SRINAGAR: In response to a Public Interest Litigation (PIL) filed by law student Atharv Mahajan and the court’s own motion on the low conviction rates and high acquittal numbers in Narcotic Drugs and Psychotropic Substances Act (NDPSA) cases, the Jammu and Kashmir and Ladakh High Court has sought detailed information from the authorities, according to reports appearing in the media.
A Division Bench comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary has directed the Commissioner Secretary to the Home Department and the Director of the Narcotics Control Bureau to submit affidavits specifying the number of de-addiction centres currently operating in Jammu and Kashmir by the next date of hearing.
During the recent hearing, the Division Bench noted that a status report dated 20 August 2024 was submitted by Senior Additional Advocate General SS Nanda, indicating that recruitment processes have commenced, with certain posts referred to the JK Public Service Commission. The court has requested the counsel representing the Public Service Commission to submit an affidavit by the next hearing, detailing the status of these positions.
The High Court had earlier, in its order of December 27, 2022, after reviewing a previous order from March 4, 2022, instructed the respondents to provide a comprehensive action report on the qualitative and quantitative improvements required in the Forensic Science Laboratories within the Union Territories of J&K and Ladakh, along with measures for de-addiction efforts.
Subsequent reports have been filed, including one by the Director of the Forensic Science Laboratories on 27 February 2023, which outlined ongoing steps to enhance laboratory capacities and address staffing shortages. Another report, dated 15 July 2023, was submitted by the Special Director General of Police, Crime Branch, J&K, summarising actions taken by the respondents to combat drug-related issues in line with the court’s directives.
Advocate Deepika Mahajan, representing the PIL, argued that no status report has yet addressed the measures taken for de-addiction, alleging that existing de-addiction centres are not operating effectively, which undermines their intended purpose.
In response, the Division Bench has directed the respondents to file a report on the operational status of government-run and private de-addiction centres within J&K and Ladakh by the next hearing. Additionally, the court has requested confirmation on whether vacancies in the Forensic Science Laboratories have been filled.
