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Himachal Pradesh High Court · body

2018 DIGILAW 342 (HP)

Court on its own motion v. State of H. P.

2018-03-14

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT : Sandeep Sharma, J. The news item captioned as “Charge sheet filed in just 3 out of 200 cases”, published in daily English News Paper ‘The Tribune’ on 26.5.2017, wherein it is/was reported that in last one year Kangra Police had launched a campaign against drug peddlers and psychotropic drug sellers and in this process about 200 cases were registered by the police under the Drugs and Cosmetics Act against those selling of psychotropic drugs in Kangra District; huge quantities of psychotropic drugs were also seized, but despite registration of sizeable number of cases, charge sheet against erring persons came to be filed in three cases only, prompted this Court to take the sue motu cognizance of the matter and accordingly present Public Interest Litigation came to be registered. 2. Delay in filing charge sheet in such cases definitely lower the morale of police officials, who despite their being constant threat to their lives from drug mafia active in the State, not only raided/searched shops/establishments indulging in illegal Trade of psychotropic substances, but also initiated mass campaign to educate children and other possible victims of this Trade. Shockingly, as per news item, though approximately 200 cases were registered by the police in District Kangra under the Drugs and Cosmetics Act, 1940 (for short ‘D&C Act’), but unfortunately no much substantial was done by the Authorities prescribed in ‘D&C Act’ to take such cases to its logical ends. As per ‘D&C Act’, it is only Drug Inspectors, who can file charge-sheet in the Court because the police after arresting the accused under the ‘D&C Act’ is required to handover the cases to the Drug Inspector concerned within twenty four hours. 3. This Court cannot lose site of the fact that as of today drug menace is one of the serious problem in the Society. Needless to say that drug abuse and the drug menace is the illicit, non-medical use of limited number of substance, most of drugs which have the properties of altering the mental state of a being in ways that are considered by social norms and defined by statute to be inappropriate, undesirable, harmful threatening to the life of the user and to the society at large. Alcohol, heroin, cocaine, opium, marijuana, are some of the drugs abused. 4. “Curiosity” it is said “Kills the Cat”. Young generation of today’s era is very inquisitive and curious. Alcohol, heroin, cocaine, opium, marijuana, are some of the drugs abused. 4. “Curiosity” it is said “Kills the Cat”. Young generation of today’s era is very inquisitive and curious. They would like to test the efficacy of whatever they see and hear of. But, unfortunately, this curiosity at times becomes fatal even to the point of death. Merely by their curiosity, as has been referred above, some of the young children go in to deal with drugs and become addicts. Today, a lot of youth are involved in this drug trade. Poverty, therefore, becomes a prime cause for this drug menace coupled with the negative attitude of the youth. The drug trade has become a multi billion dollar business gradually engulfing the globe. Unfortunately, people across the globe, who have been given/interested with duty/task to take decision, make policies and take firm action to deal with such menace, have not sat down seriously to talk of the effects of this trade. We all know that the situation is quite alarming, but, still drug menace, as a social canker, can be prevented and curbed, provided thee is will to do the same. In this regard, we need to put concerted efforts to curb this menace. Police and other authorities responsible for curbing this menace need to sit/come together and take effective decision for total eradication of this drug menace. 5. Hon’ble Apex Court, taking note of excessive use of drugs, alcohol and other psychotropic substance by young children, more particularly school going children, directed the Government of India to complete a national survey and generate national data base formulate and adopt a comprehensive national plan, which will, among other things, also address the areas of immediate concern noted earlier; and adopt specific content in the school curriculum under the aegis of NEP. 6. 6. Hon’ble Apex Court in Bachpan Bachao Andolan vs. Union of India & Others, (2017)1 SCC 653 , had an occasion to take note of the fact that nationwide survey was carried out on the basis of a representative household sample across the country as the National Family Health Survey, 2005-06, which revealed the nature and extent of substance abuse in children, but, Research Study by National Commission on Protection of Child Rights (August 2013), as taken note by Hon’ble Apex Court in the judgment referred hereinabove, has made certain recommendations which can be definitely taken note by policy maker in State of Himachal Pradesh for curbing drug menace amongst School, College going children. 7. In the aforesaid judgment, Hon’ble Apex Court, while directing Union of India to expeditiously conclude the national survey on drug abuse, also considered counter affidavit, wherein Union Government stated that a national policy on drug demand reduction is being finalized and the priority areas of intervention would include capacity building and training of service providers with a view to build up skilled manpower, education and awareness building at all levels and inter-sectoral collaboration. It would be apt to take note of following paras of the judgment:- “13 Generation of reliable data is an essential requirement of a policy aimed at curbing substance abuse. In the absence of accurate data at a national, state and sectoral level, policy interventions can at best remain ad hoc. For, in the absence of data there will be no realistic assessment of the nature and extent of policy interventions required having regard to (i) vulnerable States and regions; (ii) high risk populations; (iii) requirement of infrastructure, including de-addiction centres across the States; (iv) requirement of trained manpower; and (v) requirement of rehabilitation, treatment and counselling services. 14 This is a basic deficiency which the Union government must redress at the earliest. We direct that the Union Government shall expeditiously conclude the national survey on drug abuse within a period of six months from today. Immediate concerns 15. 14 This is a basic deficiency which the Union government must redress at the earliest. We direct that the Union Government shall expeditiously conclude the national survey on drug abuse within a period of six months from today. Immediate concerns 15. The immediate areas requiring remedial attention have been summarized below : (i) Formulation of a national action plan for children; (ii) Creation of a module containing an appropriate curriculum for children of all age groups in order to keep them away from drugs, alcohol and tobacco; (iii) Setting up of de-addiction centres; (iv) Establishing a standard operating procedure on enforcing the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 particularly Sections 77 and 78; and (v) Implementing the action plan with the national policy on narcotic drugs and psychotropic substance which has been approved by the Union Cabinet. 16. The counter affidavit addresses the steps taken by MSJE thus : “The Ministry implements Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drugs) Abuse under which financial assistance is provided to NGOs/Voluntary organizations for running Integrated Rehabilitation Centres for Addicts (IRCAs), organizing de-addiction camps and conducting awareness programmes, about the ill effects of Alcoholism and Substance (Drugs) Abuse on the individual, family, workplace and the society at large. At present the Ministry gives financial assistance to approximately 400 Integrated Rehabilitation Centres for Addicts (IRCAs), which are spread, all over the country, These IRCAs aim at enabling the addict to achieve total assistance and improve their quality of life. The IRCAs provide the whole range of community based services for the identification, motivation, counselling, de-addiction, after case and rehabilitation for whole person recovery (WPR) of addicts to make a person drug free, crime free and gainfully employed.” The real need is to ensure the formulation of a National Plan so that all interventions are in accordance with a properly formulated national policy framework. 17. The Union Government has stated that a national policy on drug demand reduction is being finalized. The priority areas of intervention would include capacity building and training of service providers with a view to build up skilled manpower, education and awareness building at all levels and intersectoral collaboration. The policy also proposes to adopt a system of accreditation of de-addiction centres. The priority areas of intervention would include capacity building and training of service providers with a view to build up skilled manpower, education and awareness building at all levels and intersectoral collaboration. The policy also proposes to adopt a system of accreditation of de-addiction centres. The policy must in our view address the need for setting up de-addiction centres in every district and address specific vulnerabilities particularly in the context of high risk populations including children. We direct that this exercise be completed and that a national policy be formulated within a period of six months from today. 18. As regards the formulation of a curriculum incorporating appropriate aspects of generating awareness and sensitisation, an affidavit has been filed on behalf of the Department of Higher Education in the Union Ministry of Human Resource Development. On 4 December 2015 directions were issued in the present case in pursuance of which inclusion of issues relating to eradication of alcohol and drug abuse in the New Education Policy was taken up. A consultative process has been initiated by the Union Government. A committee was constituted on 31 October 2015 for the evolution of a New Education Policy (NEP). Out of 33 themes identified, 2 themes of school education are titled : (i) comprehensive education – ethics, physical education, arts and crafts; life skills; and (ii) focus on child health. This, it has been stated, would cover “the implied importance of the inclusion of issues pertaining to eradication of alcohol and drug abuse in the NEP.” MSJE has recommended tobacco and education on drug abuse within two of the above themes. This has been placed before the Committee. The court is informed that the Committee indicated on 30 December 2015 that the theme relating to eradication of alcohol and drug abuse will be included in its recommendations. 19. The importance of adopting a holistic solution to deal with issues pertaining to alcohol, tobacco and drug abuse in the school curriculum has to be adequately emphasized. We are of the view that since the entire issue is pending consideration before the government, it would be appropriate to await the ultimate formulation. However, we may indicate that rather than resting on an “implied inclusion” of such an important subject within an extant head or topic, it would be appropriate if the competent authorities consider how children should be protected from the dangers of substance abuse. However, we may indicate that rather than resting on an “implied inclusion” of such an important subject within an extant head or topic, it would be appropriate if the competent authorities consider how children should be protected from the dangers of substance abuse. These are matters which should not be brushed under the carpet. The authorities should consider how children should be sensitised (having due regard to the age and stage of the child) of the dangers of drug use, the necessity to report drug use and the need to develop resistance to prevailing peer and social pressures. 20. The enormity of the problem makes it impractical for the judicial process to address all issues in one proceeding. We have addressed three systemic issues mentioned above. We have done so on the basis of the existing policy framework of the Union government, as evidenced by the material to which we have adverted in the prefatory part of this judgment. We have not laid down policy in exercise of judicial review. We have issued directions to enforce obligations under the existing legislative and administrative framework. 21. We proceed to summarise, our directions to the Union government, as indicated earlier. The Union government shall: 21.1 Complete a national survey and generate a national data base within a period of six months; 21.2 Formulate and adopt a comprehensive national plan within four months, which will among other things also address the areas of immediate concern noted earlier; and 21.3 Adopt specific content in the school curriculum under the aegis of NEP. 22. We dispose of the writ petition with the aforesaid directions. However, we grant liberty to the petitioner to move the court in separate proceedings when it becomes necessary to do so including on various aspects which have been the subject matter of these proceedings.” 8. Pursuant to the directions issued by this Court, respondent-State (respondents No.1 to 3) filed their response through Superintendent of Police, Kangra at Dharamshala, who, while fairly admitting that situation is alarming and there is growing drugs abuse in the society, submitted before this Court that police has launched special campaign against the drug peddlers, psychotropic drugs sellers in the District, especially the bordering areas of Punjab State and has been quite successful in seizing various ND&PS substances and also Medicines falling under the ‘D&C Act’. He also stated that though charge sheet stands filed in most of the cases constituting offences under the ND&PS Act, but such action could not be taken by them as regards the offences under the ‘D&C Act’ because of provisions contained in Chapter-IV, Section 32 of ‘D&C Act’, which provides that, for taking of cognizance of offences, no prosecution under the Chapter shall be instituted except on the complaint of an Inspector (i.e. an officer appointed under Section 3(e) of the Act), any Gazetted Officer authorized by Central or State Government by general or special order, any person aggrieved or by recognized consumers association. 9. Superintendent of Police in his affidavit further stated that whenever an offence falling under the ‘D&C Act’ is detected by the police, it cannot investigate the case like other cognizable cases and it is incumbent for the Investigating Officer to forward the drugs so recovered to the Drugs Inspector for taking necessary action in accordance with the ‘D&C Act’ and as such, all the cases registered under ‘D&C Act’ are forwarded to the concerned Drug Inspector for launching prosecution under the said Act. 10. Superintendent of Police further highlighted the difficulties expressed by the police and stated that on account of special provisions regarding launching of prosecution under the ‘D&C Act’, the police cannot investigate and launch prosecution against those offences and have been facing difficulties in the cases where drugs constituting offence under the ‘D&C Act’ are recovered side by side with substances constituting offence under the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS Act’). It appears that Superintendent of Police, Kangra at Dharamshala, with a view to stop the practice of person selling drugs without licence in every nook and corner of the District without compliance of the provisions of the ‘D&C Act’, ‘NDPS Act’ and Rules there-under, had taken up the matter with the Government for making offences under ‘D&C Act’ cognizable within the State of Himachal Pradesh because admittedly Police Department has larger resources and better information network for determination of crime vis-a-vis Drug Inspector for whom it may not be possible to have information of selling of drugs without licence. Approximately, 200 cases came to be registered under ‘D&C Act’ by police between the year 2015 to 2017 in District Kangra alone, but only in three cases charge-sheets came to be filed in competent Court of law because subsequent action, if any, pursuant to registration of the case is/was to be taken by Drug Inspector by resorting to the provisions of ‘D&C Act’. 11. Taking note of the aforesaid submissions/averments contained in the affidavit of Superintendent of Police, Kangra at Dharamshala, this Court called upon Secretary (Health) to the Government of Himachal Pradesh to file his personal affidavit, who submitted before this Court that every best possible effort is always taken and being taken to check any menace through its regulatory mechanisms, in order to secure the Constitutionally provided “Right to Healthy Life” to its citizens as also to curb the said evil, if any, from the Society. Secretary(Health) further stated that a special drive against the menace of drugs being misused as intoxicants has been launched in the State for last more than two years through its concerned functionary i.e. the State Drugs Controller, Himahal Pradesh, respondent No. 6. With a view to curb the drug menace more effectively, every possible effort has been made at administrative and legislative level in the State of Himachal Pradesh and in this regard State Legislative Assembly has passed State amendments to the Drugs and Cosmetics Act, 1940 through the Drugs and Cosmetics (Himachal Pradesh Amendment) Bill, 2016 making it more stringent with proposed provisions as under: “Every offence relating to clause (C) of Section 18 and punishable under sub clause (ii) of clause (b) of Section 27 shall be cognizable and non-bailable, and any Police Officer in uniform not below the rank of Assistant Sub-Inspector of Police may arrest without warrant any person against whom a reasonable complaint has been made or credible information has been received of his having been concerned in any of the offences relating to section 18(C) and punishable under sub-clause (ii) of clause (b) of Section 27, with the provision that such police officer may take assistance of the Drug Inspector, as he may considers necessary. It is added that the amendment further provides provision for sealing any premises wherein any drug or cosmetics is being manufactures, sold, or stocked or exhibited or offered for sale or distributed in contravention of the provisions of Section 18 of the Act, with provisions of burden of proof on the person from whose possession such drugs or cosmetics are seized in such contraventions.” 12. Secretary(Health) to the Government of Himachal Pradesh further disclosed to this Court by way of affidavit that above referred Drugs & Cosmetics (Himachal Pradesh Amendment) Bill, 2016 was sent to the Government of India for according approval, whereafter some clarifications were sought for by the Government of India, which have also been sent with justification including the references of the State amendments as made by the States of West Bengal and Uttar Pradesh, but the matter is still pending with the Government of India. 13. Lastly, it also emerge from the affidavit of Secretary(Health) to the Government of Himachal Pradesh that with a view to further tighten the noose, necessary directions were issued to the State Drugs Controller, Himachal Pradesh to cancel the licenses of a retailer who contravenes the provisions of the ‘D&C Act’ in respect of the drugs being misused as intoxicants, or of a wholesaler who contravenes the provisions of the Act or sells these drugs to unauthorized persons or of a manufacturer who diverts these drugs for clandestine use or sells these drugs to unauthorized persons. Taking note of the fact that some drugs had its more reported misuse than its medicinal use, the State Government has directed to suspend the product formulations of the manufactures in the State of Himachal Pradesh in respect of drugs like Pseudoephedrine, Ephedrine, Diphenoxylate and Buprenorphine, till furthers orders in public interest. 14. Taking note of the fact that some drugs had its more reported misuse than its medicinal use, the State Government has directed to suspend the product formulations of the manufactures in the State of Himachal Pradesh in respect of drugs like Pseudoephedrine, Ephedrine, Diphenoxylate and Buprenorphine, till furthers orders in public interest. 14. Though Secretary (Health) to the Government of Himachal Pradesh by way of aforesaid affidavit made a serious endeavour to make this Court believe that persons responsible for taking decision in this regard are seized of the matter and all possible steps are being taken towards eradication of this social evil, but this Court, after having noticed ground reality, which itself is visible from the respective affidavits filed by the respondents, be it Superintendent of Police, Kangra at Dharamshala or Authorities responsible for enforcing provisions contained in ‘D&C Act’ in the State of Himachal Pradesh, is of the view that steps taken or proposed to be taken for total eradication of illegal trade of drugs are not sufficient, rather much is required to be done in this direction on the ground level. 15. Noticeably, it has come in the affidavit having been filed on behalf of respondent No.4 i.e. Drug Inspector, Dharamshala, District Kangra that there are only three Drug Inspectors posted in the entire District Kangra, which is the biggest District of the State having 15 Legislative Assembly Constituencies. Apart from above, boarder of this District touches State of Punjab. As per affidavit filed by Drug Inspector, consolidated office records of all the three Drug Inspectors of District Kangra suggests that till 23.10.2017 they received 180 cases from the police and out of 180 cases, prosecution/complaint came to be instituted in 86 cases, whereas no further action could be taken by the Authorities concerned for want of concluded documents/report of tests and analyses. 16. As per affidavit dated 25.10.2017 filed by Drug Inspector, Dharamshala, institution of prosecutions are pending in 79 cases constituting offences under ‘D&C Act’, which were handed over to the Drug Inspectors, Dharamshala, Palampur and Nurpur of District Kangra by the police. 16. As per affidavit dated 25.10.2017 filed by Drug Inspector, Dharamshala, institution of prosecutions are pending in 79 cases constituting offences under ‘D&C Act’, which were handed over to the Drug Inspectors, Dharamshala, Palampur and Nurpur of District Kangra by the police. Though Authorities, as have been named hereinabove, by way of aforesaid affidavit made an attempt to justify the delay in filing the cases in competent Court of law, but excuses/explanations offered/rendered on that count cannot be said to be plausible, rather same suggests lackadaisical approach of authorities responsible to deal with such matters. Though we have only been provided with data with regard to Kangra District, wherein only three Drug Inspectors have been posted by the State for looking after 15 Legislative Assembly Constituencies, but we actually do not know what is the total strength of Drug Inspectors posted in the entire State to deal with this problem. We fully appreciate and understand the difficulties faced by drug inspectors in covering such a huge area in District Kangra. By no stretch of imagination, it can be said that only three Drug Inspectors are sufficient to keep vigil in the District having 15 Legislative Assembly Constituencies. 17. Recently, this Bench had an occasion to deal with another Public Interest Litigation i.e. CWPIL No. 27 of 2017 wherein this Court, taking cognizance of affidavits dated 17.4.2017 and 24.4.2017 filed by Zonal Director, Narcotics Control Bureau, Chandigarh (for short ‘Director, NCB’) in Cr. Appeal No. 259 of 2013, wherein detail with regard to cases registered through Narcotics Control Bureau, Chandigarh (for short ‘NCB’), in respect of jurisdiction of Himachal Pradesh for the last five years was made available, called for replies from Zonal Director, NCB Chandigarh, Director General of Police, State of Himachal Pradesh and Chief Secretary to the Government of Himachal Pradesh. 18. From the perusal of affidavit, having been filed by Director, NCB, it transpires that in the last five years, only 16 cases under the provisions of ‘NDPS Act’ came to be registered by ‘NCB’ in the State of Himachal Pradesh and out of the same only 11 successful trials, only in three cases the accused were convicted, whereas in other cases appeals are pending consideration before various Courts. Since, the Court was not satisfied with the explanation rendered by Director, NCB, as far as necessary steps taken by ‘NCB’ with regard to implementation of directions issued by Apex Court in State of Gujarat vs. Kishanb hai and others, (2014)5 SCC 108 , this Court was compelled to issue certain directions. 19. Interestingly, in that case also authorities responsible to deal with this drug menace made an endeavour to impress upon this Court that sizeable contrabands, be it charas or other Psychotropic Substances, were recovered from various parts of the State, but, figures/detail furnished by abovementioned authority in its report Annexure D-1 is/was alarming. As per report, in the year 2012, 282.370 kgs. charas came to be recovered from Himachal Pradesh, whereas in the year 2013, it increased to 314.962 kgs. As per own information of ‘NCB’, 356.963 kgs. charas was recovered in the year 2014. Though opium seizures have not been more than 10 kgs., but in the year 2015, 283.446 kgs. charas came to be recovered from Himachal Pradesh. 20. Apart from aforesaid contraband, ‘NCB’/other agencies, responsible for ensuring compliance of provisions contained under Narcotic Control Act, also recovered smack, ganja, brown-sugar and cocaine of substantial quantity from the State of Himachal Pradesh. 21. Though Director General of Police, State of Himachal Pradesh in its reply-affidavit in CWPIL No. 27/2017 claimed that State and Police Department are seized of the menace and has a zero tolerance for the drug abuse, but as has been noticed above, factual position on ground is altogether different, rather very disturbing. 22. Since this Court is separately dealing with illegal trade of Psychotropic Substances as defined under ‘NDPS Act’ in the State of Himachal Pradesh, more particularly, in Kullu Valley, we, at this stage, deem it not necessary to deal with the same in the present petition. Reference to various affidavits filed by NCB/Police in CWPIL 27/2017 has only been made in the present petition to highlight the fact that though concerned authorities are rhetoric in claiming that they are seized of the menace and have a zero tolerance on the drug abuse but factual position on ground is altogether different. 23. Reference to various affidavits filed by NCB/Police in CWPIL 27/2017 has only been made in the present petition to highlight the fact that though concerned authorities are rhetoric in claiming that they are seized of the menace and have a zero tolerance on the drug abuse but factual position on ground is altogether different. 23. We, on taking note of gravity of the matter and realizing the consequences of illegal drug trafficking, its effects on social and economic condition of society, need to take concerted measures to strengthen the agencies so that effective steps are taken for countering such menace. 24. Mr. Satyen Vaidya, learned Amicus Curiae, after having perused various affidavits filed by respondents, raised very relevant issues, which are as follow, which may be helpful in dealing with the situation:- “8(1) Apparently, the provisions of Section 32 of Drugs and Cosmetics Act, 1940 has not been able to achieve the purpose of its incorporation. The menace of drug abuse has increased beyond proportions and its evident tentacles have embraced the consumer base, which in majority of cases in the youth of the nation. As submitted by Superintendent of Police, Kangra in his affidavit the police needs to be conferred jurisdiction and powers to cope with the aforesaid menace by suitable action against violators of the provisions of Drugs and Cosmetics Act, 1940. In its application to the State of West Bengal the provision of Section 32 of Drugs and Cosmetics Act, 1940 has been substituted. All offences punishable under the Act supra have been made cognizable and non-bailable. Police officers above the rank of Sub- Inspector of police have been given power to arrest a person without warrant against whom reasonable complaint has been made or credible information has been received of his having been concerned in any of the offences punishable under the said Act. The State of Himachal Pradesh is also not far behind as far as the menace of drug abuse is concerned, therefore, the suitable amendment is necessitated in law to make the provisions of Section 32 of the Drugs and Cosmetics Act, 1940 more effective.” 25. Latest affidavit filed by Secretary(Home) to the Government of Himachal Pradesh suggests that State Government has proposed some amendments in the Drugs and Cosmetic Act, 1940 vis-à-vis Sections 19, 22, 23 and 36. Latest affidavit filed by Secretary(Home) to the Government of Himachal Pradesh suggests that State Government has proposed some amendments in the Drugs and Cosmetic Act, 1940 vis-à-vis Sections 19, 22, 23 and 36. By proposed amendment, Section 36(A-E) is proposed to be inserted vide which offences under Sections 18 and 27 are to be made cognizable and non-bailable and further Police Officer not below the rank of the Sub Inspector has been proposed to possess the power to arrest without warrant on receiving reasonable complaint. The amendment bill was approved by Vidhan Sabha on 27.8.2016 and at present the same is under active consideration of Government of India. Secretary has further stated in the affidavit that suggestion put forth by learned Amicus Curiae requires deliberations and consultations in order to bring out the necessary amendments in Section 32 of ‘D&C Act’, which is definitely a central legislation and further steps in this regard can only be taken after detailed discussions. 26. Though in the present case, we are only concerned with delay in registration of cases for violation of provisions contained in ‘D&C Act’ in launching of prosecution by Drug Inspectors in terms of various provisions of the Act after registration of cases by police officials, but as has been noticed above that police has been prompt in registering the cases under ‘D&C Act’ after noticing violation of provisions contained under the Act but since it has no power to register/institute the case against erring person under ‘D&C Act’, matters are being referred to Drug Inspectors, who either due to lack of sufficient staff or lack of expertise, have not been able to deliver desirable results. 27. During proceedings of the case, this Court had an occasion to deliberate upon the issue of amendment in ‘D&C Act’ having been raised by Superintendent of Police, Kangra and in this process certain suggestions were also made by Amicus Curiae. 27. During proceedings of the case, this Court had an occasion to deliberate upon the issue of amendment in ‘D&C Act’ having been raised by Superintendent of Police, Kangra and in this process certain suggestions were also made by Amicus Curiae. State of Himachal Pradesh, with a view to curb the drug menace, has already passed State amendments to the Drugs and Cosmetics Act, 1940 through the Drugs and Cosmetics (Himachal Pradesh Amendment) Bill, 2016, wherein every offence relating to clause (C) of Section 18 and punishable under sub clause (ii) of clause (b) of Section 27 would be cognizable and non-bailable, and any Police Officer in uniform not below the rank of Assistant Sub-Inspector of Police may arrest without warrant any person against whom a reasonable complaint has been made or credible information has been received of his having been concerned in any of the offences relating to Section 18(C) and punishable under sub-clause (ii) of clause (b) of Section 27, with the provision that such police officer may take assistance of the Drug Inspector. But, such amendment bill is pending before the Government of India. Though efforts have been made by the respondent-State to bring certain reforms in ‘D&C Act’ by approving Drugs and Cosmetics (Himachal Pradesh Amendment) Bill, 2016, but still much is required to be done. State Government has also proposed certain amendments in ‘D&C Act’ vis-à-vis Sections 19, 22, 23 and 36, whereby offences under Sections 18 and 27 are proposed to be made cognizable and non-bailable with the further powers to Police Officers not below the rank of the Sub Inspector to arrest without warrant on receiving reasonable complaint. But, since ‘D&C Act’ is a Central Act, necessary call in this regard can only be taken after the prior approval of Government of India. Government of Himachal Pradesh is seized of the matter as has been stated by Secretary (Home) to the Government of Himachal Pradesh and as such, this Court sees no occasion to keep the present petition alive, especially in view of pendency of CWPIL No. 27 of 2017, wherein similar issue with regard to drug menace is being dealt with by this Court. However, before parting, we wish to notice that National Legal Service Authority at the time of launch of Legal Service Scheme of “NALSA” and “WORKSHOP ON ACTUALIZATION OF THE NALSA SCHEME” held serious deliberations with regard to rendering of legal services to the victims of drug abuse and eradication of drug menace, which particular session came to be chaired by Hon’ble Mr. Justice T.S. Thakur, Former Chief Justice of India, who at that relevant time was Executive Chairman of “NALSA”. In the aforesaid workshop Scheme; namely; NALSA (Legal Services to the Victims of Drug Abuse and Eradication of Drug Menace) Scheme, 2015) came to be launched by National Legal Services Authority (NALSA). It would be appropriate to take look at background in which aforesaid Scheme came to be launched: “1. The phenomenal rise in drug trafficking and drug abuse amongst the youth, children and adolescents has serious implications, adversely affecting national health and economy. Curbing it is the highest priority for the State as well as the society. 2. It is an open secret that drugs have spread their dreaded tentacles on innocent children, adolescents, youth and women. The horrible dimension, which this menace has acquired, can be gauged from the average age of initiation of drugs which is as low as nine-ten years. Recent empirical studies reveal that about 7 crore people in India are involved in substance abuse, out of whom about 17% are addicts. 3. The illicit cultivation of plants wherefrom the substances/drugs are derived is an area of major concern. Generally, people are unaware of the ill effects of such cultivation. In order to prevent illicit cultivation of substances, participation of Panchayati Raj Institutions and Local Bodies is necessarily required. 4. Although many agencies of the State as well as Non-Governmental Organizations are working in the field for eradication of drug trafficking and drug abuse, there is lack of coordination amongst them. Individual efforts of different functionaries and agencies have not achieved the desired results. Experience shows that the victims of drug abuse have no idea how to tackle the issues of treatment and rehabilitation. 5. Individual efforts of different functionaries and agencies have not achieved the desired results. Experience shows that the victims of drug abuse have no idea how to tackle the issues of treatment and rehabilitation. 5. Considering the fact that Legal Services Institutions can contribute a lot to curb this menace, a resolution was passed in the 13th All India Meet of State Legal Services Authorities held at Ranchi (Jharkhand), concluding that Drug Addiction and Drug Abuse should be a major area of concern for all Legal Services Institutions and a necessity was felt to examine the issue therein.” 28. Though the aforesaid Scheme, which is quite exhaustive, also contains details with regard to existing legal provisions available in Statutes to deal with menace of narcotic drugs and trafficking, but since, such provisions of law are known to all agencies including police, NCB, it is not necessary to reproduce the same, rather this court deems it profitable to take note of the objectives of Scheme given in para-5 of the Scheme, so that very object of the scheme is known to all stakeholders including Judiciary, Prosecution, Members Of Bar, Police, Excise, Forensic Laboratory, De-Addiction Centres, Corrective Homes, Rehabilitation Centres, School College And University Administration, Children Homes, Old Age Homes, Nari Niketans, Schools For Special Children, Ministerial Staff Of Courts etc. so that necessary directions/guidelines are issued to the concerned agencies to combat the menace of narcotic drugs. Para-5 of the scheme is reproduced herein below:- “5.1 To disseminate awareness amongst the general masses regarding the Legal Provisions, various Policies, Programmes and Schemes, in respect of Narcotic Drugs and Psychotropic Substances as well as to create awareness about the ill effects of drug abuse amongst the children in schools and colleges, street children, urban slum children, injective drug users, families, prisoners, workers in unorganized Sector, Chemists, drug pedlars, sex workers and general masses etc. 5.2 Organizing literacy camps for sensitizing the farmers who are carrying out permissible cultivation of various substances/source plants about the adverse health and life threatening effects of consumption of such drugs and substances. 5.3 To spread awareness amongst the parents, teachers and students about the ill effects of the substance abuse. 5.2 Organizing literacy camps for sensitizing the farmers who are carrying out permissible cultivation of various substances/source plants about the adverse health and life threatening effects of consumption of such drugs and substances. 5.3 To spread awareness amongst the parents, teachers and students about the ill effects of the substance abuse. 5.4 To sensitize the various stakeholders viz; Judiciary, Prosecution, Members of Bar, Police, Forensic Laboratories, De-addiction Centres, Corrective Homes, Rehabilitation Centres, School, College and University administration, Children Homes, Old-age Homes, Nari Niketans, Schools for Special Children, Ministerial Staff of Courts, etc. about the drug menace and effective measures to curb it. 5.5 To mobilize the available infrastructure in identifying the victims of drug abuse, their treatment and post detoxification rehabilitation. 5.6 To tap the potential of the Panchayati Raj Institutions/Local Bodies at grass root level for intervention and prevention of drug abuse and destruction of illicit cultivation of plants used to derive the drugs/substances. 5.7 To maintain effective coordination with the Drug De-Addiction Centres and Rehabilitation Centres etc. for better facilities and respect for the rights of the victims and to intervene, if any, breach is noticed. 5.8 To coordinate the activities of various stakeholders working in the field. 5.9 To ensure essential legal services to the victims of drug trafficking and drug abuse.” 29. Since Scheme is quite comprehensive and exhaustive, it may not be possible to reproduce the same, but definitely concerned quarters can take great help from the same, while drawing action plan to deal with the menace. 30. Consequently, in view of detailed discussion made hereinabove, present petition is closed with the direction to the Secretary(Home) to the Government of Himachal Pradesh to take follow up action with the Government of India, wherein Amendment Bill as approved by Vidhan Sabha on 27.8.2016 is lying pending so that necessary amendments are made at the earliest to enable Police Authorities to institute prosecution against earring person under Drugs and Cosmetic Act, 1940. This Court also hopes and trust that valueable suggestions rendered by learned Amicus Curiae to bring necessary amendments in Section 36 of the ‘D&C Act’ shall also be expedited and decision in this regard shall be taken with utmost promptitude, preferably within a period of two months from today, whereafter affidavit of compliance shall be filed by Secretary(Home) to the Government of Himachal Pradesh in the Registry of this Court. 31. 31. We also wish to place on record appreciation qua the efforts put in by Mr. Satyen Vaidya, Senior Advocate, Amicus Curiae, who, on the instructions of this Court, regularly provided the feed back. 32. Copy of instant order shall be made available to the Secretary (Health)/Secretary (Home) to the Government of Himachal Pradesh, Director General of Police, Himachal Pradesh and the State Drugs Controller, Himachal Pradesh including Amicus Curiae.