IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPIL No.65 of 2017 Date of decision: 14.03.2018 Court on its own motion ….Petitioner Versus State of H.P. & Others ….Respondents Coram The Hon’ble Mr.Justice Sanjay Karol, Acting Chief Justice.

The Hon’ble Mr.Justice Sandeep Sharma, Judge.

Whether approved for reporting ?¹ Yes.

For the Petitioners: Mr.Satyen Vaidya, Senior Advocate as Amicus Curiae with Mr.Vivek Sharma, Advocate.

For Respondents-State: Mr.Ashok Sharma, Advocate General with Mr.Adarsh K.Sharma, Additional Advocate General and Mr.J.K. Verma, Deputy Advocate General.

Per 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

1 Whether the reporters of Local Papers may be allowed to see the judgement

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 froom 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 gcases 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 larg.e.

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 wohatever 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 gacross 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 ne