Srinagar- The High Court of J&K and Ladakh has directed that the investigation of cases under Narcotic Drugs and Psychotropic Substances Act be henceforth conducted by a specialized cell/team of officers specifically trained to deal with cases under the NDPS Act with an officer not below the rank of Sub-Inspector as its head.
A division bench of Justice Atul Sreedharan and Justice Mohammad Yousuf Wani also underlined that the Investigating agencies need to reach to the root and to also identify the real culprits behind the crime by ascertaining the source of narcotic drugs.
“All the concerned agencies viz Central Excise, Narcotics, Customs, Revenue Intelligence and Police are expected to rise to the occasion and investigate the Narcotic cases with utmost responsibility and fairness,” the bench said, “The Investigating agencies need to reach to the root and to also identify the real culprits behind the crime by ascertaining the source of narcotic drugs.”
The menace of drug addiction is more dangerous than any pandemic and thus the drug paddlers and addicts need to be distanced from society, kept in jail quarantine and then reformed in drug deaddiction centers.
“It is quite shocking that medicines containing the Narcotic drugs and/or Psychotropic Substances as sole constituent-s or in the mixture are being sold as Over-the-Counter drugs for petty gains being unmindful of the devastative effects and deadly impact of the same on the society as a whole.”
The manufacture, supply, transportation, sale and purchase of Narcotic Drugs and Psychotropic Substances being prescribed and used as medicines should be strictly accounted for, right from the manufacturer upto the purchaser, the court said.
“The Medical distributors, retailers, Pharmacists and all the Druggists shall as per the law, rules and the Regulations governing the field sell the drugs containing Narcotic and Phototrophic Substances, for medicinal use only on the prescriptions of the Doctors or registered Medical Practitioners,” the court said, adding, “They shall keep the record of the sale of such Drugs in order to prevent any misuse or abuse of the same. The Drug Control Department, Narcotics Control Bureau, Police and other concerned agencies are expected to be vigilant in the matter.”
The court said that it was “equally surprising” that investigations in NDPS cases are most often being entrusted to “incompetent” officers.
“As per the provisions of the Section 175 of BNSS read with Section 53 of the NDPS Act, an officer In-charge of a Police Station can investigate the offences under the NDPS Act. So a case under the NDPS Act cannot be investigated by a police officer below the rank of a Sub Inspector,” the court said.
The court said that a Division Bench of the Court has already in a Public Interest Litigation (No. 05/2013 titled as “Court on its Own Motion” Vs. State of J&K and Others (Jammu Wing)) passed a series of directions to ensure that in NDPS cases, the investigation is conducted in a proper and professional manner by adhering to the mandatory provisions of the Act so as to minimize the acquittals in justified cases.
The Central and State/UT Governments as such need to authorize the experienced and competent officers of Central Excise, Narcotics, Customs, Revenue Intelligence, Police etc to exercise powers under Sections 41, 42 and 43 etc of the NDPS Act, the court said.
The Court underlined that a casual approach of the Investigating agencies in the matter of the investigation in NDPS cases creates a sense of insecurity and undermine the faith of the common man in the administration of the criminal justice.
“Investigation of cases under NDPS be henceforth conducted by a specialized cell/team of officers specifically trained to deal with cases under the NDPS Act with an officer not below the rank of Sub-Inspector as its head under the close supervision of a gazetted officer who shall monitor the progress of investigation on day to day basis and issue written guidelines to the team,” the court said while upholding acquittal of a man from Rajouri district under the NDPS case registered in 2015.
The Court also ordered that a good number of the qualified and competent officers should be sent for refresher courses by Home Department to learn the Drug Law Administration and enforcement including NDPS and PITNDPS Acts and Rules framed thereunder.
“We, however, appreciate the efforts of the Government of Jammu and Kashmir Home Department, Civil Secretariat, Srinagar, in issuing the circular No. 02-Home of 2017 dated 25.09.2017 prescribing the Standard Operating Procedure(s) to be followed in NDPS cases and expect that same shall be pressed into service,” the court said, adding, “We shall be failing in our duty, by not directing that NDPS cases shall be tried under law, by the Special Courts under the Act and by other Sessions Court with utmost diligence as priority sector litigation.”
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