PIL regarding drug abuse in J&K
DB directs AAG to fresh status report with regarding to functioning of FSL
JKUT (Jammu), October-10-2021-( JNF):- In a Public Interest Litigation filed by Atharv Mahajan a student of law seeking initiation of a special drive by J&K police in the entire state for checking the growing menace of drugs amongst youths and regarding Low conviction in NDPS Case.
A Division Bench of Jammu & Kashmir High Court Comprising Chief Justice Pankaj Mithal and Justice Rajnesh Oswal directed AAG Raman Sharma to file fresh status report with regard to the disposal of seized contraband in NDPS cases from the year 2016 till date and further he shall also file fresh status report with regard to the functioning of Forensic Science Laboratory in the UT of J&K.
When the PIL came-up for hearing, Division Bench observed that from time to time, different status reports have been filed by the respondents and latest being an affidavit dated 16.06.2021 filed by the Union Territory of J&K by the Special Director General of Police, Crime Branch, J&K pursuant to the direction of this Court dated 22.04.2021. A perusal of the said affidavit reveals that by the each passing year, there is increase in registration of FIRs in NDPS 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 of J&K has constituted a separate wing i.e. Anti-Narcotic Task Force (ANTF) in the Union Territory of J&K. Besides, various steps those have been taken by the Government for creating awareness about the drug menace, has also been mentioned. 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. Mrs. Deepika Mahajan submits 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 submits that no report has been furnished by the respondents with regard to the disposal of the seized contraband.
DB observed that it needs to be noted that continuous efforts are required to be made to check the menace of drugs and for that purpose role of the Police is very important and 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.
DB further directed that 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 AAG shall file fresh status report with regard to the disposal of seized contraband in NDPS cases from the year 2016 till date and further he shall also file fresh status report with regard to the functioning of Forensic Science Laboratory in the UT of J&K. Let both the status reports be filed before the next date of hearing. JNF