Kerala High Court

Suo Motu Proceedings Initiated ... vs State Of Kerala on 3 November, 2021

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                     &
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
       Wednesday, the 3rd day of November 2021 / 12th Karthika, 1943
                         WP(C) NO. 9001 OF 2019(S)

     THE COURT ON ITS OWN MOTION:
     SUO MOTU PROCEEDINGS INITIATED BASED ON A
     REPRESENTATION SUBMITTED BY SRI.N. RAMACHANDRAN I.P.S. (RETD.),
     REGARDING THE EFFORTS TO BE UNDERTAKEN TO CURB THE INCREASING
     MENACE OF DRUG ABUSE.


RESPONDENTS
1.   STATE OF KERALA,
     REPRESENTED BY THE CHIEF SECRETARY,
     GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2.   UNION OF INDIA,
     REPRESENTED BY THE SECRETARY TO GOVERNMENT,
     MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110 001.
3.   THE STATE POLICE CHIEF/DIRECTOR GENERAL OF POLICE,
     POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695 001.
4.   EXCISE COMMISSIONER, DEPARTMENT OF EXCISE,
     NANDAVANAM, THIRUVANANTHAPURAM-695 033.
5.   DIRECTOR OF HEALTH SERVICES,
     HEALTH SERVICES DEPARTMENT,
     DIRECTORATE OF HEALTH SERVICES,
     GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695 035.
6.   DRUGS CONTROLLER AND LICENSING AUTHORITY,
     DRUGS CONTROL DEPARTMENT, VANCHIYOOR P.O.,
     THIRUVANANTHAPURAM-695 035.
7.   DIRECTOR GENERAL OF NARCOTIC CONTROL BUREAU,
     MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA,
     R.K. PURAM, NEW DELHI-110 066.


      This Suo Motu writ petition again coming on for orders upon perusing the
petition and this court's Judgment dated 10/02/2021 and order dated
09/08/2021 and upon hearing the arguments of DIRECTOR GENERAL OF PROSECUTION &
GOVERNMENT PLEADER for R1, GOVERNMENT PLEADER for R3 to R6, ASSISTANT
SOLICITOR GENERAL OF INDIA for R2 & R7 and of SRI.TEKCHAND, SENIOR GOVERNMENT
PLEADER, the court passed the following :

                                                           P.T.O.
                            S. MANIKUMAR, CJ
                                     &
                              SHAJI P.CHALY
                    ================================
                        W.P.(C) No. 9001 of 2019
                  ===================================
                 Dated this the 3rd day of November, 2021

                                  ORDER

S. Manikumar, CJ

While disposing of the instant writ petition, by judgment dated

10.02.2021, respondents were directed to comply with the following

directions, within a period of three months from the date of receipt of a

copy of the said judgment:

I. Respondent No.1 is directed to adopt a method of establishing Campus Police Units, since the Law Enforcement agencies are not conducting regular checking inside the educational institutions. Measures shall also be taken to make it easier for the police and excise personnel to enforce NDPS Act, 1985, in the educational institutions.

II. Respondent No.1, is also directed to convene a meeting of all the key officials from the Department of Home Affairs, Excise, Health, Law, Education and representative of State Mental Health authority, Department of Social Justice, and chalk out programmes, to ensure reduction in the incidence of Substance abuse among teenagers and youth and for the implementation of the suggestions made above.

III. The Universities/Colleges/School authorities shall be provided with guidelines as a charter of duties and

responsibilities, to make the campuses of the educational institutions drug free.

IV. Respondent No.3 shall seek the services of Student Police Cadets, NCC, NSS and other similar organisations to tide over the situation that the students are unaware of the legal repercussions of the usage and trafficking of drugs, and the health and career hazards caused due to the usage of drugs.

V. Respondent No.3 is also directed to introduce a special scheme to ensure that the premises of the educational institutions and Universities are drug free. The 3rd respondent shall initiate steps to conduct anti-drug programmes in the institutions, propagate health awareness campaigns, and use the assistance of social medias.

VI. The 3rd respondent is further directed to establish counselling and rehabilitation mechanisms, to save the students who are already using drugs and addicts, and for that purpose, co-operation of University authorities, affected students, and their parents be elicited.

2. That apart, the Registry was directed to post the writ petition

after three months, for submitting a compliance report.

3. I.A. No.1 of 2021 was filed by the Deputy Secretary, Home (Secret-

Section A) Department, Government Secretariat, Thiruvananthapuram,

on behalf of respondents 1 & 3 to 6, seeking extension of the time

prescribed by this Court in the abovesaid judgment. Accordingly, three

months' time was granted from 5.6.2021.

4. Today, when the matter is posted, Mr. Tekchand, learned Senior

Government Pleader, submitted that he has filed a memo dated 2.9.2021

along with a compliance report of the Excise Commissioner.

5. Heard the learned counsel for the parties and perused the

material available on record.

6. We are of the considered opinion that the compliance report of

the Excise Commissioner as such, has to be recorded for brevity,

convenience and future purposes. Said report reads thus:

"Report submitted before the Hon'ble High Court of Kerala in W.P.(C) No.9001/2019 Dated 10.02.2021

Hon'ble High Court of Kerala taking note of the menace of drug consumption and trade, in the State of Kerala, registered writ petition WP(C) No.9001/2019 based on a representation submitted by Sri. N. Ramachandran I.P.S (Retired), regarding the efforts to be undertaken to curb the increasing menace of drug abuse. In the writ petition WP(C) No.9001/2019, the Hon'ble High Court passed the following order on 10.02.2021. In the judgment the Hon'ble High Court issued the following directions:

Respondent No.1 (State of Kerala) was directed to adopt a method of establishing Campus Police Units, since the Law Enforcement agencies are not conducting regular checking inside the educational institutions. Measures shall also be taken to make it easier for the police and excise personnel to enforce NDPS Act, 1985, in the educational institutions.

Respondent No.1, was also directed to convene a meeting of all the key officials from the Department of Home Affairs, Excise, Health, Law, Education and representative of State Mental Health authority, Department of Social Justice, and chalk out programmes, to ensure reduction in the incidence of Substance abuse among teenagers and youth and for the implementation of the suggestions made above.

The Universities/Colleges/School authorities shall be provided with guidelines as a charter of duties and responsibilities, to make the campuses of the educational institutions, drug free.

Respondent No.3 (The State Police Chief) shall seek the services of Student Police Cadets, NCC, NSS and other similar organisations to tide over the situation that the students are unaware of the legal repercussions of the usage and trafficking of drugs, and the health and career hazards caused due to the usage of drugs.

Respondent No.3 is also directed to introduce a special scheme to ensure that the premises of the educational institutions and Universities are drug free. The 3rd respondent shall initiate steps to conduct anti-drug programmes in the institutions, propagate health awareness campaigns, and use the assistance of social medias.

The 3rd respondent is further directed to establish counseling and rehabilitation mechanisms, to save the students who are already using drugs and addicts, and for that purpose, co-operation of University authorities, affected students, and their parents be elicited.

It is submitted that Excise department is conducting and coordinating various awareness activities against alcoholism and drug abuse as part of Vimukthi Mission's awareness campaign. Since the youth are most vulnerable to substance abuse, most of the activities of Vimukthi Mission and Excise department focused on schools and colleges. Anti-Narcotic Clubs have been formed in schools and colleges for effective campaigning among students. 4842 Anti-Narcotic Clubs in schools and 899 anti-narcotic

clubs in colleges have already been started functioning in the State. The charge of each school and college has been given to one Excise Official to monitor anti drug awareness activities and to collect information regarding drug abuse in and around the school and college premises.

It is submitted that awareness classes and other programmes including various competitions for generating awareness on drug abuse are conducted in schools and colleges throughout the State. Several sports and arts competitions highlighting the motto "Laharikkethire Kaayika lahari" have been conducted.

It is submitted that awareness classes and other programmes including various competitions for generating awareness on drug abuse are conducted in schools and colleges. Excise Department has already taken various steps to prevent drug abuse among the students and youngsters. As part of Vimukthi Mission activities, Excise Department introduced a scheme 'Unarvu' to tackle the menace of drug abuse among the students. The program intends to construct basic amenities for practices various sports and arts in the selected schools which are most vulnerable to substance abuse disorders. The activities are monitored by a committee consisting of Teachers, Parents, Excise officials and members of the Local Self Government concerned. The main objective of the program is to create a drug free campus by diverting attention and energy of students to sports and arts activities. As a primary phase, the department introduced the scheme in 4 selected schools in Thiruvananthapuram district and the department intends to replicate the model in other districts also.

Actions taken by the Excise Department Details of actions taken on the directions issued by the Hon'ble High Court in WP(C) No.9001/2019 dated 09.08.2021 are submitted herewith.

In the judgment in WP(C) No.9001/2019 dated 09.08.2021 the Hon'ble High Court issued the following directions:

"Respondent No.1 (State of Kerala) was directed to adopt a method of establishing Campus Police Units, since the Law Enforcement agencies are not conducting regular checking inside the educational institutions. Measures shall also be taken to make it easier for the police and excise personnel to enforce NDPS Act, 1985, in the educational institutions".

It is submitted that since the youth are most vulnerable to substance abuse, most of the activities of Vimukthi Mission and Excise department focused on the schools and colleges. Anti-Narcotic Clubs have been formed in schools and colleges for effective campaigning among students. 4842 Anti-Narcotic Clubs in schools and 899 anti-narcotic clubs in colleges have already been started functioning in the State. The charge of each school and college has been given to one Excise Official to monitor anti drug awareness activities and to collect information regarding drug abuse in and around the school and college premises.

It is submitted that Excise Commissioner had convened meeting of the Principals of Medical Colleges, Dental Colleges, Ayurveda, Sidha and Homeo Medical Colleges in the State to discuss the drug related issues in the campuses and to adopt various preventive measures.

It is submitted that as per the decisions arrived at in the meetings all Deputy Excise Commissioners have been directed to form a committee named NERKOOTTAM (..........) in all College campuses under the leadership of Principal/Vice Principal with Student representatives, a teacher holding the charge of NSS?Anti Narcotic Club, representatives of the parents, representatives of Local Self Government and Excise Officials of the area. The Principal/Vice Principal in the case of NERKOOTTAM(........) and Warden in SRADHA will act as the bridge between Excise and other inter cement departments and the institution. This committee will meet and discuss issues related to drug abuse in the campus if any and also preventive and proactive measures to prevent drug abuse in the campus.

It is submitted that another committee named SRADHA (Students Rescue against Drug Habits and Addiction)(....) is being formed in all College Hostels under the leadership of Principal/Vice Principal/Department Head and Hostel warden, Students representatives, representatives of the parents and Excise Officials as its members. These committees will meet every month and examine the complaints, if any, and information received regarding the drug abuse. These committees will take necessary steps to prevent drug transmission and consumption in college campuses and hostels with the help of Excise Department. These committees can also arrange to provide adequate counseling or de-addiction treatment if required to any person concerned with the help of doctors and counselors working with Vimukthi and Excise Department.

It is submitted that this model will be implemented in the schools also with the help of Anti narcotic clubs. Regular checking of the school premises will be conducted with the help of these committees and Abon drug detection kits will be used for identifying the usage of drugs. These committees will provide counseling and treatment to the students with the help of parents.

It is submitted that steps are being taken to display the mobile numbers of Excise Complaint Cell (9447178000, 9061178000) in all college campuses and hostels. Through these numbers, information regarding drug abuse can be shared to the authorities secretly without revealing identity. Most of the activities are in progress even though the schools and colleges are closed since the Covid 19 regulations are in force. All Deputy Excise Commissioners in the districts have been directed to conduct programs including awareness classes, seminars, and visual media based presentations and so on in all colleges, periodically and also to conduct surprise check in shops and empty building situated near the colleges and schools. "The University/College/School authorities shall be provided with guidelines as a charter of duties and responsibilities, to make the campuses of the educational institutions, drug free".

It is submitted that Excise Commissioner had convened meeting of the Principals of Medical Colleges, Dental Colleges, Ayurveda, Sidha and Homeo Medical Colleges in the State to discuss the drug related issues in the campuses and preventive measures. As per the decisions arrived at in the meetings all Deputy Excise Commissioners have been directed to form a committee named NERKOOTTAM (........) in all College campuses under the leadership of Principal/Vice Principal with Student representatives, a teacher holding the charge of NSS/Anti Narcotic Club, representatives of the parents, representatives of Local Self Government and Excise officials of the area. Another committee named SRADHA (Students Rescue against Drug Habits and Addiction) (....) is being formed in all College Hostels under the leadership of Principal/Vice Principal/Department Head with Hostel warden, Students representatives, representatives of the parents and Excise officials as its members. The Principal/Vice Principal in the case of NERKOOTTAM (............) and Warden in SRADHA will act as the bridge between Excise and other inter cement departments and the institution. This committee will meet and discuss issues related to drug abuse in the campus if any and also preventive and proactive measures to prevent drug abuse in the campus.

It is submitted that the suggestions put forth by the Principals of the colleges which need action and directions from the Government has been submitted to Government. An extract of the recommendation is submitted below:

1. Surprise checking in college/hostel campuses with the help of Excise Department using Sniffer Dogs from Police Department to be conducted in institutions in consultation with the teachers and parents. This method will help to make the campuses drug free.

2. Direction to be given to the Colleges through the Universities to install CCTV Cameras in college campuses, play areas and hostels without affecting the privacy of the students, to prevent intrusions from outside.

3. Vehicles of outsiders to be restricted from entry into the campuses and direction may be given to the Colleges through the Universities to issue vehicle passes to the vehicles of the teachers and students of the colleges/hostels to control vehicle movement inside the campuses.

4. Direction to be given to the Colleges through the Universities to change the Hostel Rooms of occupants each year for avoiding development of negative behavioral traits and practices in the hostel rooms.

5. Direction to be given to the Colleges through the Universities to conduct surprise screening tests in the colleges and hostels where drug problems are detected using drug detection kits (Abon kits) after taking into confidence of parents and teachers. By using screening tests in the colleges/hostels and sharing the information, if any regarding the drug abuse, will help to provide information, if any regarding the drug abuse, will help to provide adequate treatment at the beginning itself. These tests can be viewed as a preventive measure considering the spread of the drug habit.

6. Direction to be given to the College through the Universities to build compound walls around college Campuses and hostels and also to make facilities for sports and games utilising the unused land available within the campuses and hostels. "Respondent No.3 (The Excise Commissioner) shall seek the services of Student Police cadets, NCC, NSS and other similar organisations to tide over the situation that the students are unaware of the legal repercussions of the usage and trafficking of drugs, and the health and career hazards caused due to the usage of drugs".

It is submitted that Excise department is conducting and coordinating various awareness activities against alcoholism and drug abuse as part of Vimukthi Mission's awareness campaign. Since the youth are most vulnerable

to substance abuse, most of the activities of Vimukthi Mission and Excise department are focused in schools and colleges. Anti-Narcotic Clubs have been formed in schools and colleges for effective campaigning among students. 4842 Anti-Narcotic Clubs in schools and 899 anti-narcotic clubs in colleges have already been started functioning in the State. The charge of each school and college has been given to one Excise Official to monitor anti drug awareness activities and to collect information regarding drug abuse in and around the school and college premises.

All Deputy Excise Commissioners in the district have been directed to conduct programs including awareness classes, seminars, and visual media based presentations and so on in all college periodically and also to conduct surprise check in shops and empty buildings situated near the colleges and schools. It is submitted that steps are being taken to display the mobile numbers of Excise Complaint Cell (9447178000, 9061178000) in all college campuses and hostels. Through these numbers, information regarding drug abuse can be shared to the authorities secretly without revealing identity. Most of the activities are in progress even though the schools and colleges are closed since Covid 19 regulations are in force.

It is submitted that a training program has been arranged for SPC & NSS volunteers to share the health and carrier hazards and legal aspects of drug abuse. Vimukthi Mission intends to use these volunteers to propagate the message of ill effects of drug abuse among the students.

It is submitted that Excise Department conducted a survey to find out the reasons and solution for drug abuse among the youngsters. An expert committee including professionals from various fields was constituted and a report based on the survey is being prepared in this regard. In the report various activities with the co- operation of various departments like Education, Health etc., against drug abuse have been included.

It is submitted that competent Excise officers having post graduate degree in Sociology and MSW have been identified from various districts. These officers are utilized

for counseling the drug abusers in the district after giving proper training through NIMHANS.

It is further submitted that Vimukthi Mission is unable to reach the students directly due to the spread of Covid-19 pandemic. To overcome this situation Vimukthi Mission is constantly conducting a series of webinars to create awareness among the students during the era of pandemic. Some of which are detailed below:

1. On March 04, 2021, a webinar led by Psychologist Dr. Raji.V.R. has been conducted in the topic "How avoid Mental Pressure in the Students".

2. On April 22, 2021, World Earth Day a Poster creation competition has been conducted at state level in the topic "Environment Protection".

3. On May 11, 2021, Webinar on the topic of "Online Study and Examination".

4. On May 31, 2021, Webinar on the topic of "The Role of Students in Anti-Tobacco Activities". The webinar was led by the Excise Commissioner and the program achieved 2700 viewers in the facebook including students all over the state.

5. On Readers day 19 June 2021, famous writer and teacher Dr. George Onakkur and Sri. Babu Mundoor, writer and teacher participated in the webinar and advised the students on the importance of reading for building a good career.

6. On the same day a short video competition was also conducted to engage the students in a creative activity.

7. On June 21st 2021, a webinar was conducted on the topic of "Music Itself is Addiction".

8. On 1st July 2021, webinar on the topic of "Health preservation in Corona period" was conducted.

9. On 24th July, a state wide webinar was conducted to the teachers on the topic of "Identification of Drug abuse among the students and its solutions". 700 teachers participated in the webinar.

"Respondent No.3 is also directed to introduce a special scheme to ensure that the premises of the educational institutions and Universities are drug free. The 3 rd respondent shall initiate steps to conduct anti-drug programmes in the institutions, propagate health awareness campaigns, and use the assistance of Social Medias".

It is submitted that awareness classes and other programmes including various competitions for generating awareness on drug abuse are conducted in schools and colleges. Excise Department has already taken various steps to prevent drug abuse among the students and youngsters. As part of Vimukthi Mission activities, Excise Department introduced a scheme 'Unarvu' to tackle the menace of drug abuse among the students. The program intends to construct basic amenities for practicing various sports and arts in the selected schools which are most vulnerable to substance abuse disorders. The activities are monitored by a committee consisting of Teachers, Parents, Excise officials and members of the Local Self Government concerned. The main objective of the program is to create a drug free campus by diverting attention and energy of students to sports and arts activities. As a primary phase, the department introduced the scheme in 4 selected schools in Thiruvananthapuram district and the department intends to replicate the model in other districts also. Government have accorded sanction to use the land of four Government schools in Thiruvananthapuram district for implementing 'Unarvu" project vide G.O(Rt.) No.3546/2021/GEDN dated 04.08.2021.

It is submitted that Excise Commissioner had convened meeting of the Principals of Medical Colleges, Dental Colleges, Ayurveda, Sidha and Homeo Medical Colleges in the State to discuss the drug related issues in the campuses and preventive measures. As per the decisions arrived at in the meetings all Deputy Excise Commissioners have been directed to form a committee named NERKOOTTAM(.......) in all College campuses under the leadership of Principal/Vice Principal with Student representatives, a teacher holding the charge of NSS/Anti

Narcotic Club, representatives of the parents, representatives of Local Self Government and Excise officials of the area. Another committee named SRADHA (Students Rescue against Drug Habits and Addiction((...) is being formed in all College Hostels under the leadership of Principal/Vide Principal/department Head with Hostel warden, Students representatives, representatives of the parents and Excise officials as its members. The Principal/Vice Principal in the case of NERKOOTTAM (......) and Warden in SRADHA will act as the bridge between Excise and the institution. This committee will meet and discuss issues related to drug abuse in the campus if any and also suggest preventive and proactive measures to prevent drug abuse in the campus.

"The 3rd respondent is further directed to establish counseling and rehabilitation mechanisms, to save the students who are already using drugs and addicts, and for that purpose, co-operation of University authorities, affected students and their parents be elicited".

It is submitted that Vimukthi Mission is operating 14 district de-addiction centres with 10 bed facilities attached to the Govt. district/taluk hospitals in 14 districts in association with Health department. A Medical Officer, a Clinical Psychologist, a Psychiatric Social Worker, 3 staff nurses, 3 security staff and one cleaning staff are provided in these centres. 50268 persons have been given treatment as outpatients and 4531 patients have been given Inpatient treatment till 2021 July 31 in these de-addiction centres. 3 Zonal Counseling centres are established in Thiruvananthapuram, Ernakulam and Kozhikode districts for providing counseling to the addicts. A toll free number facility is also arranged for giving telephonic counseling. 6934 persons have been given counseling till 2021 July 31 in these Zonal Counseling centres. 3 Zonal Women and children de-addiction Centres in Thiruvananthapuram, Ernakulam and Kozhikode districts exclusively for the treatment of women and children will start functioning this year. Wide publicity is being given through social media regarding the facilities arranged for de-addiction

treatment and counseling under Vimukthi Mission.

It is submitted that the youngsters involved in NDPS Crimes often use drugs even after getting bail especially in small quantity NDPS cases. To overcome this situation, it has been decided to give counseling or treatment to the persons below the age of 21 who are involved in NDPS crimes as a preventive measure to avoid these accused to reach further in the consumption or sale of drugs. A provision is included in the software named E-ARMS for monitoring whether all the accused below the age of 21 are given counseling or treatment in the centres. Further, the facilities available with Social Justice Department and Health Department are also being utilized by the Excise Department. But in some cases the accused refuses to go for counseling or treatment. In such cases, parents are informed and with their consent the accused are given treatment or counseling.

It is submitted that Excise Department conducted a survey to find out the reasons and solution for drug abuse among the youngsters. An expert committee including professionals from various fields was constituted and a report based on the survey is being prepared in this regard. In the report various activities with the co- operation of various departments like Education, Health etc. against drug abuse have been included.

It is submitted that competent Excise officers having Post graduate degree in Sociology and MSW have been identified from various districts. These officers will be utilized for counseling the drug abusers in the district after giving proper training through NIMHANS.

Sd/-

Excise Commissioner"

7. That apart, the Additional Chief Secretary, Home (SS-A)

Department, Government of Kerala, Thiruvananthapuram, vide G.O.(Rt.)

No.2441/2021/HOME dated 10.09.2021 has issued an order, wherein it is

stated that immediately on receipt of the judgment dated 10.02.2021, the

Government conducted a meeting under the headship of Chief Secretary,

Government of Kerala, with all the stakeholders, as directed. The

decisions taken in the meeting are reproduced hereunder:

(a) Focus should be on the execution of the programmes in a collective manner and building up confidence in the educational institutions so that the students/ teachers/ parents will not hesitate to report drug abuse. An environment for enforcement needs to be created by constituting a group of teachers, parents, representatives from LSGs, students, student police cadets etc. to identify drug peddlers. Proper support needs to be given by enforcement agencies by protecting the names of informers from being disclosed. Enforcement agencies can act like a Virtual Police/Excise Unit in the campus by contacting the head of educational institutions periodically every month to collect intelligence and information and to give support.

(b) Head of Institutions may form action groups with PTA, representative from LSGs etc to keep a track of the drug peddlers in the school/college premises and report them.

(c) Performance of the officers of the enforcement agencies in anti-drug activities should be reviewed by the higher level officers periodically.

(d) Data on prevalence rate of drug abuse in various areas can

be collected by conducting studies and action coordinated in such areas.

(e) Intelligence should be collected on drug trafficking from other states to Kerala and the same to be provided to corresponding states.

(f) A committee from Excise, Police and Education departments identified in the meeting will furnish a report, for and behalf of the Government, that can be submitted before the Hon'ble Court.

(g) Periodical meetings and review should be done at the State level, District level, and lower levels.

8. Reading of the abovesaid Government order dated 10.09.2021

indicate that consequent to the meeting, all the concerned authorities,

including State Police Chief, Excise Commissioner, etc., were directed to

furnish an Action Taken Report on the decision taken, for implementation

of the various directions contained in the judgment of this Court. It is

further stated in the said Government order that pursuant to the

deliberations in the meeting, some suggestions have been made and

following directions have also been given to the Deputy Excise

Commissioners of the district, for making the campuses drug free:

(i) All Deputy Excise Commissioners have been directed to form a committee named NERKOOTTAM in all College campuses under the leadership of Principal/Vice Principal,

and including Student representatives, a teacher holding the charge of NSS/Anti Narcotic Club, representatives of the parents, Local self Government representatives and Excise officials of the area as its members. This committee will meet and discuss issues related to use of drugs in the campuses, if any, and also preventive and proactive measures, to prevent drug use in the campus.

(ii) All Deputy Excise Commissioners have been directed to form another committee named SRADHA (Students Rescue Against Drug Habits and Addiction) in all College Hostels under the leadership of Principal / Vice Principal/ Department Head and including Hostel warden, Students representatives, representatives of the parents and Excise officials as its members. These committees will be convened every month and will examine complaints, if any, and also the information received regarding drug abuse. These committees can take necessary steps to prevent drug consumption in college campuses and hostels with the help of the Excise Department. These committees can also provide adequate counseling or dc-addiction treatment to the person concerned with the help of doctors and counselors working in the Vimukthi institutions and excise officials.

(iii) All Deputy Excise Commissioners in the district are directed to conduct programs including awareness classes, seminars, visual media based presentations and so on in all colleges periodically and also to conduct surprise checks in

shops and empty buildings situated near the colleges.

(iv) All Deputy Excise Commissioners in the district have been given directions to conduct checking among the students (Random Screening) in campuses where drug abuse is spotted, using drug detection kits, to identify drug abuse in the college campuses as and when the college authorities request the same.

(v) Directed to display the mobile numbers of Excise Complaint Cell (9447178000, 9061178000) in all college campuses and hostels where public attention is received. Through these numbers, information regarding drug abuse can be shared to the authorities secretly without revealing identity.

9. It is further stated in the said Government order dated 10.09.2021

that after considering all the suggestions and directions in the judgment

dated 10.02.2021, reports of the State Police Chief, Excise Commissioner,

and other stake holding departments, Government have approved an

Action Plan, for strict implementation, by various departments

mentioned therein. Periodic evaluation and reviews, at various levels,

have been directed to be conducted for effective implementation of the

Action Plan on quarterly basis, without fail. The Action Plan, annexed to

the Government order dated 10.09.2021, is reproduced:

Sl. No. Department Action to be taken i. Strengthen intelligence collection, detection, foolproof investigation and timely prosecution with respect to the NDPS cases ii. Develop an interactive digital portal as a collaborative venture of selected youngsters and representatives of police, excise and other agencies for gathering data regarding narcotic offences from internet and social media platforms. Limiting access to selected core team members responsible for operating the portal.

iii. Conduct training programme incorporating officials from police/excise, with the support of Narcotics Control Bureau, Judicial Academy, Kerala Police Academy, State Excise Academy and Research Centre in order to create awareness about the new generation synthetic and pharmaceutical drugs and also various judgments pronounced in NDPS Act etc. iv. Use Abon kits or similar techniques for drug testing and identify persons selected for counselling and in the de-addiction centres. v. Facilitate inter department exchange of data of drug offenders arrested by various agencies through a web portal.

vi. Constitute a virtual police unit comprising 1 Police Principal of schools/colleges and representatives of Student Police Cadet, NSS and all such units of each school/college in which the local SHO and Excise Range Inspector can be included as ex-officio members.

vii. Evaluate the progress on breaking the supply chain with co-ordination of other State agencies and NCB on a monthly basis.

viii. Extend School Protection Group project

initiative to all education institutions including unaided schools and colleges.

ix. Establish a special, mobile, anti drug peddling squad in large cities and link it to a helpline.

x. Constantly monitor drug peddlers like in the case of history sheeters.

xi. Take strict action, in accordance with statutory provisions, on the report furnished by the State Special Branch to the Hon'ble High Court.

i. Develop a consortium of services rendered by government and non-governmental sector institutions working in the field of drug abuse with the support of a gital portal for ensuring inter-sectoral collaboration and providing 2 Social Justice region specific information about the available services to the needy.

ii. Explore the scope of developing more de- addiction centres, at least one each in every Taluk for persons below the age of 21. Select and send candidates for counselling in these de-addiction centres on the basis of daily arrest data.

iii. Reach out to other persons having substance use disorder from index cases and take remedial measures.

i. Ensure that the licence of shops and other institutions selling drugs and other narcotic 3 Local Self substances are cancelled permanently.

Government ii. Direct NGOs, resident welfare societies, etc., to involve in reporting drug peddlers and follow up with police.

10. The Government order dated 10.09.2021 further indicate that for

taking immediate further action, the following orders are issued:

A. Home department shall prepare a detailed proposal, in consultation with the State Police Chief and the Excise Commissioner, requesting to the Ministry of Home affairs, to set up a Zonal Office with sufficient staff strength and infrastructure for effective coordination of the anti narcotics activities.

B. The Women and Child Development Department shall strictly comply with the directions in Para 37-39 of the judgment of the Hon'ble High court read above in letter and spirit.

11. In view of the report of the Excise Commissioner and

Government order dated 10.09.2021, which we have discussed above, we

are satisfied that the directions issued by this Court in the judgment dated

10.02.2021 are substantially complied with by the respondents and

accordingly, we record the same.