Punjab & Haryana HC Issues Slew Of Directions To Curb Drug Abuse In State [Read Judgment]

The Punjab and Haryana High Court on Tuesday issued a slew of directions to tackle the menace of drug abuse in the State.The directions were issued by a bench comprising Justice Rajiv Sharma and Justice Harinder Singh Sidhu. These included steps such as awareness drives and were especially directed towards securing school children and prisoners from falling prey to addiction.The court was hearing two appeals, one filed by Baljinder Singh and another by Khushi Khan, challenging their conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. They were both sentenced to undergo rigorous imprisonment for a period 12 years and to pay a fine of Rs. 2 lakhs each.The court, however, set aside their conviction, while taking serious note of the problem of drug abuse in the State. It referred to the National Policy on Narcotic Drugs and Psychotropic Substances, to highlight the fact that "drug addiction is increasingly becoming an area of concern as traditional moorings, effective social taboos, emphasis on self-restraint and pervasive control and discipline of the joint family and community are eroding with industrialization and urbanization".The court also emphasised on the issue of smuggling of drugs in prisons, and advocated for sensitization of prison staff and registration of addicts. It then relied on the guidelines issued by the Delhi High Court in Aasha v. State Government of N.C.T. of Delhi and another to issue the following directions:Awareness drives1. The State Government is directed to launch special awareness drives to make the people aware of the ill- effects of drugs on the society. The Deputy Commissioner of the district shall be the Nodal Officer to make the citizens aware of the ill-effects of the drugs and controlling the same. The State Government shall make sufficient provisions for awareness drives through electronic media, print media, internet, radio television etc. Latest kits for investigation2. The State Government is directed to provide latest kits to the Investigating Officers to investigate the matters under the Opium Act, NDPS Act and other allied Acts and also to hold refresher course periodically to apprise the police personnel the procedure to be adopted while conducting investigation under the NDPS Act. The State of Punjab is directed to issue direction to the police department that complainant should not be I.O. to obviate bias. Registration of cases under Prevention of Money Laundering Act against drug kingpins3. The State Government through the Director General of Police is directed to register cases against the kingpins under the Prevention of Money Laundering Act, 2002 at the time of lodging the FIR under the NDPS Act and Opium Act and also, if necessary, by attaching their properties provisionally relating to supply of poppy straw, coca plant and coca leaves, prepared opium, opium poppy and opium, opium by cultivator, cannabis plant and cannabis, manufactured drugs and preparation and psychotropic substances including artificial drugs etc. Rehabilitation Centers in each district4. Since the drugs menace has attained alarming proportion, the State Government is directed to establish Rehabilitation Centers in each district of the State within a period of six months from today. The rehabilitation centers shall provide all the basic necessities to the inmates including boarding, lodging, counselling etc. 5. The State Government is directed to appoint one Psychiatrist for counselling in each Rehabilitation Center. The Counsellor appointed in rehabilitation center shall also visit all the schools falling in his jurisdiction advising the students about the ill-effects of drugs.Counselling in schools6. All the educational institutions i.e. government run, government aided, private schools, minority institutions, are directed to appoint the senior-most teacher as the Nodal Officer to counsel the students on every Friday of the month about the ill-effects of drugs. In case, he finds any drugs abuse or symptoms, he shall be at liberty to summon the parents of students. The parents will be sensitized against the drugs abuse in parent-teacher meetings. Policemen around Educational institutions 7. The State Government is directed to ensure to post one plain-clothes policeman from 8 AM to 6 PM around all the educational institutions to nab the drugs peddlers and kingpins. The local intelligence units are directed to keep a close watch on the shops including Dhabas, tuck shops, Khokas, tea stalls to ensure that the owners thereof are not permitted to indulge in the sale of drugs etc. Code of conduct during raids and investigation 8. The Drugs Inspector while raiding the factories, industries, medical shops shall be accompanied by a person not below the rank of the Assistant Commissioner of Police including the Gazetted Officer from the Food and Supplies Department. 9. The Assistant Commissioner of Police of the concerned district shall personally monitor all...

Punjab & Haryana HC Issues Slew Of Directions To Curb Drug Abuse In State [Read Judgment]

Apoorva Mandhani

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