Framing Rules under NDPS Act


Despite being scolded by the State High Court a number of times over non-serious approach towards the menace of drugs, the Government is dilly-dallying on framing Rules under Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which otherwise are imperative to achieve the objectives behind the legislation. Moreover, no effective steps have so far been initiated for setting up of drugs de-addiction centres in different parts of the State to provide treatment to the increasing number of youth falling prey to the menace and for ensuring strict adherence to the Standard Operating Procedure (SOP) prepared last year by the Home Department. The Section 78 of the NDPS Act confers powers on the State Government to make Rules for carrying out the purpose of the principle Act. Similarly Section 71 confers powers on the Government to establish centres for identification, treatment, after-care, rehabilitation and social re-integration of the drug addicts.
After its much criticism from different quarters and numerous directions from the State High Court, the Government vide Order No.681-GAD dated April 24, 2018 constituted a committee headed by Administrative Secretary, Finance Department for formulation of draft Rules of the Narcotic Drugs and Psychotropic Substance Act for establishment of sufficient number of drugs de-addiction centres in the State. However, despite lapse of over seven months the committee has failed to come up with draft Rules under NDPS Act. Moreover, the Government didn't find it appropriate to pass directions to the committee for completion of assigned task without further delay. Had Rules been prepared and approved during the past seven months, process would have been set into motion for establishment of sufficient number of drugs de-addiction centres in different parts of the State, at present there are only two full-fledged de-addiction centres in Jammu and Kashmir. It is pertinent to mention here that Division Bench on November 14 observed, "no action plan has been formulated by any authority with regard to menace of drugs in the State. We, therefore, request the Chief Secretary to convene a meeting of the concerned departments and authorities to carve out an action plan for addressing the menace. The action plan should include setting up of de-addiction centres in various districts of the State". Moreover, there is no proper coordination between enforcement agencies the thrust on which was laid in the Standard Operating Procedure (SOP) prepared by the Home Department in the month of September last year.

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