Last year, an Indian court rejected the argument that the drug constituted a major improvement on the earlier version.
Experts said the Spanish and Indian courts are among the few such programs in the nation.
Indian courts have given the executive branch wide discretion over this matter.
Many hundreds of people were arrested and detained in Indian courts.
Less well known is a painting from the Indian court which seems to show the same subject matter.
And last week the Indian high court announced that the novel should be made available.
"Indian courts will not assume a clear and consistent role in the American scheme of justice."
Nevertheless, many legal experts say the Indian courts would be under heavy pressure to accept the theory.
He was released on bail, while the case is pending in Indian courts.
It had been delayed due to legal issues in Indian court.