Srinagar- Observing that drug problem is a serious threat to public health, safety and well-being of humanity, the High Court of J&K and Ladakh has said that the consequences of illicit drug use impact the entire criminal justice system, taxing resources at each stage of the arrest, adjudication, incarceration and post release supervision process.
“The drug problem is a serious threat to public health, safety and well-being of humanity. Our global society is facing serious consequences of drug abuse and it undermines socio-economic and political stability and sustainable development,” a bench of Justice Vinod Chatterji Koul said.
Besides, the court said, it also distorts the health and fabric of society and it is considered to be the originator for petty offences as well as heinous crimes, like smuggling of arms and ammunition and money laundering.
“Involvement of various terrorist groups and syndicates in drug trafficking leads to threat to the national security and sovereignty of States by way of Narco-terrorism,” the court said, adding, “Drug trafficking and abuse has continued its significant toll on valuable human lives and productive years of many persons around the globe.”
With the growth and development of the world economy, the court said the drug traffickers are also seamlessly trafficking various type of drugs from one corner to other ensuring availability of contrabands for vulnerable segment of society who fall into trap of drug peddlers and traffickers. “Due to India’s close proximity with major opium growing areas of the region, India is facing serious menace of drug trafficking and as a spill-over effect, drug abuse especially among the youth is a matter of concern for us,” the court said.
The Constitution framers, the court said, had visualised danger of misuse of such type of substances and, thus, made it part of directives issued to the State.
“The Directive Principles, which are part of our Constitution, lay down that the State shall make endeavours to bring about the prohibition of substances injurious for health except for medicinal and scientific purposes. In recent years, India has been facing a problem of transit traffic in illicit drugs,” the court said, adding, “The spill over from such traffic has caused tribulations of abuse and addiction.”
This trend has created an illicit demand for drugs within the country, the court said.
“The illicit traffic in narcotic drugs and psychotropic substances poses a serious threat to the health and welfare of the people and activities of persons engaged in such illicit traffic have a deleterious effect on the national economy as well,” the court said, adding, “Having regard to the persons by whom and the manner in which such activities are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to the illicit traffic in narcotic drugs, such activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities to provide for detention of persons concerned in any manner therewith.”
The consequences of drug use, the court said, usually are not limited to user and often extend to the user’s family and the greater community.
“The consequences of illicit drug use impact the entire criminal justice system, taxing resources at each stage of the arrest, adjudication, incarceration and post release supervision process,” the court said, adding, “It impacts productivity. It causes premature mortality, illness, injury leading to incapacitation and imprisonment all serve to directly reduce national productivity. Public financial resources expended in the areas of health care and criminal justice as a result of illegal drug trafficking and use are resources which could otherwise be available for other policy initiatives.”
The global drug problem presents a multifaceted challenge that touches the lives of millions worldwide, the court said. “From individuals struggling with substance use disorders to communities grappling with the consequences of drug trafficking and organized crime, the impact of drugs is far reaching and complex.”
There is a great loss of productivity associated with drug-related premature mortality, the court underlined.
“Although it is difficult to place a dollar value on a human life, a rough calculation of lost productivity can be made based on the present discounted value of a person’s lifetime earnings,” the court said, adding, “There are also health-related productivity losses. An individual who enters a residential drug treatment program or is admitted to a hospital for drug treatment becomes incapacitated and is removed from the labor force.” The court made the observations while upholding the PSA detention of an alleged drug peddler Hilal Ahmad Dar of Kupwara.
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