Govt dilly-dallying on framing Rules under NDPS Act even after being scolded by HC

Enforcement agencies not working in tandem to root out menace
Key points of SOP yet to receive due attention of JKP

Mohinder Verma

JAMMU, Nov 23: Despite being scolded by the State High Court a number of times over non-serious approach towards the menace of drugs, the Government is dilly-dallying on framing Rules under Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which otherwise are imperative to achieve the objectives behind the legislation.
Moreover, no effective steps have so far been initiated for setting up of drugs de-addiction centres in different parts of the State to provide treatment to the increasing number of youth falling prey to the menace and for ensuring strict adherence to the Standard Operating Procedure (SOP) prepared last year by the Home Department.
The Section 78 of the NDPS Act confers powers on the State Government to make Rules for carrying out the purpose 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 the drug addicts.
After its much criticism from different quarters and numerous directions from the State High Court, the Government vide Order No.681-GAD dated April 24, 2018 constituted a committee headed by Administrative Secretary, Finance Department for formulation of draft Rules of the Narcotic Drugs and Psychotropic Substance Act for establishment of sufficient number of drugs de-addiction centres in the State.
The members of the committee are representatives of Home, Health and Medical Education and Social Welfare Departments not below the rank of Special Secretary.
However, despite lapse of over seven months the committee has failed to come up with draft Rules under NDPS Act. Moreover, the Government didn’t find it appropriate to pass directions to the committee for completion of assigned task without further delay, official sources told EXCELSIOR.
“We have not been approached by any of these four departments with draft Rules till date although the same are imperative for effective implementation of NDPS Act”, sources in the Law Department said, adding “it seems that the seriousness towards the menace of drugs was confined to the framing of committee of officials only otherwise it was supposed to be made accountable by passing necessary directions”.
Had Rules been prepared and approved during the past seven months, process would have been set into motion for establishment of sufficient number of drugs de-addiction centres in different parts of the State, sources said while disclosing that at present there are only two full-fledged de-addiction centres in Jammu and Kashmir.
“It is only because of non-serious approach towards having Rules that Division Bench of State High Court headed by Chief Justice Gita Mittal few days back again reprimanded the Government”, sources said.
It is pertinent to mention here that Division Bench on November 14 observed, “no action plan has been formulated by any authority with regard to menace of drugs in the State. We, therefore, request the Chief Secretary to convene a meeting of the concerned departments and authorities to carve out an action plan for addressing the menace. The action plan should include setting up of de-addiction centres in various districts of the State”.
“Moreover, there is no proper coordination between enforcement agencies the thrust on which was laid in the Standard Operating Procedure (SOP) prepared by the Home Department in the month of September last year”, sources said, adding “Narcotics Control Bureau of the Union Government and the State Police are not working in tandem to root out the menace”.
“It is unfortunate that NCB and Jammu and Kashmir Police although have the challenging task of tightening noose around the drug mafia never share information with each other, which otherwise is imperative for better results”, they further said.
Not only this, there are several key points of the Standard Operating Procedure which have not received due attention of all the concerned authorities till date, sources said while disclosing that despite enough thrust on training of officials to effectively combat the menace, the NDPS Act cases are still being handed by ill-trained JKP officials.

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