Section 37P in The Narcotic Drugs and Psychotropic Substances (Madhya Pradesh) Rules, 1985
37P. The manner in which a Certificate may be issued by the Medical Officer.
- The Medical Officer of the district, where addict of poppy straw resides, shall follow the procedure prescribed in this rule for the exemption of a person applying for a permit for the possession of poppy straw for personal consumption on medical grounds and for the issue of a certificate to him (hereinafter called the applicant) :(i)The Medical Officer shall examine the applicant upon his own application or upon the direction of the District Excise Officer;(ii)The Medical Examination of the applicant shall except as otherwise directed by the District Excise Officer be made at the place appointed by the Government in that behalf or at the headquarter of the Medical Officer :Provided that an applicant who is more than sixty years of age or who is physically incapable to present himself for medical examination may, at his request and on the recommendation of the District Excise Officer be examined at the applicant's residence by the Medical Officer;(iii)The Medical Officer shall after examining the applicant and after taking into consideration the provisions of this Chapter record his opinion clearly and explicitly in form P.S. VIII as to whether the applicant is required to use poppy straw as a medical necessity and if so, the quantity therefor shall be mentioned in the certificate. Such a certificate shall only be granted to an addict of poppy straw, who would suffer irreparable damage from the withdrawal of the poppy straw, if the same is not made available to him.(iv)The Medical Officer shall take into consideration the age, weight, general health, medical history, illness, and period of habituation to taking the poppy straw and any other matter as he may deem fit, and carry out such test as he deems proper With the consent and at the expense of the applicant. The Medical Officer shall also take into consideration for the aforesaid purposes any statement made by the applicant or any fact or observation recorded by the application or his personal medical Advisor.(v)The Medical Officer shall prepare a record of the medical examination in triplicate in Form P.S. IX and shall give one copy to the applicant while forwarding one copy to the District Excise Officer concerned and retain one copy for the permanent record of his officer.(vi)The Medical Officer shall charge a fee of Rs. 10 and Rs. 25 respectively for medical examination at the office of the Medical Officer or at the residence of the applicant, as the case may be. Such fee shall be retained by the Medical Officer who examines the applicant.(vii)On receipt of Medical certificate granted under clause (iii) the District Excise Officer shall issue a permit to the applicant in Form P.S. VII for such quantity as may be recommended by the Medical Officer and in the manner as laid down in Rule 37-0 ;Provided that the quantity of poppy straw shall progressively and automatically be reduced by ⅛th every quarter and that this shall be exclusively mentioned in the permit itself;Provided further that where the District Excise Officer has reasons to disagree with the Medical Certificate granted under clause (iii) by the Medical Officer, he may after recording his reasons in writing, refer the case to the Chief Medical Officer concerned and they Chief Medical Officer shall constitute a Medical Board of three doctors consisting of atleast one specialist in Medicine, which shall re-examine the case and submit its report to the District Excise Officer within 30 days of the reference made by the District Excise Officer. During the period of 30 days a temporary permit in Form P.S. X shall be granted to the applicant on the basis of the Medical Certificate granted under clause (iii).
