J& K High Court directs UT Govt. to follow NDPS Act strictly to control the spread of drugs

In a judgement delivered by Jammu and Kashmir High Court the government has been directed  to keep a check on the drugs in the UT where there should be strict adherence to NDPS Act. Furthermore, the aspect of giving training should be included where the officers can investigate other officers regarding disposal of seized contraband. 

The Court, while considering the Criminal Acquittal Appeal No D-107 of 2010, stated that spotting the low rate of conviction in matters pertaining to the NDPS cases. The disposal of  these cases were necessary as after analysing the situation current hand  the Registry directed  to register the said Criminal Acquittal Appeal as a Public Interest Litigation (PIL) as cause of speedy remedy. Besides, the affidavit mentioned various steps taken by the UT for creating awareness about the drug menace.

The Court highlighted the role of Police, specially on the spread of drugs; also, certain directions were issued-

Firstly, the respondent shall follow the provision contained in Section 52-A of NDPS Act with regard to the disposal of the seized contraband.

Secondly there should be regularity in surveillance process which are quite often used by the youngsters majorly students so drug culture can be avoided also adding to the aspect there should not be any kind of harassment.

Thirdly the mechanism of providing the proper training to the investigation officers as there were quite number of officers where accused has been granted acquittal merely because he has made compliance with NDPS Act and specially the officers involved in investigating must be aware about seized contraband in safe custody, particularly from the date of seizure till the specific time samples are sent to FSL for chemical analysis.

AAG Raman Sharma will be instituting a new report on disposing of the seized contraband in NDPS from 2016 until the functioning of Forensic Science Laboratory in the UT. Both the status reports should be filed before the next date of hearing, which is Dec