Finally, Govt wakes up from deep slumber, begins exercise to frame rules under NDPSA

Two vital aspects yet to receive focus of Home Deptt

Mohinder Verma
JAMMU, Apr 24: Finally, the Government has woken up from the deep slumber and set into motion an exercise to frame much-needed rules under Narcotic Drugs and Psychotropic Substances Act, 1985 which will facilitate establishment of sufficient number of drugs de-addiction centres across the State. However, plugging routes being used to bring drugs into the State has yet not been paid any serious attention.
Two days back EXCELSIOR had exclusively reported that there was no end to the dilly-dallying approach on the part of the Government in framing rules for effective implementation of Narcotics Drugs and Psychotropic Substances Act (NDPSA) in Jammu and Kashmir despite numerous directions from the State Accountability Commission (SAC) during the past several months.
Today, Government issued an order No.681-GAD according sanction to the constitution of a committee for formulation of the draft rules under Sections 71 and 78 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for establishment of drugs de-addiction centres in the State.
The committee headed by Administrative Secretary, Finance Department will have representatives of the Home, Health and Social Welfare Departments not below the rank of Special Secretary, read the order issued by Khurshid Ahmad, Commissioner/ Secretary to Government, General Administration Department.
However, the exercise to be conducted by the committee has not been made time-bound as the Government order is completely silent about the period within which the committee is required to formulate the draft rules and submit the same to the Government for placement before the Cabinet for approval.
“Notwithstanding this, the development is positive as State Accountability Commission where the proceedings are going on during the past several months on this vital aspect will continue to seek status of the task entrusted to the committee headed by Finance Secretary”, official sources told EXCELSIOR.
It is pertinent to mention here that Accountability Commission, while taking suo-moto cognizance of numerous reports of EXCELSIOR regarding uncontrolled menace of drugs across the State, had felt the necessity of having rules as per the provisions contained in Section 71 of the Narcotics Drugs and Psychotropic Substances Act. Accordingly, it started issuing notices to top bureaucrats of the State seeking to know the steps taken by them to ensure effective implementation of NDPSA.
Section 78 of the NDPS Act confers powers on the State Government to make rules for carrying out the purposes of the principle Act. Similarly Section 71 confers powers on the Government to establish centres for identification, treatment, after-care, rehabilitation and social re-integration of drug addicts. Under this Section, the Government also enjoys the powers for making appointment and training the persons employed in drugs de-addiction centres.
While several States have already made rules under NDPSA the J&K Government was soft-paddling on this vital aspect as a result of which there was absolutely no focus on identification and treatment of drug addicts whose number is growing at a fast pace due to uncontrolled menace of narcotic drugs, sources said.
According to the sources, another important aspect—authorizing the officers for carrying out the purposes of the NDPSA has yet not received the due attention of the Home Department despite the fact that authorized officer(s) enjoys sufficient powers under NDPSA vis-à-vis conducting searches, making seizures and freezing properties etc under Sub-Section 2 of Section 41 of NDPSA.
Similarly, plugging all the routes being used to bring drugs in the State has not received the priority attention of the Home Department till date. “Unless the routes are completely plugged the menace cannot be eradicated from the State”, sources said, adding “for want of fool proof mechanism vis-à-vis checking inflow of drugs large number of youth are continuously falling prey to the menace”.

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