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
Key Points: - Point 1 (!) (!) - Point 2 (!) (!) (!) - Point 3 (!) (!) (!)
| 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
AI
The court mandated the training of police personnel for effective investigation of NDPS offences, ensuring statutory compliance and enhancing mechanisms for monitoring and accountability.
The court emphasizes the need for effective coordination among enforcement agencies to address drug-related issues and hold officials accountable.
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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.
Grant of bail for non-compliance of mandate of Sections 41 and 41-A of Cr.P.C., 1973. – Directions contained in Paras 100.2, 100.4, 100.7 of Satender Kumar Antil v. Central Bureau of Investigation, (....
Suspension of sentence and grant of bail – A person who had undergone five years of pre-convict custody is entitled to be released on bail, on touchstone of Article 21 of Constitution of India.
Repeated possession of small quantities of drugs constitutes anti-social activity within the meaning of KAAPA, allowing for preventive detention; thus, a person may be classified as a 'goonda' withou....
The court upheld the validity of Ext. P6 and Ext. P9 notifications issued by the Central and State Governments, respectively, and emphasized the principles of res judicata in dismissing the petitione....
The main legal point established in the judgment is the necessity of strict enforcement and custodial interrogation for effective investigation in drug trafficking cases under the NDPS Act.
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