Jharkhand High Court

Apex Court In Union Of India vs . Mohanlal And Anr., on 7 May, 2024

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

                         1

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
          W.P.(PIL) No.1139 of 2024
                                ------
                    Court on its own Motion
                           Versus
The State of Jharkhand & Ors.    ....         ....      Respondents

CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
        HON'BLE MR. JUSTICE ARUN KUMAR RAI
                  ------
      Amicus Curiae               : Mr. Kumar Vaibhav, Advocate
      For the State              : Mr. Piyush Chitresh, AC to AG
                               ------
04/Dated 07.05.2024

Per Sujit Narayan Prasad, J.

1) Reference may be made to the order dated 19th April, 2024

passed by the Coordinate Bench of this Court, whereby and

whereunder, the direction and suggestion of the Court have been

undertaken to be implemented by the learned Advocate General

which having been implemented and as per the learned Advocate

General, 23 FIRs were lodged in the district of Ranchi itself.

2) The Coordinate Bench has directed the following functionaries

i.e., Home Secretary, Government of Jharkhand, Director General of

Police, Jharkhand, the Director General, C.I.D. and the Union of

India through Narcotics Control Bureau (NCB) to file affidavits.

3) The State has also filed affidavit on behalf of the Home

Secretary, Government of Jharkhand, Director General of Police,

Jharkhand and the Director General, C.I.D.

4) No affidavit has been filed on behalf of the Union of India

through the N.C.B. However, Mr. Anil Kumar, learned Addl. S.G.I.,

has submitted that a detailed affidavit has been filed on behalf of the

N.C.B. in Cr. Appeal (DB) No. 148 of 2021, in which, the issue of

drug peddling is being monitored by this Court.

5) He, however, has submitted that an affidavit will also be filed

in the present case to the effect as to how to deal with the issue of

drug peddling to break the nexus of the racket, who are deeply

involved in carrying out the contraband in the State of Jharkhand as

also the supply of drugs from the nearby States making the State of

Jharkhand as the corridor for its supply to the other neighbouring

States.

6) The further affidavit which is required to be field by the N.C.B.

that how they are proposing to work in tandem with the State

Government in order to resolve such a serious issue.

7) Let an affidavit be filed by the N.C.B. giving therein detailed

SoP for working in tandem with the State Government after having

consultation with the Home Secretary of the State of Jharkhand,

Director General of Police, Jharkhand and the Director General,

C.I.D., Jharkhand, on or before the next date of hearing.

8) This Court has gone through the affidavit filed on behalf of the

State, wherein, the details have been furnished showing therein that

the State of Jharkhand is duty-bound to deal with the said situation

and as such, State Level NCORD has been constituted under the

Chairmanship of Chief Secretary, Jharkhand, Ranchi on 11.03.2022

issued by the Department of Home, Prison and Disaster

Management, Government of Jharkhand.

9) A District Level NCORD Committee has also been formed

under the Chairmanship of the Deputy Commissioner.

10) It has been stated that in order to regulate the functioning of

the committees, four meetings have been organized. The Reference

of the Committee already constituted as A.N.T.F. (Anti-Narcotics

Task Force) said to be constituted vide Order No.4797 dated

30.11.2022 issued by the Home, Jail and Disaster Management

Department, Government of Jharkhand which is being monitored by

the Criminal Investigation Department.

11) This Court, taking into consideration the aforesaid fact, has

passed an order on 08.04.2024 in Cr. Appeal (DB) No. 148 of 2021,

wherein, the direction was passed to furnish the action taken report

by the SSP., Ranchi and SSPs/SPs of the different districts of the

State of Jharkhand. For the ready reference, the said order is being

quoted as under:-

1. The affidavit which has been directed to be filed on behalf of the State vide order dated 02.04.2024 has been sought to be filed in the Court.

2. Considering the prayer, the said affidavit is taken on record.

3. This Court has perused the said affidavit. It has been stated that an Anti-Drug Unit has been constituted to control and prevent the sale and purchase of the illegal drugs. Five separate teams were constituted to conduct raid under the supervision of Superintendent of Police, City, Ranchi. The said raids have been conducted and the steps have been taken to stop the sale ad purchase of drugs, brown sugar, opium, etc. The endeavours have been taken to collect secret information and thereafter to take steps in accordance with law to arrest the criminals.

4. A letter has been issued under the signature of Superintendent of Police, City, Ranchi vide memo no.1649 dated 29.03.2024 directing the Deputy

Superintendent of Police (Kotwali, Hatia and Sadar) to take immediate steps to curb the sale and purchase of contraband substance by constituting raiding team and submit the outcome of raids conducted thereto.

It has also been stated that 51 FIRs have been instituted against drug criminals and 71 drug peddlers have been also arrested since September, 2023 in the district of Ranchi.

5. The statement has been made that during last 20 days a historically record seizure and arresting have been made by Ranchi police. During the aforesaid period, 23 FIRs have been instituted against the drug criminals and 41 drug peddlers have been arrested. The seizure has been made of value more than 6.5 crores during the last three weeks. A detailed chart has been appended as Annexure-G series.

6. This Court has also found that the Deputy Superintendent of Police, South Chotanagpur, Ranchi has issued direction vide memo no. 1675 dated 06.04.2024 to stop the sale and purchase of drug and contraband substance with a specific direction to co- ordinate with the Drug Inspector and install CCTC at drug/medical shop to regulate and control drug related crime.

7. This Court is constrained to observe that the duty and exercise which ought to have been done at the end of the S.S.P. and Dy. S.P., South Chotanagpur Range, Ranchi, unfortunately the endeavours has not been taken rather the same has only been taken when the Court has passed the direction.

8. Now, the concern of the Court is that the aforesaid steps which has been followed by the district police of Ranchi is necessarily to be followed in future also considering the same to be their bounden duty so as to achieve the very object and intent of the spirit of NDPS Act as also usage of drug is not an individual crime rather it is a crime against the society as also it is ruining the future of the nation.

9. It appears from the statement made at paragraph- 19 of the affidavit where the reference of letter issued by the Dy. Inspector General of Police, South Chotanagpur, Ranchi vide memo no.1675 dated 06.04.2024 has been made and the said letter was issued for the purpose of issuing instructions to stop the sale and purchase of the contraband substance with a specific direction to co- ordinate with the Drug Inspector and install CCTC at drug/medical shops to regulate and control drug related crime.

10. This Court, therefore, is now directing the Deputy Inspector General of Police, South Chotanagpur,

Ranchi to file a specific affidavit with respect to the compliance of the said instructions as contained in memo no. 1675 dated 06.04.2024.

11. It further requires to refer herein that this Court is dealing with the issue of contraband which cannot be restricted only to the district of Ranchi rather it is primary duty of the police administration and all concerned to look into the issue across the State.

12. This Court fails to understand that the Deputy Inspector General of Police, South Chotanagpur, Ranchi however has issued a letter vide memo no.1675 dated 06.04.2024 but very surprisingly he has only issued instructions for installation of CCTC at drug/medical shops to regulate and control drug related crime as would appear from Annexure-I but the same only restricts to the district of Ranchi.

13. When such decision has been taken at the level of Deputy Inspector General of Police, South Chotanagpur, Ranchi, the direction ought to have been issued by the Deputy Inspector General of Police, South Chotanagpur, Ranchi at least the districts falling under his zone, i.e., South Chotanagpur Zone, Ranchi. The Deputy Inspector General of Police, South Chotanagpur, Ranchi, therefore, is directed to look into the aforesaid matter.

14. It has been informed that the Director General (CID) is entrusted by the State Government to look into the issue of NDPS also, therefore, the Director General (CID) is to issue instructions to all the SPs of the district across the State to take sincere endeavours and file affidavit with respect to the same.

15. This Court, further, is concerned that merely arresting and making seizure of the contrabands cannot be said to be sufficient if the illegal doers will not be punished adequately. The law is there, i.e., NDPS Act,, particularly, thing is to be considered by the investigating officer at the time of seizure of the contrabands and the process which is to be followed before commencement of the trial as per the provision contained by virtue of Rule 2022 and the other offences as contained under NDPS, particularly, Section 52-A(4) of the Act. The reference needs to be made herein that in absence of proper seizure, the final result in the criminal case will be vitiated. The requirement therefore is that the police personnel is required to work in tandem with the Narcotics Control Bureau (NCB) and they be trained so as to follow the judgment rendered by the Hon'ble Apex Court in Union of India vs. Mohanlal and Anr., reported in (2016) 3 SCC 379.

16. Let an affidavit be filed on or before the next date of hearing showing the follow up action taken in Ranchi and other districts across the State and what steps have been taken by the functionary who have been entrusted to deal with the issue, i.e., Director General (CID) and the SSP/SP of the concerned district.

17. The steps which have been taken at the end of the SSP, Ranchi is directed to continue in future also. The SSP, Ranchi is further directed to fix personal accountability upon the officer in-charge of the concerned police station if any report comes pertaining to sale and purchase of the contrabands.

18. Mr. Anil Kumar, learned Addl. SGI appearing for the Central Government (Narcotics Control Bureau) has submitted that he has received the status report which he was to file but the same could not have been filed, therefore, he has sought for adjournment for today.

19. He has further informed that the copy of the said affidavit along with the action to be taken to put strict check upon the contrabands including the inter/intra transportation of the same, the State is also required to work in tandem with NCB as per the order dated 28.11.2023, hence, he has submitted that the copy of the said affidavit will also be required to be responded on behalf of the State.

20. Mrs. Priya Shrestha, learned Special Public Prosecutor has submitted that she will also file an affidavit by receiving instructions from the competent authority who is looking after the NDPS issue, i.e., Director General (CID).

21. Let an affidavit be filed on behalf of the State of Jharkhand.

22. It has been submitted that the copy of the affidavit which is to be filed on behalf of the NCB is to be served upon the learned State counsel in course of the day.

23. Considering the same, the affidavit which is to be filed on behalf of the State as directed hereinabove, shall be filed on or before the next date of hearing.

24. Let the case be listed on 18.04.2024."

12) It is very unfortunate that although, the A.N.T.F. is in existence

since 30.11.2022, but still the drug peddlers are actively involved in

selling out the drugs openly in the midst of the capital town of

Ranchi.

13) The learned Amicus Curiae has placed a paper publication of

'Prabhat Khabar' dated 04.05.2204, wherein, it has widely been

published that the Brown Sugar is being sold out openly in the

nearby area of Kanke Road. Not only that, the names of the drug

peddlers have also been referred in the said newspaper along with

the location of sale, but still, no action has been taken.

14) Here, this Court needs to make a remark that the A.N.T.F. has

been said to be constituted on 30.11.2022, but even then, as per the

news published in the daily newspaper, the drug peddling is

rampant.

15) This Court is constrained to say that SSP/SP of the concerned

district is not discharging his duty with utmost sincerity the way it

has to be done. This view is being referred herein that the

concerned Police Officer used to apprehend the drug peddlers the

day when the case is to be listed on the Board. Such type of attitude

cannot be appreciated, reason being that, if the police

administration of one or the other districts has to deal with such

situation for the purpose of prohibiting the sale of Brown Sugar and

other contrabands.

16) This Court needs to refer herein that failing in taking decision

by the SSP/SP against the concerned officer-in-charge of the Police

Station will be considered to be the failure in discharge of duty by

the concerned SSP and SP of the respective district of the State of

Jharkhand.

17) It is further evident from the said affidavit that the Director

General, C.I.D. has convened a meeting with all Zonal Inspector

General on 12.01.2024.

18) The further meetings have been held on 05.03.2024 and

20.03.2024 by the CID, in which, the SSPs/SPs had also

participated, but even then, the police administration so far cannot

be said to be successful in dealing with the issue of drug peddling

by the peddlers.

19) The affidavit contains the details of the arrest and institution of

cases, but the said affidavit is having no reference that how the

State Police is intending to work in tandem with the N.C.B. The

N.C.B. since is the expert body under the NDPS Act having the legal

acumen with respect to the issue of search/seizure and sending of

the samples to the FSL.

20) The State in the counter affidavit has further stated that the

satellite images are being taken of the cultivation of opium. The

same is required to be shared with the N.C.B. for the purpose of

going to the root as to on whose behest such type of cultivation is

being done.

21) The Jharkhand Police along with the District Administration

are required to have a SoP with the N.C.B. by convening a joint

meeting, so that, if one or the other persons are being arrested in

connection with the issue of drug peddling, then, they have to be

dealt with strictly under the provisions of law by following all the

procedures, right from the date of seizure and the F.S.L. report as

also the procedure as laid down to be followed in course of the trial.

The reason being is that merely by arresting a person and if the

searches are not in accordance with law or the investigation is not in

accordance with law as also the procedure as laid down in the

NDPS Act particularly under Section 52A(4) thereof, will ultimately

have no meaning in conducting such a wide exercise.

22) This Court, in order to have an aid to the N.C.B. and the State

of Jharkhand is of the view that the involvement of the JHALSA

through the Member Secretary is also necessary so that a

mechanism which is working under the Legal Services Authority in

the different districts can be availed for taking input to the PLVS and

bringing it to the notice of the concerned police officials, i.e., the

SSPs/SPs of the districts and the District Administration.

23) Let the Member Secretary, JHALSA be impleaded as party-

respondent.

24) Let notice be issued upon the Member Secretary, JHALSA at

the earliest.

25) The Member Secretary, JHALSA is directed to file an affidavit

as to what mechanism can be followed to facilitate the working of

the District Administration/District Police and the N.C.B.

26) Let an affidavit be also filed stating therein that:-

(i) What action has been taken against the concerned Police

Officials under whose jurisdiction still the drug peddlers are moving

here and there, since, this Court has already passed an order in Cr.

Appeal (DB) No. 148 of 2021 directing the SSPs/SPs of the

concerned districts along with Deputy Inspector General of the

Range to hold the Officer-in-Charge of one or the other Police

Station responsible, if any sale of drug is going on within the

jurisdiction of the concerned Police Station and;

(ii) Let details be given regarding the outcome of the raids said

to be conducted on 22.12.2023 and 05.03.2024 and 20.03.2024.

27) The affidavit is to be sworn by the Director General, C.I.D. or

any other competent authority of the C.I.D.

28) The N.C.B. shall also file an affidavit giving therein the SoP

and how to work in tandem with the State machineries.

29) The Director, FSL, Jharkhand also needs to be impleaded as