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2024 Supreme(P&H) 486

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sureshwar Thakur, Sudeepti Sharma, JJ.
Bhupender Singh - Petitioner
Versus
State of Haryana - Respondent
IOIN-CRA-D 1218 of 2022 in CRA-D-1218 of 2022
Decided On : 12-07-2024

Advocates:
Advocate Appeared:
For the Appellant : Ms. Bhavna Gupta Sr. DAG, Punjab
For the Respondent:Mr. Manish Bansal P.P., U.T., Chandigarh, Mr. Navjit Singh Advocate

The court mandated the training of police personnel for effective investigation of NDPS offences, ensuring statutory compliance and enhancing mechanisms for monitoring and accountability.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Police officers required to be trained for investigating offences under NDPS Act - Court directed training programs for police personnel to enhance investigative skills at Himachal Pradesh Police Training College. All necessary compliance affidavits must be furnished by Director Generals of Police of Punjab and Haryana regarding investigations and fault rectifications. Training for comprehensive monitoring of NDPS cases involves validating improvements through continuous training requirements. (Paras 7, 15, 18)

(B) Compliance - The court emphasized the necessity of adherence to its directions, ensuring all police personnel receive adequate training and that investigations under the NDPS Act are meticulously monitored to prevent previous faults in investigations. (Paras 11, 12)

(C) Suggestions - Recommendations for curbing drug demand involve drug detection kits in educational institutions, alongside enhancements to de-addiction facilities. (Paras 4, 5)

(D) Monitoring Mechanism - Court expects continuous updates from the Chief Secretaries of Punjab and Haryana regarding training implementation and statutory compliance. (Paras 60, 66) (E) Immediate requirement for compliance reports by authorities to avoid repercussions and ensure legislation is effectively enforced. (Paras 62, 63)

Judgement Key Points

Key Points: - Point 1 (!) (!) - Point 2 (!) (!) (!) - Point 3 (!) (!) (!)

How to ensure police training for NDPS investigations and monitor compliance?

What is the mechanism for immunity from prosecution under NDPS Act and how is it to be operationalized?

What is the role of designated authorities and standing operating procedures to implement Section 64 and 64-A NDPS provisions?


Table of Content
1. compliance reports on police training (Para 1 , 2 , 3 , 4 , 5 , 6)
2. direction for enhancing police training (Para 7 , 8 , 9 , 10 , 11)
3. acknowledgment of police training initiatives (Para 12 , 13 , 14)
4. focus on drug demand reduction strategies (Para 15 , 18 , 19 , 20)
5. immunity provisions for drug addicts (Para 21 , 24 , 25 , 26)
6. statutory provisions for drug trafficking (Para 27 , 34 , 36)
7. enhancing police accountability in drug-related cases through consistent training and monitoring is mandated. (Para 32)
8. court's holistic direction for societal benefit (Para 62 , 63 , 66 , 67 , 68)

JUDGMENT :

1. Compliance report by way of affidavit of Mr. Surendra Singh Yadav, I.P.S., Director General of Police, U.T. Chandigarh, is taken on record.

2. Compliance report by way of affidavit of Mr. Gaurav Yadav, IPS, Director General of Police, Punjab, Chandigarh is also taken on record.

3. Suggestions in compliance with the order made by this Court on 22.05.2024 are tendered by the former Principal, Himachal Pradesh Police Training College, Daroh, District Kangra, now DIG, Central Range, Mandi, Himachal Pradesh, and, they are taken on record.

4. Drug detecting kit presented in Court, today by Ms. Soumya Sambasivan, IPS, DIG, Police, Central Range, Mandi, HP is also taken on record.

5. This Court in paragraph 4 of the order passed on 22.5.2024, para whereof becomes extracted hereinafter, had passed directions upon the Director General of Police, U.T., Chandigarh, to draw batches of Chandigarh Police Personnel, for theirs becoming optimally enabled to investigate the offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’), thus through theirs becoming imparted training at Police Training(s) College, Daroh, District Kangra.

4. However, since the police officers/ officials of Chandigarh Police, are also required to be professionally trained, to investigate offences under the NDPS Act, thereupon, the Director General of Police, U.T. Chandigarh is directed to draw batches of Chandigarh Police personel, so that they become optimally enabled, to investigate offences under the NDPS Act, through theirs becoming imparted training, at Police Training College, Daroh, District Kangra.

6. The requisite compliance affidavit has been furnished by Surendra Singh Yadav, IPS, Director General of Police, U.T., Chandigarh. The requisite compliances to the above made directions are reported in paragraphs 2 to 4 thereof, paras whereof become extracted hereinafter.

“2. That it is submitted that in compliance of directions issued by this Hon'ble Court, the office of the deponent had requested vide letter memo no. 28450-51/B-233/2024/UT/E- 9 dated 31.05.2024 to the Principal, Himachal Pradesh Police Training College Daroh, District Kangra, to the effect that Chandigarh police intends to send 60 police personnel (ASI to Inspector) for training programs on NDPS cases in two batches (30 in each Batch) which is scheduled in the second and third week of June, 2024 at Himachal Pradesh Police Training College Daroh, District Kangra, H.P. So, to convey the Date/Schedule of the above said training for both batches as well as training charges for the same to proceed further in the matter. In pursuance to the above said letter- memo written by the office of the deponent, a communication memo no. DA-4/ courses on NDPS cases/2024/9079 dated 04.06.2024 has been received from the Principal, Himachal Pradesh Police Training College Daroh, District Kangra, by virtue of which the H.P Police Training College has given the schedule for Four days training module of investigating Officers on investigation in NDPS Cases with effective from 12.06.2024 to 15.06.2024. The copy of the above said letters memo annexed herewith as Annexure A-1 and A-2. 3. That it is submitted that office of the deponent identified the 50 Investigating Officers including Inspector, SI and ASI posted in Police Stations, Crime Branch, CBO Cell, DCC, I

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