Justin Pallivathikal v. Union Of INDIA - Kerala High Court, 18 Nov 2022

Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 18TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944 WP(C) NO. 31953 OF 2022 PETITIONER:

JUSTIN PALLIVATHIKAL, AGED 46 YEARS, S/O JOSEPH PALLIVATHIKKAL, PALLIVATHIKKAL HOUSE, PUTHUPARIYARAM P.O, PALAKKAD, PIN-678731.

BY ADVS. SRI. RAJU JOSEPH (SR.)

SRI. J. JULIAN XAVIER SRI. NIRMAL KURIEN EAPEN SRI. FIROZ K.ROBIN SRI. C. JOSEPH ANTONY RESPONDENTS:

1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110001.

2 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

3 DIRECTOR GENERAL OF NARCOTIC CONTROL BUREAU, MINISTER OF HOME AFFAIRS, GOVERNMENT OF INDIA, R.K.PURAM, NEW DELHI-110066.

4 THE NATIONAL INVESTIGATION AGENCY GIRI NAGAR, KADAVANTHRA, KOCHI-682020.

5 THE STATE POLICE CHIEF/DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN-695001.

6 THE EXCISE COMMISSIONER, DEPARTMENT OF EXCISE, NANDAVANAM, THIRUVANANTHAPURAM-695055.

WP(C):31953/2022 -:2:- 7 DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695035.

8 DRUGS CONTROLLER AND LICENSING AUTHORITY, OFFICE OF THE ASSISTANT DRUGS CONTROLLER, 4TH FLOOR, OLD BLOCK, CIVIL STATION, KAKKANAD, ERNAKULAM-682030.

9 THE TRANSPORT COMMISSIONER, S-301, 3RD FLOOR, SOUTH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001.

R1 & R3 BY ADV. SHRI MANU S., DSG OF INDIA R2, R5 TO R9 BY SENIOR GOVT. PLEADER SHRI S.KANNAN BY ADV. SRI. SUVIN R. MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C):31953/2022 -:3:- J U D G M E N T S. Manikumar, C. J.

Instant writ petition is filed for the following reliefs:

(i) A Writ of Mandamus, any other appropriate direction or order directing respondents 1 & 2 viz., Union of India, represented by the Secretary to the Government, Ministry of Home Affairs, New Delhi; and State of Kerala, represented by the Chief Secretary, Thiruvananthapuram, to constitute a Special Task Force consisting of respondents 3 to 9, for the purpose of investigation and for prosecution of the offenders.

(ii) A Writ of Mandamus, any other appropriate direction or order, directing the Special Task Force, constituted in terms of prayer (i), to file periodical reports to this Court.

(iii) A Writ of Mandamus, or any other direction or order directing the respondents to procure sufficient number of machines like Abon Kits or such other feasible equipment and to conduct test using the same so that consumption of Narcotic Drugs can be detected easily.

(iv) A declaration that any person found to be in possession or consumed Narcotic Drugs is dis-entitled to get appointment in any public service.

2. Brief material facts for disposal of the writ petition are that, petitioner, a citizen of India and claiming to be a social worker, has stated that he is deeply involved in many social activities with bona fide intention of educating and correcting the society and fighting against social evils.

WP(C):31953/2022 -:4:- 3. Petitioner has stated that from the experience he gathered so far, the problem of drug abuse is eating the society in many ways. It is found to be not only a National problem, but a Global problem.

4. Petitioner has further stated that considering its potential, in order to eradicate the problem, measures are required. Even though the State Government and its instrumentalities are taking steps to eradicate the problem, no considerable progress could be achieved so far. The main reason, according to the petitioner, is that there is no coordinated effort to tackle the problem.

5. Petitioner has further stated that the efforts so far made are only to detect the consumers or the retail sellers. No investigation is conducted to trace out the actual source and to apprehend such wholesale dealers. So also, it is internationally well accepted that the dirty money amassed through drug peddling is utilized for terrorism and other insurgency activities. Unless there is coordination between different departments under the State Government and also under the Union Government, the problem cannot be effectively dealt with.

WP(C):31953/2022 -:5:- 6. Petitioner has further stated that the Narcotic Drugs And Psychotropic Substances Act, which was passed way-back in 1985, contains specific provision for a coordinated action. However, no such action is seen to have taken so far. Therefore, the petitioner prays that a Special Task Force should be constituted by involving the respondents herein and investigation be carried out to trace the actual source of narcotic drugs and further chain before it reaches the consumers.

According to him, in order to make the working of the Special Task Force effective and meaningful, it is absolutely necessary that the working of the Special Task Force be carried out under constant monitoring of this Court. Hence, the writ petition is filed for the reliefs stated supra.

7. Refuting the averments in the writ petition, a counter affidavit has been filed by the State Police Chief / Director General of Police, Thiruvananthapuram, the 5th respondent, which is reproduced:

A. At the outset, it is respectfully submitted that the petitioner is not entitled for any of the reliefs, as sought for, in the above Writ Petition (Civil). Petitioner has no bona fides to prefer the Ibid pro bono Writ Petition. Petitioner has not made out any

WP(C):31953/2022 -:6:- case, so as to warrant interference of this Court, invoking the extraordinary jurisdiction under Article 226 of the Constitution of India. Writ Petition (Civil) is neither maintainable in law nor on facts.

B. The allegations made by the petitioner in the Writ Petition that though the State Government and its instrumentalities are taking steps to eradicate the menace of drug abuse, no considerable progress could be achieved for want of coordinated effort and that the effort so far made by the State Government and its instrumentalities are only to detect the consumers and the retail sellers and that no investigation has been conducted to trace out the actual source and to apprehend the wholesale dealers are all baseless and incorrect.

C. Contrary to the allegations made by the petitioner, Kerala Police is taking earnest and effective steps to curb the menace of drug abuse in the State of Kerala. Effective and earnest steps are pressed into service for properly enforcing the Narcotic Drugs and Psychotropic Substances Act of 1985 (hereinafter referred to as Act of 1985, for short and convenience), in the State of Kerala. The enforcement of Act of 1985 is being carried out through the Kerala Anti Narcotic Special Action Force (hereinafter referred to as KANSAF, for short and convenience), constituted in the year 2007. The KANSAF consists of a team of not less than 15 members, per district, with a Deputy Superintendent of Police, as its team leader. Those who have capability and genuine interest to detect NDPS cases are only selected to the team.

WP(C):31953/2022 -:7:- D. The district arm of KANSAF is District Anti Narcotic Special Action Force (hereinafter referred to as DANSAF, for short and convenience), which is being headed by the respective District Police Chiefs. KANSAF and DANSAF are collecting the source of transportation of drugs, details of its manufacture, storage, sale, its consumption and used to detect cases connected therewith. The performances of KANSAF and DANSAF are being reviewed by the State Police Chief and District Police Chiefs, concerned, at regular intervals.

Among other, the main functions of KANSAF are as under:

(a) To collect, collate and disseminate intelligence about the cultivation, trade and trafficking of NDPS into and from the State, including cultivation, processing of Ganja, its derivatives and other NDPS substances in any part of the State;

(b) To act as a Special Operation Force against the offenders, either by themselves or in co-operation with other Government agencies.

(d) To liaise with the enforcement agencies of the centre and other States.

(e) To arrange a training programme for the police personnel, with a view to equip them in dealing with drug offenders having International connections.

E. Apart from KANSAF, the District Narcotic Cell headed by Deputy Superintendent of Police is also engaged in drug law enforcement. Even at the grass root level, police officers/ personnel of police stations actively carry out the enforcement activities under the Act of 1985, along with other duties.

WP(C):31953/2022 -:8:- F. Over and above, Special Action Groups (hereinafter referred to as SAG's, for short and convenience) are formed in every district to combat against organized crimes, with special focus on drug trafficking. SAG is headed by Deputy Superintendents of Police (Narcotic Cell) who are assisted by DANSAF. Furthermore, at station level, anti organized crime cells have been formed to fight against drug trafficking.

G. It is respectfully submitted that Kerala Police had initiated another programme, 'Our Responsibility to Children' (ORC), in the year 2010, to identify, scientifically correct, and reintegrate to the mainstream, the children with deviant behavior, especially of substance abuse. Now, ORC is being implemented by the Women and Child Development Department under the ICPS scheme, in collaboration with various departments, including the Kerala Police. This programme has evolved over the years through trial and error methods with the support of eminent psychiatrists, psychologists, teachers, social activists and police officers.

H. Recently Kerala Police, in partnership with other stakeholders, had launched another initiative, 'Project Hope', to identify early school drop outs and children failing in SSLC/+2 examinations and to help them to achieve academic success and to acquire soft and employable skills. Due to condemnation of the society and low self esteem, these children are often more susceptible to substance abuse, as they fall prey to the anti social elements. 'Project Hope' is an initiative to enhance their self-dignity and self-worthiness.

WP(C):31953/2022 -:9:- Inspired by the success of the pilot in Central Kerala, the project is now being extended all over the State.

It is further contended that Kerala Police had launched a student centered project, 'Student Police Cadets' (SPC), which is a two year capacity building programme, to enable high schools students to evolve as responsible and capable citizens by inculcating respect for the law, inner capability, self- discipline, civic sense, empathy for vulnerable sections of the society and resistance to social evils. They are also helping police in collecting and sharing intelligence about the presence of narcotic substances, in and around their schools. SPC's are being trained in anti-drug abuse, as well. Out of the 88,000 cadets in 1000 schools, 21209 SPC's have been given training in anti-drug abuse, so far.

It is further contended that though the main function of the Police Department is to reduce and control the supply side of the drug trafficking network, the purpose cannot be achieved without controlling the demand side of drug trafficking. To control the demand side of supply chain of drug trafficking, a programme namely, "YODHAVU' was launched, with the association of all the stakeholder departments, such as, Education, Health, Excise, Social Justice, LSGD, NGO's working in the field of anti drug abuse, social workers, counselors, UNODC, etc. The main objective of the programme is to educate the students of all higher secondary schools, colleges (technical and non-technical) and the universities of the State of Kerala on the harmful effects of

WP(C):31953/2022 -:10:- drug abuse and its implication on life. The programme aims to create awareness on the ill effects of drug abuse among parents and family members of the students, teachers of schools, colleges and universities, other sections of society, etc., and to impart training to teachers/parents and community leaders for easily identifying drug users based on the behavior change and further to help them to rehabilitate.

It is further contended that the Kerala Police had developed an application namely, "Yoddhav”, based on the extremely popular platform of WhatsApp, for fighting against the alarming increase of drugs abuse in the State of Kerala. This application enables a person to share information about the drugs smugglers with the Police department, anonymously.

Not even the police personnel, who receive messages on the application, know about the identity of the informant. A person can share the information about the drug mafia by text, audio, video, messages or pictures. Thus, by sharing information about the drug smugglers, all the citizens can become warriors against the menace of drug abuse.

L. It is further contended that, 'Anti Narcotic Clubs' (ANC) are being opened in all the schools and colleges. These clubs consist of the Principal/Headmaster of the school, PTA President and its representatives, one teacher as Co-ordinator, Station House Officer as Convener, students' representatives, counselors, etc. So far, 879 ANC's have been started across the State of Kerala. The respective Station House Officers convene a meeting of all the ANC's atleast once in a month.

WP(C):31953/2022 -:11:- The Deputy Superintendent of Police (Narcotic Cell) concerned, is the Nodal Officer for co-ordinating the activities of ANC's. The teachers are being provided with two days training for conducting anti drug abuse activity in the school.

The training will focus on identifying students, who have become victims of drug abuse, and also on counter drug abuse awareness. So far, 26 training programmes have been conducted by the experts in the field and that training has been given to 1293 teachers. A training framework has already been prepared and is being implemented. So as to provide training to teachers, 232 experts have been selected as resource persons, as well.

M. It is further contended that many short films and videos have also been created at the instance of respondent No.5, to spread awareness about the evil effects of drug abuse. Social media platforms and electronic media are also used for creating awareness. As of now, 18 videos/short films have been prepared. Activities like Cycle rally, Walkathon, Marathon and other sports activities are being conducted for creating awareness about drug abuse. Dramas, flash mobs, magic shows, street shows, skits, etc., at busy places are being conducted for creating awareness in the said regard.

N. Moreover, interstate buses and trains are being constantly checked to detect illegal transportation of drugs and other contraband items. Frequent district level interactions are made with similar departments to curtail drug trafficking and to exchange information and to collect intelligence regarding

WP(C):31953/2022 -:12:- drug trafficking. The pharmacists in medical stores and hospitals have been alerted to identify regular consumers of psychotropic drugs and to pass over the information to the Station House Officers concerned. They have been strictly directed not to deliver psychotropic drugs to any person, below the age of 18 years, without valid prescription notes of a medical practitioner. The ex-convicts in similar cases are also being observed constantly, since habitual offenders often act as carriers of drugs and users of drugs. They are also monitored secretly. Moreover, the people who travel to other states frequently and migrant labourers are also kept under watch. Respective Range Deputy Inspector General of Police has been further directed to coordinate the action within their jurisdiction. Periodical review meetings are being conducted to monitor the action against drugs.

O. It is further contended that in addition to routine detection of NDPS cases, special drives at least once in every two weeks are being conducted to detect NDPS cases. Once the cases are detected, special attention is given towards locating the 'source' and the people involved in the network in all commercial quantity cases. As per the records, 1377 black- spots which are more prone to drug trafficking and drug abuse have been identified in 472 police stations limits and special attention are being given to those black-spots.

P. It is further contended that as a part of enforcement, in the year 2022, so far, 22699 cases have been registered and 25025 persons have been arrested as per the records. This is four

WP(C):31953/2022 -:13:- times more than the value over the years, 2020 and 2021, respectively. Similarly, record quantities of MDMA (13.19 Kg), Hashish/Hashish Oil (37.98Kg) and Brown Sugar/Heroin (1.03 Kg) have been seized during the year 2022.

Furthermore, 2954.64 Kg of Ganja has also been seized in the present year. There is a considerable increase in the seizure of synthetic drugs when compared to the previous years. The details of NDPS cases registered and quantity of items seized for the last two years and the current year are as under:

Year Number of cases register -ed Number of Accused Arrested Ganja seized in Kg MDMA seized in Kg Hashish/ Hashish Oil seized in Kg Brown sugar/ Heroin seized in Kg 2020 4650 5674 2661.41Kg 0.316Kg 5.010Kg 0.066Kg 2021 5334 6704 3841.83Kg 2.739kG 6.236Kg 0.031Kg 2022 22699 25025 2954.64Kg 13.19Kg 37.98Kg 1.03Kg Q. It is further contended that the Kerala Police is now using Multi Drug Detection Kits, viz., Multi Urine Drug Kit, Narcotic Drugs Detection Kit, Precursor Chemicals Detection Kit, Ketamine Detection Kit and that so far, 263 numbers of Multi Drugs Detection Kits have been procured for the Kerala Police. The District Police Chiefs have reported that the above said drug detection kits are very effective and useful in detecting crimes pertaining to NDPS. It can detect whether the suspect have consumed the narcotics drugs viz., opium, morphine, codeine, heroin, amphetamines, mescaline, cocaine, methaqualone, marijuana, hashish, hashish oil etc. Action for procuring more Multi Drugs Detection Kits for the Kerala Police is being taken at the instance of respondent No.5. At

WP(C):31953/2022 -:14:- the same time, District Police Chiefs reported that these Kits have some disadvantages, as well, which are as under:

(a) It shows result, only whether drug is consumed or not.

It cannot measure the volume of the drug used.

(b) It cannot identify the derivative of the drug which has been consumed.

Furthermore, it is contended that as per Order No.1- 12023/02/2017-NCB-II (Vol-1) dated 25.03.2022, the Ministry of Home Affairs, Government of India have suggested to establish a dedicated 'Anti Narcotics Task Force' (ANTF) headed by ADGP/IG level Police Office, with sufficient manpower, capable of handling the illegal drug trafficking. Accordingly, as per letter dated 04.05.2022, the matter has been taken up with the Government and is pending consideration.

It is further contended that facts being thus, the State Government and its instrumentalities, including respondent No.5 are taking earnest and effective steps to curb the menace of drug abuse in the State of Kerala. The facts and figures stated in the preceding paragraphs speak at large, the comprehensive and holistic approach being adopted by the Kerala Police, in the issue concerned. Effective steps have been taken and are being pressed into service, to break the supply chain at its very origin. Allegations and averments made by the petitioner contrary to the above are incorrect and are made, without any bona fides.

T. It is respectfully submitted that since the proposal for creating 'Special Anti- Narcotic Task Force', at the instance of Central

WP(C):31953/2022 -:15:- Government, for handling the cases related to illegal drug trafficking is now under the active consideration of the State Government, there is no need to constitute another Special Task Force, for conducting investigation into the cases related to drug abuse, as is sought for by the writ petitioner. For the foregoing reasons, the respondent No.5 prayed for dismissal of the Writ petition.

8. Heard Mr. Raju Joseph, learned Senior Counsel appearing for the petitioner, assisted by Adv. Mr. Julian Xavier J., Mr. S. Kannan learned Senior Government Pleader for the State, and perused the material on record.

9. We have also gone through the counter affidavit filed by the State Police Chief/Director General of Police, Thiruvananthapuram.

Drug menace cannot be eradicated overnight. All that we have to see is whether the State Government have taken appropriate steps.

10. Giving due consideration to the averments in the counter affidavit of respondent No.5, the State Police Chief/Director Generalof Police, Thiruvananthapuram, we cannot say that the Government and the authorities have not taken measures to prevent/eradicate the menace of drug abuse.

WP(C):31953/2022 -:16:- 11. Further, Mr. S. Kannan, learned Senior Government Pleader, placed before this Court along with letter dated 25.04.2022 of the Additional Chief Secretary to the Government to the State Police Chief, Kerala, the order passed by Joint Secretary (IS-II), Ministry of Home Affairs, New Delhi dated 25th March, 2022, wherein they have mentioned about the composition of Apex Committee at the Central Government level; Executive Committee; State Level NCORD Committee, District Level Committee, and their terms of reference etc.

Said letter is reproduced hereunder:

“No.1-12021/02/2017-NCB-II(Vol-I) Government of India Ministry of Home Affairs IS-II Division North Block, New Delhi.

Dated: 25 March, 2022 ORDER Subject: Restructuring of Narco Coordination Centre (NCORD) Mechanism - Reg.

In continuation of this Ministry Order No. 1- 12017/18/2013-NCB-11, dated 22nd November 2016, subsequently amended vide Order No. 1-12023/2/2017- NCB-II, dated 29th July, 2019, Order No.1-12023/2/2017- NCB-11 (Vol.1), dated 5th December, 2019 & Order No.1- 12023/2/2017-NCB-II (Vol.1), dated 25th June, 2020, regarding constitution of the Narco Coordination Centre (NCORD), it is informed that a necessity has arisen to

WP(C):31953/2022 -:17:- further restructure/redesign the existing NCORD mechanism for improving coordination among various stakeholders in policy matters as also improving the mechanism to tackle field-level issues.

2. Accordingly, the revised structure of different tiers of NCORD mechanism shall be as detailed below.

(1) Apex Committee at the Central Government Level (a) Composition:

i) Union Home Secretary

- Chairperson ii) Secretary, Department of Revenue - Member iii) Secretary, M/o Health & Family Welfare - Member iv) Secretary, M/o Social Justice & Empowerment - Member v) Secretary, M/o Ports, Shipping & Waterways - Member vi) Secretary, M/o Chemicals & Fertilizers - Member vii) Secretary, Deptt. of Pharmaceuticals - Member viii) Chairman, Central Board of Indirect Taxes & Customs - Member ix) Chief Secretaries of all States - Member x) Director General of Police of all States - Member xi) Special Secretary (IS), MHA - Member xii) Director, Intelligence Bureau - Member xiii) The Drug Controller General (India) - Member xiv) Representative, Indian Navy - Member xv) Director General, Indian Coast Guard - Member xvi) Director, National Crime Records Bureau - Member xvii) Director General, National Investigation Agency - Member xviii) Principal Director General, Directorate of Revenue Intelligence - Member xix) Joint Secretary, IS-11, MHA - Member xx) Director General, NCB - Member-Convener (b) Terms of Reference of the Committee:

(i) Monitoring drug trafficking situation in the country and implementation of National Policy on Narcotic Drugs and Psychotropic Substances.

(ii) Addressing issues of coordination between various Central Government Ministries /Departments on matters of policy.

WP(C):31953/2022 -:18:- (iii) Addressing issues of coordination between the Central Government and the State Governments on policy matters.

(iv) Addressing issues of Capacity Building & Training at the National level.

(v) Modifications in existing norms/guidelines/rules/ laws relating to drug trafficking and related matters, wherever necessary.

(vi) Examine the need for extending control over new substances, independent of international scheduling.

(vii) Any other issue, as deemed fit.

(d) Co-opted member: With the permission of the Chair, the Apex Committee may co-opt representatives from any Central Govt. Departments/Organizations or from State Govts. as members based on its requirement as “Special Invitees”.

(II) Executive Committee (a) Composition i) Special Secretary (IS), M/o. Home Affairs - Chairperson ii) Director General, NCB - Member iii) Joint Secretary, Department of Revenue, MoF - Member iv) Joint Secretary, M/o Health & Family Welfare - Member v) Joint Secretary, M/o Social Justice & Empowerment - Member vi) Joint Secretary, M/o Ports, Shipping & Waterways - Member vii) Joint Secretary, M/o Chemicals & Fertilizers - Member viii) Joint Secretary, Dept. of Pharmaceuticals - Member ix) Joint Secretary (IS-II), MHA - Member x) Joint Director, Intelligence Bureau - Member xi) Joint Drugs Controller (India) - Member xii) Pr. ADG, DRI - Member xiii) Commissioner, Anti-Smuggling, CBIC - Member xiv) Inspector General, NIA - Member xv) Inspector General, NCRB - Member

WP(C):31953/2022 -:19:- xvi) Representative, Indian Navy - Member xvii) Inspector General, Indian Coast Guard - Member xviii) Dy. Director General, NCB - Member-Convener (b) Terms of Reference of the Committee:

(i) Monitor progress of the implementation of the decisions taken by the Apex Committee.

(ii) Monitor implementation of the National Policy on Narcotic Drugs and Psychotropic Substances.

(iii) Any other issue, as deemed fit.

(d) Co-opted member: With the permission of the Chair, the Executive Committee may co-opt representatives from any Central Govt. Departments/Organizations or from State Govts. as members based on its requirement as “Special Invitees”.

(III) State Level NCORD Committee (a) Composition:

i) Chief Secretary of the State - Chairperson ii) Additional Chief Secretary (Home)/ Principal Secretary (Home)/Secretary (Home) of the State

- Member iii) Director General of Police

- Member iv) Principal Secretary, State Health & Family Welfare - Member v) Principal Secretary, Dept. of Social Welfare - Member vi) Principal Secretary, Deptt. Of Forests - Member vii) Principal Secretary, Deptt. Of Agriculture - Member viii) Principal Secretary, State Excise - Member ix) Principal Secretary, Deptt. Of Education - Member x) Representative, Coastal Police (In coastal States) - Member xi) Chairman, Port Trust (In coastal States) - Member xii) Representative, Indian Navy (In coastal States) - Member xiii) Representative, Indian Coast Guard (In coastal States) - Member

WP(C):31953/2022 -:20:- xiv) Jurisdictional Addl. Director General, DRI - Member xv) Dy. Narcotics Commissioner, CBN (In concerned States) - Member xvi) DIG, RPF - Member xvii) Post Master General, Indian post - Member xviii) State Drug Controller/FDA - Member xix) Director, SFSL - Member xx) Jurisdictional IG of Border Guarding Agencies (In Border States) - Member xxi) Representative of State Maritime Board (In coastal States) - Member xxii) Jurisdictional Regional DDG, NCB - Member xxiii) Jurisdictional Zone Director, NCB - Co-Convener (b) Terms of Reference of the Committee:

i) Monitoring drug trafficking situation in the States, including trafficking through ports/maritime routes (in coastal States and implementation of National Policy on Narcotic Drugs and Psychotropic Substances.

ii) Addressing issues of coordination between various Departments of State Government on matters related to drug law enforcement and drug abuse.

iii) Promoting anti-drug abuse awareness of State-level.

iv) Addressing issues of capacity building and training of DLEAs at State-level.

v) Devising and implementing Alternative Development Programmes in areas affected by illicit cultivation of narcotic crops in the States.

vi) Monitoring utilization of funds sanctioned under Assistance to States & UTs for Narcotics Control Scheme.

vii) Monitoring utilization of funds sanctioned under National Fund for Control of Drug Abuse (NFCDA).

viii) Gap analysis of forensic capacity in the State and implementation of steps to fill the same.

ix) Establishment of drug de-addiction & rehabilitation centres in the States.

x) Any other issue as deemed fit.

WP(C):31953/2022 -:21:- (c) Frequency: The Committee shall meet on a quarterly basis.

(d) Co-opted member: With the permission of the Chair, the State NCORD Committee may co-opt representatives of Departments/Organizations concerned as members based on their requirement as “Special Invitees”.

(IV) District Level Committee in Districts:

(a) Composition:

i) District Magistrate - Chairperson ii) Superintendent of Police

- Member Convener iii) Representative of State Deptts.- Education/Health/Social Justice - Member iv) Representative of State Deptts.- Forest and Agriculture - Member v) Jurisdictional AC/DC of Customs/Central GST - Member vi) Representative of Border Guarding Agencies (For border Districts) - Member vii) Representative of Indian Coast Guard (in coastal Districts) - Member viii) SDM of affected areas - Member ix) District Drugs Inspector - Member x) Representative of NCB - Member xi) Representative of Port Authorities (In Coastal Districts) - Member (b) Terms of Reference of the Committee:

i) Exchange of intelligence/information about trends of drug trafficking.

ii) Monitoring of illicit cultivation of Poppy or Cannabis crop in the District.

iii) Monitoring the progress of investigation in cases having cross-state implications.

iv) Promoting anti-drug abuse awareness, especially in Schools and Colleges.

v) Conducting awareness programmes in the regions affected by illicit cultivation on provisions of the NDPS Act and harmful effects of drugs.

vi) Implementing Alternative Development Programmes in

WP(C):31953/2022 -:22:- areas affected by illicit cultivation of narcotic crops in the Districts.

vii) Assessing the requirements of equipment for drug detection and submitting proposals requisitioning the same.

viii) Supervision of drug de-addiction & rehabilitation centres in the District.

ix) Any other issues, as deemed fit.

(d) Co-opted member: With the permission of the Chair, the District NCORD Committee may co-opt representatives of Departments/Organizations concerned as members based on their requirement as “Special Invitees”.

3. Establishment of Anti-Narcotics Task Force (ANTF) in States.

(i) A dedicated Anti-Narcotics Task Force (ANTF) headed by an ADG/IG level Police Officer with sufficient manpower capable of handling the drug trafficking and abuse scenario in the State needs to be established. A model of the Special Task Force currently in operation in the State of Punjab is enclosed as Annexure - ‘1’ for reference.

(ii) It will also function as the NCORD Secretariat for the State and will monitor follow up action on compliance with the decisions taken at different levels of NCORD.

(iii) The Head of the ANTF will serve as the nodal point for the NCB on all drug related matters, such as Assistance to States & Uts for Narcotics Control Scheme, NFCDA, co-ordination of illicit cultivation destruction operations, etc.

4. In order to have effective coordination amonst all the agencies, on both operational and policy making fronts, the Narco Coordination Centre (NCORD) shall continue to hold monthly meeting under the Chairmanship of the Director General, NCB, with representatives from the agencies/ Departments/ Ministries (not below the rank

WP(C):31953/2022 -:23:- of Inspector General/Commissioner/Joint Secretary level officer) as mentioned below:

(a) Composition (i) Director General, NCB - Chairman (ii) Intelligence Bureau - Member (iii) Research & Analysis Wing - Member (iv) Directorate of Revenue Intelligence - Member (v) Central Bureau of Narcotics - Member (vi) Indian Coast Guard - Member (vii) Enforcement Directorate - Member (viii) Customs and Central Excise - Member (ix) Financial Investigation Unit - Member (x) Border Guarding Forces (BSF, ITBP), SSB, Assam Rifles) - Member (xi) State Police/Anti-Narcotics Task Force-Some of the States to be invited by the DG, NCB, on need basis and/or rotational basis or as per the agenda of the meeting.

(b) Terms of Reference of the Committee:

(i) Terms of reference or agenda of the meeting will continue to be decided by the Director General, Narcotics Control Bureau, as deemed fit.

(ii) The Director General, Narcotics Control Bureau, may decide to include any region/specific issues as deemed fit.

(d) Co-opted member: The DG, NCB, may co-opt representatives of Departments/Organizations concerned as members based on the agenda of the meeting as “Special Invitees”.

5. The scheduled meetings of Tier-I (Apex Committee), Tier-II (Executive Committee) and the Monthly Meetings would be convened by the NCB Headquarters. The scheduled meetings of Tier-III (State Committee) and Tier-IV (District Committee) would be convened by the Member-Conveners in consultation with the respective Chairpersons of the Committees.

WP(C):31953/2022 -:24:- 6. To ensure timely implementation of the decisions taken at all levels of NCORD, participation of officers of appropriate seniority along with regular conduct of NCORD meetings at the State and the District Levels shall be ensured.

This issues with approval of the Hon'ble Union Home Minister.

Encl: As above (Sunil Kumar Barnwal) Joint Secretary (IS-II), MHA” 12. Annexure to the order dated 25.03.2022, as regards the constitution of Special Task Force is extracted hereunder:

“Government of Punjab Department of Home Affairs and Justice (Home – 3 Branch) Constitution of Special Task Force Order Whereas it is observed that over a period of time, the menace of drug paddling, distribution and abuse has spread in the State.

2.0 Whereas the menace has taken serious proportions as a result of lack of effective strategy and the absence of a coherent national policy to eliminate and discourage production of drugs in the country.

3.0 Whereas the abuse of drugs is adversely impacting the progressive and dynamic character of a large population of the State, severely impairing socio- economic and physical health of our youth.

4.0 Whereas there is a dire need to effectively check supplies, distribution and abuse of drugs, particularly the synthetic drugs in the State, showing zero tolerance and firm commitment to obliterate these from the State.

5.0 Therefore, the Government of Punjab has

WP(C):31953/2022 -:25:- decided to constitute a Special Task Force (STF) headed by Additional Director General of Police under the direct control and supervision of the Chief Minister, Punjab as per the following:

i) The Special Tax Force would dedicate itself to three- fold objectives as noted below :

• Criminal prosecution of all those indulging in drug peddling, supply and distribution.

• Rehabilitation with compassion and sympathy for those who have become habitual of drug intake/consumption ; and • Mass awareness campaign and people's participation to inculcate social opprobrium for drugs to remove them from day-to-day life of the citizens, more importantly the youth in the State.

ii) The broad function of the special task force would be as following;

• to develop strategies, measures and methods to enforce the law against drug-trafficking, prevent drug abuse, rehabilitate the drug victims and co- ordinate with other governmental agencies and police units to achieve this objective.

• To work in coordination with the District Police, GRP and other police units and supervise the registration and investigation of cases under the charter of STF.

• to recommend disciplinary action and/or criminal action against the police, health and officials of other departments found involved in illegal/unlawful activities related to drug-trafficking that come to its notice.

• to collect technical/human intelligence and maintain surveillance in accordance with the existing provisions of law, plan and execute Special operations against drug traffickers through special STF and also in association with other units of Punjab Police as well as other departments of the Government.

WP(C):31953/2022 -:26:- • To co-ordinate the work of Government departments regarding the above charter as per instructions of the Government issued from time to time.

• To Commission or conduct data analysis and make recommendations to the Government for necessary policy changes; and • To perform such other duties as may be assigned by the Government from time to time.

iii) In its endeavour to achieve the stated objectives, the Special Task Force would pursue the following approach with regard to enforcement of relevant laws.

• Develop actionable intelligence and act on such intelligence to enforce the Narcotic Drugs and Psychotropic Substances Act, 1985 and all related criminal and civil laws to sever the drug supply lines by taking stringent action against the drug suppliers, dealers and peddlers;

• Guide, supervise, co-ordinate and monitor the action of the District Police/other police units/State Law Enforcement Agencies in enforcement of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1985 and all related criminal and civil laws;

• Coordinate with various agencies at the level of Government of India, including MHA, NCB, ED, IB, Cabinet Secretariat, etc., for effective enforcement of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and all related criminal and civil laws; and • Take measures to create a mass sentiment against the menace of drug abuse in the State and enlist the support of the public for efficient and effective law enforcement.

(iv) The Special Task Force would be provided dedicated staff by the Department of Police to carry out is task.

Details of the staff are given in the statement attached as Annexure.

WP(C):31953/2022 -:27:- (v) Special Task Force would operate and carry out its task through the Senior Superintendents of Police and other Police Personnel provided to them by the Department of Police.

(vi) The Special Task Force would carry out the health care and other remedial programmes through the establishment officers of the State Health Department.

(vii) The meetings of the District Police Chief and District Health and other Officers would be convened by the Chief of Special Task Force i.e. ADGP with the prior consent of the Director General of Police, in the case of Police officials and the Chief Principal Secretary to Chief Minister (CPSCM), in the case of Health and other Government officials.

viii) The ADGP, Special Task Force would prepare a programme to engage with the District Police, Health and other Government officials, and the Communities, on a monthly basis, and submit these programmes to CPSCM and DGP in advance, enabling them to send appropriate advance instructions to all the District Police Chiefs and Heads of other Departments for effective participation in initiatives/actions of the Special Task Force.

ix) The Special Task Force would pursue widespread awareness building and guidance programmes to guide the misguided youth, particularly the poor and downtrodden to wean them away from this menace.

x) The Special Task Force would aim to catch big dealers and distributors in drugs to obliterate drugs from the State, while the poor consumers would be dealt with compassion and sympathy to mainstream their socio- economic life.

xi) The Special Task Force would train the staff of Police, Health, and other Departments for their effective participation in awareness and guidance camps to wean away the youth from this spreading menace. In addition, the Special Task Force would also train village/community volunteers to ensure that the drug peddlers/dealers were not allowed to enter any of the rural/urban habitations in the State for their ill-

WP(C):31953/2022 -:28:- conceived motives.

xii) The Special Task Force would register and investigate cases independently or in association with the local police under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 the Prevention of Illegal Trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988 and other related laws. All Police units/districts/GRP shall assist the Special Task Force in all aspects related to investigation. ADGP/STF may move proposals to the DGP, Punjab for approval to handover, transfer and take over the investigation of any case related to offences under the above laws from the local police.

xiii) The Special Task Force would for its effective functioning have such number of Police Stations, as proposed by ADGP/STF, recommended by DGP and duly notified by the Government. For immediate action, the State Crime Police Station, Mohali, having jurisdiction all over Punjab, would concurrently be the STF Police Station.

xiv) Technical intelligence Units would be established in STF as per requirement from the existing resources of the Intelligence Wing of the Department of Police or from other sources, with the approval of the Government.

xv) The Special Task Force would be provided arms and ammunition, technical gadgets and other special equipment, if any, by the Department of Police.

xvi) The Special Task Force would be allowed to use Kol/Malkhana/stores for the maintenance and storage of weapons/equipment.

xvii) The resource support including men, material and machines required by the Special Task Force would be provided by the Department of Police.

xviii) The officers and staff provided to the Special Task Force would draw their salaries and other allowances from their respective parent Departments.

xix) The Special Task Force may, if so required, hire professional/special/expert/consultation services with

WP(C):31953/2022 -:29:- the prior approval of the competent authority i.e. Chief Minister, Punjab.

xx) The financial support, if any required, for the Special Task Force would be provided by the Department of Police. They may, if so required, raise additional demand for this purpose with the State Finance Departments through the Department of Home Affairs and Justice.

xxi) The Special Task Force would submit fortnightly progress report to the Chief Minister through DGP and CPSCM.

Xxii) The Chief Minister, Punjab would review the progress/action/interventions of the Special Task Force at regular periodic intervals.

6.0 These orders are issued with the approval of Chief Minister for strict compliance of all concerned.

Sd/- NIRMAL JEET SINGH KALSI Addl. Chief Secretary to Govt. of Department of Home Affairs & Justice.” 13. From the averments in the counter affidavit of respondent No.5 and the details furnished, we are of the view that appropriate steps have been taken by the Government. But, considering the social impact of the abuse, effect of drugs, both physically and psychologically to the children and youth, as could be seen from the supporting material to the prayers sought for, we are of the view that it is the duty and responsibility of the State to take more stringent measures, by all means, with the co-ordination of all the departments,

WP(C):31953/2022 -:30:- to ensure that drug menace is not only to be prevented, but also to be eradicated totally.

14. Further, State Government is directed to take all the steps to examine the suggestions of the Central Government, to constitute a Special Task Force, as stated above, and take appropriate decision in that regard, as expeditiously as possible.

With the above directions, writ petition is disposed of.

Sd/- S. MANIKUMAR CHIEF JUSTICE

Sd/- SHAJI P. CHALY JUDGE krj

WP(C):31953/2022 -:31:- APPENDIX PETITIONER EXHIBITS:- P1 COPY OF THE JUDGMENT IN WP(C) NO.9001/2019 DATED 10.2.2021.

P2 A TRUE EXTRACT FROM THE REPORT CONTAINING PAGES 1 TO 13.

P3 COPY OF THE REPORT PUBLISHED IN TIMES OF INDIA DATED 19.08.2022.

P4 COPY OF THE CHAPTER X OF GUIDELINES FOR THE CONTROL OF NARCOTIC AND PSYCHOTROPIC SUBSTANCE ISSUED BY WORLD HEALTH ORGANIZATION.

P5 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER, UNDER THE RTI ACT TO THE ADDITIONAL CHIEF SECRETARY DATED 06.10.2021.

P5(A) A TRUE ENGLISH VERSION OF EXHIBIT P5.

P6 COPY OF THE REPLY GIVEN BY THE STATE PUBLIC INFORMATION OFFICER AND DEPUTY SECRETARY HOME DEPARTMENT DATED 12.10.2021.

P6(A) A TRUE ENGLISH VERSION OF EXHIBIT P6.

P7 COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 06.10.2021.

P7(A) A TRUE ENGLISH TRANSLATION VERSION OF EXHIBIT P7.

P8 COPY OF THE LETTER FROM THE STATE PUBLIC OFFICER, STATE CRIME RECORD BUREAU ADDRESSED TO PETITIONER DATED 01.11.2021.

P8(A) ENGLISH VERSION OF EXHIBIT P8.

P9 COPY OF THE REPLY FROM THE ASSISTANT DRUGS CONTROLLER DATED 13.10.2021.

P10 COPY OF THE LETTER FROM THE POLICE HEADQUARTERS DATED 16.10.2021.

P10(A) A TRUE ENGLISH VERSION OF EXT.P10.

P11 RELEVANT EXTRACT OF THE PUBLICATION ISSUED BY THE AIR FORCE DATED NIL.

//TRUE COPY// P.A. TO C.J.