PIL regarding drug abuse in J&K
Excelsior Correspondent
JAMMU, Dec 10: In a Public Interest Litigation (PIL) seeking initiation of a special drive by J&K Police for checking the growing menace of drugs amongst youths and regarding low conviction in NDPSA cases, Division Bench of High Court comprising Chief Justice Pankaj Mithal and Justice Sanjay Dhar has granted three weeks time to AAG for filing compliance report in pursuance of order dated October 10, 2021.
On October 10, 2021, Division Bench had directed for filing fresh status report with regard to the disposal of seized contraband in NDPSA cases from the year 2016 till date and functioning of Forensic Science Laboratory in the UT of J&K.
When the PIL came-up for hearing, Division Bench observed, “from time to time, different status reports have been filed by the respondents and latest being an affidavit dated 16.06.2021 filed by Special Director General of Police, Crime Branch, J&K pursuant to the direction of this court dated 22.04.2021. A perusal of the affidavit reveals that by the each passing year, there is increase in registration of FIRs in NDPSA cases consequently leading to increase in seizure of contraband”.
“In the affidavit, details have also been mentioned with regard to the poppy/bhang crops having been destroyed from the year 2016 till 2021. Further, UT Government has constituted a separate wing– Anti-Narcotic Task Force (ANTF). Besides, various steps have been taken by the Government for creating awareness about the drug menace. In view of the status report filed, it cannot be said that the respondents are not taking any steps for controlling/curbing the drug menace prevalent in the society”, the DB said.
Advocate Deepika Mahajan submitted that despite various efforts having been undertaken by the Government, drug menace is yet on the rise and there are certain hubs those are known for promoting the drug culture. She further submitted that no report has been furnished by the respondents with regard to the disposal of the seized contraband.
On this, DB observed, “continuous efforts are required to be made to check the menace of drugs and for that purpose role of the Police is very important”. Accordingly, DB directed the respondents shall resort to the provisions contained in Section 52-A of NDPS Act with regard to the disposal of the seized contraband.
DB further directed that the regular surveillance be maintained/undertaken, particularly in the areas, those are being frequently visited by the youngsters, particularly the students so that the drug culture does not spread among the younger generation and doing so no harassment shall be caused to them.
“Proper training be imparted to the Investigating Officers as this court has come across number of cases, in which the accused earns acquittal just because of non-compliance of the mandatory provisions of the NDPS Act and also Investigating Officers be made aware about placing of the seized contraband in a safe custody, particularly from the date of seizure till the samples are sent to FSL for chemical analysis”, DB further directed.
Finally, DB directed AAG to file fresh status report with regard to the disposal of seized contraband in NDPSA cases from the year 2016 till date and with regard to the functioning of Forensic Science Laboratory in the UT of J&K.
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