ayurvedic Medicines in their Raw Form or in the form of Preparations Manufacturing and Selling Distributing Storing etc. in India containing SkdaCundifoliaala Plant and Ephedrine and Pseudo Ephedrine as its natural chemical constituents also come under the category of Controlled Substances under NDPS Act or not.
Ans: The applicant has not asked for any information, rather has desired the public authority to analyze the provisions of NOPS Act and Rules with regard to Manufacture, sale and distribution of Ayurvedic medicines containing Sida Cordifolia Bala Plant and ephedrine and pseudoephedrine as its natural chemicals constituents comes under the category of controlled substance under NDPS Act or not.
Page 2 of 5In this regard, your attention is invited towards DoPT OM No. 11/2/2008- dated 10th July, 2008 which clearly mentions that the Act, does not require the Public Information Officer to deduce same conclusion from the material and supply the conclusion so deduced to the applicant. The P10 is required to supply the material in the form as held by the public authority and is not required to do research on behalf of the citizen to deduce anything from the material and then supply it to him. Copy of the OM is enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 18.08.2023. The FAA vide its order dated 13.09.2023, held as under.
"मेरे वारा, के.लो.सू.अ ध., वा लयर वारा दये गये आर.ट .आई आवेदन के जवाब दनांक 18.08.23 एवं आर.ट .आई आवेदन दनांक 23.07.2023 व अपील आवेदन दनांक 18.08.2023 को "यानपूवक # अ"ययन एवं $व%लेषण (कया गया, म)ने पाया (क के.लो.सु.अ ध., वा लयर वारा यह पहले ह सू चत (कया है (क चाह गई जानकार इस काया#लय म0 उपल2ध नह ं है। अतः 5थम अपील य अ धकार के78 य लोक सूचना अ धकार को, जो सच ू ना उपल2ध नह ं है , उसे 5दान करने के लए 9नद: शत नह ं कर सकता है।
इसके अ9त<र=त DoPT के काय#लय >ापन सं?या 11/2/2008-IR दनांक 10.08.2008 के पैरा 2 म0 @पAट बताया गया है (कः-
"According to section 2(f) of the Act 'information" means "any material in any form. A citizen, under the Act, has a right to get material from a public authority which is held by or under the control of that public authority. The right includes inspection of work, documents, records; taking notes, extracts or certified copies of documents or records; taking certified samples of material; taking information in the form of diskettes, floppies, tapes video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. Careful reading of the definition of "information" and right to information' makes it clear that a citizen has a right to get the material, inspect the material, take notes from the material, take extracts or certified copies of the material, take samples of the material, take the material in the form of diskettes etc. The PIO is required to supply such material in the form of diskettes etc. The PIO is required to supply such Page 3 of 5 material to the citizen who seeks it. The Act, however, does not require the Public Information Officer to deduce some conclusion from the 'material and supply the 'conclusion" so deduced to the applicant. The PIO is required to supply the 'material in the form as held by the public authority and is not required to do research on behalf of the citizen to deduce anything from the material and then supply it to him."
9नण#य उपरो=त आधार पर, म) अ योह@ताCरकता#, कं78 य लोक सूचना अ धकार के कृEय को सह पाता हूँ। अतः अपीलाथG के अपील को 9नर@त करता हूँ। एत अपील का 9न@तारण (कया जाता है ।"
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Ms. R P Rani Sarkar, CPIO, appeared through video conference.
The respondent while defending their case inter alia submitted that they had already provided point-wise reply to the appellant as per the records available with them vide their letters dated 18.08.2023 and 13.09.2023.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, noted that point-wise reply as per the provisions of the RTI Act has already been provided to the appellant vide letters dated 18.08.2023 and 13.09.2023. It is important to note that only such information can be supplied under the Act that is available and existing and is held by the public authority or is held under the control of the public authority. The Public Information Officer is not supposed to create information that is not a part of the record of the public authority. The reliance is placed on the Hon'ble Supreme Court in the order dated 09.08.2011 in the matter of CBSE & Anr. vs. Aditya Bandopadhyay &ors. (C.A. No. 6454 of 2011) has observed as under:Page 4 of 5
"35......... But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant..............."
The appellant neither filed any written objection nor presented himself before the Commission to controvert the averments made by the respondent and further agitate the matter. The submissions of the respondent are taken on record.
In view of the above, the Commission finds that appropriate reply has been given by the respondent and interference of the Commission is not warranted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Central Bureau of Narcotics, 19, The Mall Morar, Gwalior - 474006 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)