DB directives in PILregarding drug abuse in J&K

13/12/2018

JAMMU, DEC 12: In a Public Interest Litigation filed by Atharv Mahajan and Court on its Own Motion, regarding low conviction rate and acquittal in many of NPDS case, A Division Bench of State High Court Comprising Chief Justice Gita Mittal and Justice Tashi Rabstan, directed respondents to submit status report before December 26, 2018.
DB make it clear that the respondents must ensure furnishing of following information in the status report,The formal Drug Policy of the State of Jammu & Kashmir. The manner in which dissemination of information of the effects of use and consumption of drugs and psychotropic substance impacts human life shall be affected.Proposal for setting up de-addition and re-habilitation centres. Proposal for setting up of the Forensic Science Laboratories to facilitate investigation in the cases under Narcotic Drugs and Psychotropic Substances Act. The plotting of geographical location of the centres at serial No.(iii) and (iv) on a site plan. The time line within which these would be set up . Adv Deepika Mahajan appearing for the petitioner has drawn our attention to the proceedings pending before the Supreme Court of India in Criminal Appeal No.652 of 2012 Union of India v. Mohan Lal and another. She has placed before us a copy of the order dated 3rd July, 2012 passed by the Supreme Court reported in the case reported at (2012) 7 SCC 712 Union of India v. Mohan lal and another, wherein directions for collection of information from the police heads of each one of the States through the Chief Secretary concerned on the aspects (i) narcotic drugs and psychotropic substances; (ii) storage thereof; (iii) disposal/destruction thereof; and (iv) judicial supervision, were required to be submitted.DB observed that as per the court order, information on the first three aspects were required to be collected and furnished by the State Governments while on the last aspect, the information was to be supplied by the Registrar General. Ms. Deepika Mahajan, counsel for the petitioner has placed before us an order dated 28th January, 2016 passed in the same matter reported at (2016) 3 SCC 379 wherein details of information received from various State governments and Courts has been considered.
DB after perusal thereof suggests that the State of Jammu and Kashmir has not filed any response thereto.
DB also directed respondents to place before this Court the information which was placed before the Supreme Court of India in terms of order dated 3rd July, 2012. The Registrar General of this Court shall also place before this Court the information furnished to the Supreme Court in terms of the aforesaid order.
In case, the information has not been furnished, Division Bench the Director General of Police, Jammu & Kashmir and the Registrar General of this Court to collect the information in terms of the Supreme Court's order dated 3rd July, 2012 and forthwith comply with the directions of the Supreme Court issued in the aforesaid matter. Copy of the information which has been placed before the Supreme Court, shall also be placed before this Court. JNF

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