Atharv Mahajan @APPELLANT@Hash State And Ors

Status Report dated 25th December, 2018 under the signatures of Mr. R. K. Goel, Principal Secretary to Government, Home Department, Jammu and Kashmir informing this Court that the draft policy document for drug de-addition has been finalized which is pending for necessary approval in the department and shall be placed before the competent authority, i.e. State Administrative Council. Let the same be done expeditiously. Liberty is given to the learned Senior Counsel and Amicus Curiae, Mr. Sunil Sethi to place his suggestion before the State Administrative Council as well.

The same status report refers to orders dated 03rd July, 2012 and 28th January, 2016 passed by the Supreme Court in Criminal Appeal No.652 of 2012, Union of India V. Mohan Lal and anr, for which compliance by the Director General of Police, J&K is awaited.

The status report dated 24th December, 2018 states that the Director General of Police, J&K has addressed a Communication dated 20th December, 2018 intimating that the Directorate of Forensic Science Laboratory, J&K has submitted a proposal to Home Department for establishment of two Forensic Narcotic Divisions with creation of staff and Forensic Science Laboratory at Jammu/Srinagar (recommending creation of 16 posts involving the financial implications of Rs.64.78 lacs) which is under examination of the Home Department.

The respondents shall place before this Court before the next date of hearing the status report and the time line within which the Narcotics Division and the Forensic Science Laboratories would be set up and steps for effecting the recruitment to the necessary posts be completed.

In Para 10 of this report, the respondents have indicated with the geographical locations of de-addiction and rehabilitation Centres at nine places in the State. Let the respondents give us details of the intake capacity of these centres in the context of number of persons needing assistance and take a view on the sufficiency thereof.

The Google map which has been enclosed wherein these centres have been plotted shows that there is not a single De-addiction and Rehabilitation Centre in Leh and Ladakh region of the State. The respondents may examine this issue urgently and inform this Court of the necessary steps.

A report regarding whether these centres are really functioning as De-addiction and Rehabilitation Centres shall be filed by the petitioner before us. The respondents shall give address of these facilities to counsel for the petitioner, Ms. Deepika Mahajan who shall conduct random inspections and report thereof.

A status report dated 26th December, 2018 has been filed by the respondent No.3-Director General of Police, J&K in purported compliance of the orders dated 03rd July, 2012 passed by the Supreme Court of India in Criminal Appeal No.652 of 2012, Union of India V. Mohan Lal and ors.

The Registrar General has also placed before us a copy of an affidavit / compliance report which was filed by the High Court premised on clarifications received from the Home Department dated 26th February, 2015 in the Registry. We may extract the Question No.5 of the report and the response of the Home Department thereto hereunder:

"Q.5) What is the condition of the storage facilities at present? Is there any shortage of space or any other infrastructure lacking? What steps have been taken or are being taken to remove the deficiency if any?

Response:

Adequate storage facilities are not available at the moment and basic infrastructure is laying especially in Court Malkhanas. The issue regarding provision of better storage facility at district level has been brought to the notice of concerned Principal District and Sessions Judge. At District Court Complex, Jammu, the land for construction of Malkhana was identified and handed over to the police for construction of the building. But before the construction could commence, Bar Association Jammu got the land allocation stayed."

(Emphasis by us)

It would, therefore, appear that construction of adequate storage facilities for drugs and psychotropic substances which are seized by the police is not available.

Let the State Government examine this issue and make available alternative land for construction of the storage facilities of the seized material before the next date of hearing.

List on 07th of February, 2019.

Copy of the order be given to the learned counsel for all the parties under the seal and signatures of the Bench Secretary.