Supreme Court had given directives for setting up of Forensic Narcotics Divisions and creation of adequate facility for the storage of seized drugs to pre-empt any efforts of theft, pilferage and even their replacement. It is now more than three years these directives were sent but nothing of the sort towards compliance has taken place in Jammu and Kashmir. State Home Department and Jammu and Kashmir Police need to clarify the reasons of paying no heed to the instructions of the Apex Court. Not only this, the procedure vide the directives, was laid down for seizure, sampling and disposal of drugs which again is not being followed by the Jammu and Kashmir Police. The issue being so much of a sensitive nature otherwise needed to be addressed on priority basis by the StateGovernment, but even the court orders are afforded to be disregarded by not taking prompt action as desired. The inaction on Apex Court orders has resulted in viewing the matter seriously by the State High Court.
Needless to reiterate that the Supreme Court had distinctly and clearly advised the details as to how the entire issue was to be handled by saying that the Central Government , its agencies as also the StateGovernments, within six months, from the day directives were passed, had to take appropriate steps to set up facilities for exclusive storage of seized narcotic drugs and psychotropic and controlled substances andconveyances duly equipped with vaults and double locking system to prevent theft, pilferage or replacement of such seized drugs. State Government had been given the freedom to set up a storage facility for each district in the State and depending upon the extent of seizure and store required, one storage facility for more than one district.
The Division Bench of the State High Court headed by Chief Justice Gita Mittal has expressed serious concern over no action having been taken by the StateGovernment, therefore, has directed the Home Secretary and Director General of Police totake action, now without further wastage of time. The status report filed by the Principal Secretary to the Government, Home Department in response to the directives of the Division Bench in a Public Interest Litigation states that the Director General of Police had intimated that the Directorate of Forensic Science Laboratory Jammu and Kashmir had submitted a proposal to the Home Department for establishment of two Forensic Narcotic Divisions with creation of staff and the laboratories one each at the summer and winter capitals of the State. The Division Bench was informed further that the proposal was under examination of the Home Department. It is , however, beyond comprehension as to why the matter was kept lingering on though the total cost involved was just an amount of Rs. 64.78 lakh only which was not difficult to be managed for a cause as important as that of fighting drug abuse and trade therein.
The other problem was that of storage facilities which was taken note of by the Division Bench by observing that whatever seizures were made of the drugs and psychotropic substances etc, by the Police, there were the problems in respect of the construction of the storage facilities not being available . The Division Bench , accordingly has directed the Home Secretary and the DGP to place before the Court well before February 7, 2019 the time -line within which the Narcotics Divisions and Forensic Science Laboratories would be set up and steps for effecting the recruitment against the necessary posts be completed. Why should there be court’s intervention for almost every critical decision expected to be taken by the StateGovernment in the ordinary course of business, is the moot question. This reflects a negative response to emerging concerns expressed by the State High Court in respect of non compliance of the orders of the Supreme Court in matters especially of very sensitive nature as the one, under reference.
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