2021 Supreme(Online)(KER) 49566
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942 WP(C). No. 9001 OF 2019(S)
PETITIONER: SUO MOTU PROCEEDINGS INITIATED BASED ON A REPRESENTATION SUBMITTED BY SRI. N. RAMACHANDRAN I.P.S. (RETIRED), REGARDING THE EFFORTS TO BE UNDERTAKEN TO CURB THE INCREASING MENACE OF DRUG ABUSE.
BY SUO MOTU RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001. 2
UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110001. 3
THE STATE POLICE CHIEF/DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695001. 4
EXCISE COMMISSIONER, DEPARTMENT OF EXCISE, NANDAVANAM,
THIRUVANANTHAPURAM-695033. 5 DIRECTOR OF HEALTH SERVICES, HEALTH DEPARTMENT, DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695035.
DRUGS CONTROLLER AND LICENSING AUTHORITY, DRUGS CONTROL DEPARTMENT, VANCHIYOOR P.O.,
THIRUVANANTHAPURAM-695035.
DIRECTOR GENERAL OF NARCOTIC CONTROL BUREAU, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, R.K. PURAM, NEW DELHI-110066.
R1, R3 & R6 BY SRI. SUMAN CHAKRAVARTHY, SENIOR GOVT. PLEADER R2, R7 BY ADV. SHRI P.VIJAYAKUMAR, ASG OF INDIA THIS WRIT PETITION(CIVIL) HAVING BEEN FINALLY HEARD ON 10-02-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
S.Manikumar, CJ Instant writ petition is registered, suo motu , taking note of the menace of drug consumption and trade, in the State of Kerala.
2. Short facts leading to the writ petition are that a representation dated 15.03.2019 has been submitted by Sri. N. Ramachandran, IPS (Retd.), former District Police Chief, Kottayam, to a Hon'ble Judge of this Court highlighting various aspects of drug abuse in Kerala. The letter has thrown light to the increasing rate of crimes committed by the youth under the influence of drugs and its alarming growth by the children/ students of both genders. The letter emphasised the need for proper utilisation of funds provided by the Central, as well as State Governments, in the field of drug abuse.
3. On consideration of the representation, this Court has decided to register a suo motu public interest writ petition. It was observed that issues concerning the rampant drug abuse were recently reported in the editorials of major newspapers in the State. It was further observed that 'Abon Kits' used by the Police in Vadodara and Gujarat can detect whether a person has consumed contraband, besides identifying the type of drug consumed. Writ court has suggested that efforts have to be taken to identify whether any 'user-friendly' device, at the same time 'less- expensive', is available, and if so, to cause it to be procured and make the same available to the Police, Excise, and such other departments for extensive use. In the above-said circumstances, instant writ petition has been registered.
4. State Police Chief/Director General of Police, Police Headquarters, Thiruvananthapuram, respondent No.3, has filed a statement dated 14.06.2019, which reads thus: A. It is stated that measures taken by the State Police to curb drug trafficking is shortly detailed as below. As per G.O.(Ms) No.180/2007/Home dated 27.07.2007, State Government have constituted a Special Action Force by name 'Kerala Anti-Narcotics Special Action Force (KANSAF)', to strengthen the enforcement of NDPS Act in the State with a State-wide jurisdiction. The main objective of the KANSAF is to curb manufacturing/cultivation, transportation, storage and sale of the use and trafficking of Narcotic and Psychotropic substances in large quantities in the State. This special force is taking effective steps curb the cultivation of cannabis also it is also engaging in collection collation and dissemination of intelligence about the cultivation, trade and trafficking of Narcotic and Psychotropic substances into and from the State, including cultivation, processing and selling of Ganja and its derivatives and other NDPS substances in the state. It also conducts various training programs for the police force with a view to equip them in dealing with drug offenders, who are having international connections and sophisticated weapons and adopting new methods in smuggling and selling of NDPS and other drugs. Various awareness programs are being conducted in Schools, Colleges, Residential areas etc to create awareness among children and youths about the abuse of Drugs and Narcotic Substances and its consequences. Currently, the Addl. Director General of Police, Crime Branch, is the nodal officer of Kerala Anti-Narcotics Special Action Force. The KANSAF team is working properly, effectively and efficiently in the state under the direct supervision of the Nodal Officer.
C. Under KANSAF, a District Anti-Narcotic Special Action Force (DANSAF), headed by the District Police Chiefs, were also constituted in each district police units for the effective enforcement of NDPS Act. An officer not below the rank of DYSP, who has a good track record and interest in the action against Narcotic substances, is designated as its District Team Leader. Strong actions are being taken to dis