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2018 Supreme(HP) 166

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANJAY KAROL, SANDEEP SHARMA, JJ.
Court on its own motion - Petitioner
Versus
State of H.P. & Others - Respondents
CWPIL No. 65 of 2017
Decided On : 14-03-2018

Advocates Appeared:
For the Petitioners: Mr. Satyen Vaidya, Mr. Vivek Sharma
For the Respondents: Mr. Ashok Sharma, Mr. Adarsh K. Sharma, Mr. J.K. Verma

Headnote:

Drug Menace - Drugs and Cosmetics Act - 1940 - [D&C Act] - Summary: The court took suo motu cognizance of the delay in filing charge sheets in drug-related cases, leading to a Public Interest Litigation. The court highlighted the seriousness of the drug menace and the need for concerted efforts to curb it. It referenced the directions of the Hon’ble Apex Court in Bachpan Bachao Andolan vs. Union of India & Others, (2017)1 SCC 653, and emphasized the need for a comprehensive national plan and specific content in the school curriculum to address the issue. The court also discussed the challenges faced by the police and drug inspectors in prosecuting cases under the D&C Act. It called for amendments to make the provisions of the D&C Act more effective and directed the Secretary(Home) to take follow-up action with the Government of India for necessary amendments.

Fact of the Case:

The court took suo motu cognizance of the delay in filing charge sheets in drug-related cases, prompting a Public Interest Litigation. The court highlighted the seriousness of the drug menace and the need for concerted efforts to curb it.

Finding of the Court:

The court found that the delay in filing charge sheets in drug-related cases was lowering the morale of police officials and emphasized the need for effective measures to combat the drug menace.

Issues: The delay in filing charge sheets in drug-related cases, the challenges faced by the police and drug inspectors in prosecuting cases under the D&C Act, and the need for amendments to make the provisions of the D&C Act more effective.

Ratio Decidendi: The court emphasized the seriousness of the drug menace and the need for concerted efforts to curb it. It highlighted the challenges faced by the police and drug inspectors in prosecuting cases under the D&C Act and called for amendments to make the provisions of the D&C Act more effective.

Final Decision: The court closed the petition with the direction to the Secretary(Home) to take follow-up action with the Government of India for necessary amendments to enable Police Authorities to institute prosecution against erring persons under the Drugs and Cosmetics Act, 1940.

JUDGMENT :

Sandeep Sharma, J.

The news item captioned as “Charge sheet filed in just 3 out of 200 cases”, published in daily English News Paper ‘The Tribune’ on 26.5.2017, wherein it is/was reported that in last one year Kangra Police had launched a campaign against drug peddlers and psychotropic drug sellers and in this process about 200 cases were registered by the police under the Drugs and Cosmetics Act against those selling of psychotropic drugs in Kangra District; huge quantities of psychotropic drugs were also seized, but despite registration of sizeable number of cases, charge sheet against erring persons came to be filed in three cases only, prompted this Court to take the sue motu cognizance of the matter and accordingly present Public Interest Litigation came to be registered.

2. Delay in filing charge sheet in such cases definitely lower the morale of police officials, who despite their being constant threat to their lives from drug mafia active in the State, not only raided/searched shops/establishments indulging in illegal Trade of psychotropic substances, but also initiated mass campaign to educate children and other possible victims of this Trade. Shockingly, as per news item, though approximately 200 cases were registered by the police in District Kangra under the Drugs and Cosmetics Act, 1940 (for short ‘D&C Act’), but unfortunately no much substantial was done by the Authorities prescribed in ‘D&C Act’ to take such cases to its logical ends. As per ‘D&C Act’, it is only Drug Inspectors, who can file charge-sheet in the Court because the police after arresting the accused under the ‘D&C Act’ is required to handover the cases to the Drug Inspector concerned within twenty four hours.

3. This Court cannot lose site of the fact that as of today drug menace is one of the serious problem in the Society. Needless to say that drug abuse and the drug menace is the illicit, non-medical use of limited number of substance, most of drugs which have the properties of altering the mental state of a being in ways that are considered by social norms and defined by statute to be inappropriate, undesirable, harmful threatening to the life of the user and to the society at large. Alcohol, heroin, cocaine, opium, marijuana, are some of the drugs abused.

4. “Curiosity” it is said “Kills the Cat”. Young generation of today’s era is very inquisitive and curious. They would like to test the efficacy of whatever they see and hear of. But, unfortunately, this curiosity at times becomes fatal even to the point of death. Merely by their curiosity, as has been referred above, some of the young children go in to deal with drugs and become addicts. Today, a lot of youth are involved in this drug trade. Poverty, therefore, becomes a prime cause for this drug menace coupled with the negative attitude of the youth. The drug trade has become a multi billion dollar business gradually engulfing the globe. Unfortunately, people across the globe, who have been given/interested with duty/task to take decision, make policies and take firm action to deal with such menace, have not sat down seriously to talk of the effects of this trade. We all know that the situation is quite alarming, but, still drug menace, as a social canker, can be prevented and curbed, provided thee is will to do the same. In this regard, we need to put concerted efforts to curb this menace. Police and other authorities responsible for curbing this menace need to sit/come together and take effective decision for total eradication of this drug menace.

5. Hon’ble Apex Court, taking note of excessive use of drugs, alcohol and other psychotropic substance by young children, more particularly school going children, directed the Government of India to complete a national survey and generate national data base formulate and adopt a comprehensive national plan, which will, among other things, also address the areas of immediate concern noted earlier; and adopt specific content in the school cu

































































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