2019 Supreme(Megh) 153
IN THE HIGH COURT OF MEGHALAYA
MOHAMMAD YAQOOB MIR, H.S. THANGKHIEW, JJ.
M. Kharkongor - Appellant
Versus
State of Meghalaya - Respondent
PIL No. 13 of 2018
Decided On : 07-05-2019
For the Petitioner: Mr. S.P. Mahanta, Amicus Curiae.
For the Respondent: Mr. S. Sen Gupta, Addl. Sr. GA.
Immediate measures need to be taken to combat drug abuse and trafficking, including the formation of a Special Task Force and awareness programs, and a collective effort from all responsible citizens is required to help eradicate the menace of drugs.
Headnote:
Drug Trafficking - Drug Abuse - Court issues various directions to combat drug abuse and trafficking, including the formation of a Special Task Force and awareness programs.
Fact of the Case:
The court takes note of the dangerous consequences of drug use and the uncontrolled monitoring of drug trafficking. It issues various directions to combat drug abuse and trafficking, including the formation of a Special Task Force and awareness programs.
Finding of the Court:
The court finds that the situation of drug abuse and trafficking is deteriorating and that immediate measures need to be taken to address the issue.
Issues: The main issue is the rising drug abuse and trafficking, especially among young children, and the lack of effective monitoring and action by the authorities.
Ratio Decidendi: The court emphasizes the need for immediate action to combat drug abuse and trafficking, including the formation of a Special Task Force and awareness programs, and calls for a collective effort from all responsible citizens to help eradicate the menace of drugs.
Final Decision: The court directs the authorities to take immediate measures to check OST centers and other de-addiction centers, and to constitute a Special Task Force team of dedicated officers/officials of the police department. It also directs the Social Welfare Department to initiate special awareness programs and adjourns the matter for ten days for the respondents to file their requisite responses.
JUDGMENT :
Mohammad Yaqoob Mir, J.
Taking strong note of dangerous consequences of the use of drug and its uncontrolled monitoring and action taken by the respondents, various directions were issued.
2. State in effect has formulated the action plan for drug demand reduction/ supply reduction of narcotic drugs and psychotropic substances if same is implemented in its real spirit then definitely ground position would change. The fact of the matter is that ground realities are somewhat different.
3. At the national level, a National Action Plan for drug demand reduction has been formulated in pursuance whereof a Task Force Committee of the State of Meghalaya has prepared a draft State Action Plan.
4. Learned Amicus, after his first visit to various drug addiction centres and OST filed an affidavit, perusal of which revealed that situation is day by day deteriorating. Drug abuse and drug trafficking is totally on the rise, taking in to its sweep even small children. This fact is also supported by Ms. A Paul, Advocate, who incidentally is present in the Court and apprised the Court that yesterday in a parking lot she found a young girl carrying a child on her back begging there were some young boys moving under the influence of drugs which means there is no one to check such cases.
5. Learned Amicus, on the request of the Court after visiting various areas collected information, has prepared number of suggestions which according to him are consistent with the National Action Plan and Action Plan prepared by the State of Meghalaya. So far suggestion No.9 is concerned same is not supported by any material. So for the time being, we are not inclined to comment on such suggestion. Regarding other suggestions, the State authorities, i.e. Social Welfare Department, Health and Family Welfare Department and Home Department are required to examine and to file their respective responses. In addition thereto, they shall also file status regarding action taken on the basis of Action Plan for demand reduction as has been formulated by the State as per the National Drug Policy. If Action Plan is really implemented, then why has the situation not been brought under control? For the time being, till requisite responses are filed regarding suggestions of learned Amicus, we direct the respondent authorities to take immediate measures to check OST centres and other de-addiction centres.
6. We also direct the Director General of Police, Meghalaya to constitute a Special Task Force team of dedicated officers/officials of police department who shall periodically have surprise inspection of various locations which include parks, school gates and guest house gates so as to check if there is any movement of drug traffickers then to take necessary action under law.
7. Task Force Committee so constituted shall be asked to move occasionally in civil clothes. Only then, they shall be in a position to see what is happening at the ground level. It is directed in view of unfortunate incidents of drug abuse and roaming of certain boys and beggars under the influence of drugs. The Task Force Committee as shall be constituted by Director General of Police, Meghalaya shall make public their contact numbers so that any citizen noticing any boy or girl or any person of any age indulging in drugs or are supporting use of drugs will inform the concerned Task Force Committee on their contact numbers or in the alternative they can create helpline which shall be accessible 24/7 to anyone.
8. It has to be a collective effort of all responsible citizens to help in eradicating the menace of drugs. Social impact shall be of great help in motivating the person of every age to shun the path of use, misuse, abuse and sale of narcotic drugs.
9. Social Welfare Department in this behalf shall initiate a special programme by holding special awareness camps once a week in different parts of the State with special focus at the first instance in Shillong. While doing so, they shall involve for he