After 10 years, HC closes suo motu proceedings in Punjab drug menace

Friday’s verdict comes nearly five months after four of three sealed cover reports submitted before the HC in the case were opened. The final status report had largely talked about the emergence of “certain serious acts of misconduct” on the part of now-dismissed inspector Inderjit Singh.

The division bench of Justice G S Sandhawalia and Justice Harpreet Kaur Jeewan, taking into consideration the final status report submitted by the special investigation team held, “The three-member SIT had held that the posting of Inderjit Singh with other officers would be a subject matter of separate inquiry… we are of the considered opinion that it would be open for the state and the STF… to go into the said issue, as it is not for this court to restrict the investigation in any manner in case there is sufficient proof of any complicity of other police officers with Inderjit Singh and dismissed Punjab Police Service (PPS) officer Raj Jit Singh.” The Amicus Curiae in the matter, Gaurav Mohunta, told the HC that while drug abuse affects the younger generation, they are initiated into it due to peer pressure arising out of studying in educational institutions and due to easy availability of time.

To this, the HC said, “In such circumstances, it is for the education department to ensure that the syllabus provides for the harms of drug usage, which could be incorporated in the early years of education… so that students are well versed and educated about the wrong doing that they would be indulging in if they experiment with drugs.”

It added that it is for the education department also to make documentaries and ask students to attend seminars so that they can interact with people who had undergone rehabilitation for drug addiction.

The HC asserted that counseling services provided by the Indian Red Cross Societies and private registered societies should be given by trained individuals. It maintained that forcing addicts only because they have been left at rehab centres by their families to undergo de-addiction in order to ensure that they do not come in contact with the habitual suppliers and peers is not the only methodology.

“The addict should also be encouraged to share their problems and experiences and asked to discuss such issues with family members so that the counselors can identify the problems… and give further suggestion on how patients are to be treated…,” the HC said. The de-addiction centres should be advertised with the aid of a national helpline, it added.

The HC directed that all the three state legal services authorities, with the help of district legal services authorities, should work on ‘Victims of Drug Abuse and the Eradication of Drug Menace Scheme, 2015’, raising awareness by collaborating with government agencies and NGOs.

Meanwnhile, the HC held that the list of 25 directions issued by the Delhi High Court to the Delhi Police in a 2017 case, on controlling the supply chain and over intravenous drug use that could lead to HIV and AIDS, shall also apply ‘mutatis-mutandis’ to Haryana and Chandigarh. Earlier, these were only applicable to Punjab.

The list of directions given to the state included launching special awareness drives to make the people aware of the ill-effects of drugs on society; providing latest kits to investigating officers to probe matters under Opium Act, NDPS Act and other allied Acts and also holding refresher courses periodically to apprise the police personnel of the procedure to be adopted while probing cases under the NDPS Act.

The HC said, “…The state government, through the DGP, is directed to register cases against the kingpins under the Prevention of Money Laundering Act, 2002, at the time of lodging FIRs under NDPS Act and Opium Act.” It added that if necessary, the properties of the kingpins can also be attached provisionally.

“…Since the drugs menace has attained alarming proportion, the state government is directed to establish rehabilitation centers in each district of the state within six months from today…,” the HC said, adding that one psychiatrist will be appointed for counseling in each rehab centre.

The court further said that all educational institutions are to appoint the seniormost teacher as the nodal officer to counsel the students on every Friday about the ill-effects of drugs.

“In case, he finds any drug abuse or symptoms, he shall be at liberty to summon the parents of students. The parents will be sensitised…,” the list of directions added. The HC further said that police officers shall ensure that no minor is served drugs or alcoholic beverages in any medical shop, bar, restaurant and through vend. It added that school management, principals and teachers shall be encouraged to look out for peddlers in their vicinity and report them to the police immediately.

The state government is also directed to sensitise the prison staff in detecting and seizing drugs in prisons, the court said.