High CourtsDivision Bench(2018) 08 RAJ CK 0251

Suo Motu @APPELLANT@Hash Inspector General of Police And Ors

Rajasthan High Court · Decided on 27 August 2018

HON’BLE JUDGES
Mohammad Rafiq, J · Goverdhan Bardhar, J
CASE NUMBER
Civil Writs No. 6672 of 2016

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Judgment

44 paragraphs · 973 words

This Court vide order dated 13.05.2016 took suo motu cognizance of the fact that large number of children residing in Dargah Area of Ajmer have

become drug addicts. Many of them were lodged in Children Home at Ajmer in a pathetic condition. When they were brought to normal life and

handed over to their parents through Child Welfare Committee, most of the children again started operating in the same area. Due to habit of drug

and cost to be paid for it, they were involved in criminal activities such as pick pocketing, chain snatching, theft etc. Superintendent of Police, Ajmer

was directed to apprise the Court as to what steps have been taken to rescue the children and catch hold of the drug suppliers in the area.Â

On 01.08.2016, this Court taking note of the fact mentioned in the report submitted by the respondents that 66 such children have been identified, who

were taking drugs and have become drug addicts, directed District Collector, Ajmer, Superintendent of Police Ajmer and Chairman, District Legal

Services Authority, Ajmer to hold a joint meeting and suggest remedial measures. When the matter was listed before the Court on 18.11.2016,

again a direction was issued to the State to come out with a policy for the complete State and if any such policy had been framed in the past, then to

place the same on record and also apprise the Court as to what steps have been taken to nab the culprits operating near the schools, colleges,

coaching classes and other places, who are involved in supplying drugs to young people moving around.Â

Though the matter was listed on several occasions thereafter, but was adjourned on the request of the State counsel. On 30.10.2017, this Court again

directed State of Rajathan to file comprehensive report giving information as to how many Drug De-Addiction Centres have been established in the

State of Rajasthan and how many of the drug addicts have been treated in such Centres. In particular, it was directed to be informed as to in what

manner issue of de-addiction of juveniles is being addressed to. On 11.04.2018, this Court noted submissions made by Superintendent of Police,

Ajmer that as per studies, maximum number of drug addicts are found in Kullu (Himachal Pradesh), and then in Ajmer (Rajasthan) and thereafter in

Goa. Second highest number of drug addicts in the country was thus recorded in Ajmer. This Court taking note of the fact that most of them are

children, who are taking drugs and getting involved in variety of crimes, observed that while on one hand, Drug De-Addiction Centres are required to

be established, on the other hand, serious action is required to be taken against suppliers of drugs. This Court directed that the process aforesaid be

undertaken so that Ajmer may get a Drug De-Addiction Centre because many children caught by the police involved in drugs were left free as they

could not be sent to De-Addiction Centre. Superintendent of Police, Ajmer was directed to take immediate steps to register cases against the drug

suppliers and at the first instance, in Dargah Area and then in Pushkar City.Â

On 30.04.2018, the Court was informed that a drive was organised to catch hold of drug paddlers and a large number of drug paddlers were caught

and criminal cases were registered against them. The drug addicts had also been identified. Efforts were being made to pursue the Government

to open De-Addiction Centre at Ajmer. This Court, keeping in view the fact that second highest number of drug addicts in the country were

reported in Ajmer, again impressed upon the State as to the urgency and necessity of having Drug De-Addiction Centre at Ajmer. When the matter

was listed before the Court on 01.08.2018, the Court noted with anguish that despite directions, the State Government has not taken any steps to open

Drug De-Addiction Centre at Ajmer though a large number of drug addicts are reported from that place.Â

No one appeared on behalf of the respondents, when the matter was taken up today in first round, though Mr. Rahul Vashishtha, Circle Officer,

Dargah, Ajmer, was present in the Court. Therefore, we required learned Advocate General to assist the Court in the matter. Mr. Deepak

Vishnoi, learned counsel appearing on behalf of learned Advocate General prayed for time to seek instructions and address the Court about the steps

taken by the State to establish Drug De-Addiction Centre at Ajmer.Â

In view of the fact that despite several orders passed by this Court, no steps have been taken by the State, we deem it appropriate to now direct the

Chief Secretary to the Government of Rajasthan, Jaipur; the Additional Chief Secretary, Medical and Health Department, Government of Rajasthan,

Jaipur and the Additional Chief Secretary, Social Justice and Empowerment Department, Government of Rajasthan, Jaipur to positively establish a

Drug De-Addiction Centre at JLN Hospital, Ajmer within a period of two months. Details about the criminal cases registered against drug

paddlers/suppliers of the drugs with particular reference to the cases in which charge sheets have been submitted be also filed before the next date.Â

Considering importance of the matter, this Court appoints Mr. Ashish Kumar Singh, learned advocate as the Amicus Curiae in the matter to assist the

Court. Name of Mr. Deepak Vishnoi, learned counsel be shown in the Cause List.  Â

Registry is directed to supply a copy of this order as also copies of the orders reference of which has been made in this order, along with copy of the

reply and affidavits filed by the respondents to learned Amicus Curiae. Name of Mr. Ashish Kumar Singh, learned Amicus Curiae be shown in the

Cause List.Â

Let this matter be listed before the Court on 29.10.2018.

Copy of this order be also provided to learned Advocate General for compliance.Â