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2023 Supreme(Del) 3418

IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Sanjeev Narula, JJ.
Rajiv Boolchand Jain – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 3670 of 2013
Decided On : 20-07-2023

Advocates appeared:
None, for the Petitioner.
Ms. Maninder Acharya, Senior Advocate (Amicus Curiae), for the Respondent.
Mr. Srivats Kaushal, SPC, for R-1/UOI.
Mr. Rahul Khurana and Mr. Hasil Jain, Advocates, for R-3.
Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr. Bhanu Gulati, Mr. Aabhas Sukhramani, Ms. Anum Hussain and Mr. Tanishq Srivastava, Advocates, for NMC.
Mr. Udit Malik, ASC (GNCTD) with Mr. Vishal Chanda, for the Respondent.

The government's proactive approach and commitment to combating substance abuse and addiction, as well as the need for sustained efforts and a multifaceted approach to address the issue.

Headnote:

Public Interest Litigation - Regulation of Drug and Alcohol De-Addiction Centres - Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drug) Abuse, National Policy on Narcotic Drugs and Psychotropic Substances, Manual of Minimum Standards of Services - The court addressed the regulation and management of drug and alcohol de-addiction centres across India, highlighting the flaws in the present approach towards rehabilitation of drug and alcohol addicts and stressing the need for urgent implementation of the 2012 National Policy and various long term and short term measures.

Fact of the Case:

The petition sought directions for the regulation and management of drug and alcohol de-addiction centres across India, highlighting the eroding public health and social fabric due to drug and alcohol addiction. The government's approach through 'supply reduction' and 'demand reduction' was under scrutiny.

Finding of the Court:

The court acknowledged the government's proactive approach towards addressing the issues raised in the petition, including the comprehensive survey, formulation of the National Action Plan for Drug Demand Reduction, and the implementation of Nasha Mukt Bharat Abhiyaan. The court emphasized the need for sustained efforts and a multifaceted approach to combat substance abuse.

Issues: Regulation and management of drug and alcohol de-addiction centres, flaws in the present approach towards rehabilitation of drug and alcohol addicts, and the need for urgent implementation of the 2012 National Policy and various long term and short term measures.

Ratio Decidendi: The government's commitment to combating substance abuse and addiction, the focus on rehabilitation and prevention, and the transparency measures to ensure proper utilization of grants and adherence to guidelines.

Final Decision: The petition was disposed of, acknowledging the government's efforts and the petitioner's significant contribution in bringing the critical issue of substance abuse and de-addiction/rehabilitation to the court's attention.

JUDGMENT

Sanjeev Narula, J.

1. Present petition, filed as a Public Interest Litigation, seeks the following reliefs:

"a) The Government of India, through the Ministry of Social Justice and Empowerment, should immediately stop all grants under "Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drug) Abuse".

b) The Government of India, through the Ministry of Social Justice and Empowerment, establish a monitoring and regulatory agency for controlling privately run alcohol and drug de-addiction and rehabilitation centres and act as a supervisory, policy making and facilitatory body with regard to treat of alcohol and drug addicts and their rehabilitation.

c) The "National Policy on Narcotic Drugs and Psychotropic Substances" released in February 2012 should be implemented immediately and multiplicity of Ministries, Departments, Organisations, Agencies and NGOs should be forthwith brought under the monitoring and regulatory agency as prayed in (B) above.

d) "The Manual of Minimum Standards of Services" should be enforced strictly or within a given time-frame to ensure effective implementation of minimum standards of care in alcohol and drug de-addiction centres by the State Government and Union Territories.

e) The Prohibition Wings of the State Governments/Union Territories should be provided additional staff to monitor violations of Human Rights in alcohol and drug rehabilitation centres within their territorial limits.

f) The Government of India through Ministry of Social Justice and Empowerment should immediately implement the planned national survey on drug abuse.

g) The Government of India, through the Ministry of Social Justice and Empowerment, should increase attention to the treatment needs of female alcoholics and drug users and ensure sufficient capacity building of facilities for their treatment.

h) The Government of India, through the Ministry of Social Justice and Empowerment and the Central Bureau of Narcotics, Gwalior, should eliminate the illegal and illicit cultivation of opium poppy and cannabis plant.

i) The Government of India, through the Narcotics Control Bureau, should identify and address new trends in the illicit manufacture of synthetic drugs, such as the issue of clandestine laboratories manufacturing amphetamine- type stimulants as also strengthen their action against the diversion of, and illicit traffic in, pharmaceutical preparations containing narcotic drugs or psychotropic substances.

j) The Government of India, through the Narcotics Control Bureau, should immediately identify, address and enhance the measures against illicit Internet pharmacies and call centres, which are illegally supplying pharmaceutical preparations containing narcotic drugs or psychotropic substances to persons in India as also those traffickers, who a.re i11egally exporting the same from India.

k) The Government of India, through the Narcotics Control Bureau, should immediately identify and address the issues relating to Internet pharmacies and put into place, regulatory, administrative and legislative measures to control internet pharmacies introduce legislation for routing and inspection of international mail and seek co-operation of Internet Service Providers.

l) The Government of India, through the Department of Revenue, should immediately ensure that some precursors listed under the "United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988" should be brought within its control and establish a mechanism to facilitate the provision of pre-export notifications for shipments of precusrsors to all countries that have requested such information pursuant to article 12, paragraph 10(a) of the Convention.

m) The Government of India should consider enacting effective measures to control ephedrine and pseudoephedrine in the form of pharmaceutical preparations and natural products in the same manner as it controls the substances themselves.

n) Any other order as the Hon'bl

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