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Himachal Pradesh High Court · body

2018 DIGILAW 845 (HP)

Court On Its Own Motion v. State Of Himachal Pradesh

2018-05-07

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Ajay Mohan Goel, J —This Court took a suo motu cognizance of a newspaper report published in "Dainik Bhaskar" dated 02.02.2018 under caption "School Chhatron Ke Bag Mein Mile Hathiar, Sharab Ki Botlen" and issued notices to respondents on 05.02.2018. 2. On 27.02.2018, Ms. Megha Kapoor Gautam, learned counsel was requested by the Court to assist as Amicus Curiae in the matter. 3. Today, learned Advocate General has filed an affidavit of compliance of the Director General of Police, relevant paras of which are reproduced herein below:- "5. That as per the information supplied by the Superintendent of Police, Mandi vide letter dated 20.04.2018 (Annexure R-3) and letter dated 04.05.2018 (Annexure R-4 colly) , news was published in daily news paper regarding recovery of drugs and knives etc., from the school bag of children at Joginder Nagar. On this Assistant Sub Inspector Jai Chand, Investigating Officer Police Station, Joginder Nagar, reached the spot where no quarrel between the school children was found to have occurred. However, an unidentified bag was found on the spot in which a "Darat" and one bottle of Pepsi in which 150 ml country liquor was found. During the course of enquiry, statements of spot witnesses and the Principal, Bharti Public School & Shanti Niketan, Joginder Nagar were recorded. As per statements, no quarrel among the school children was found to have taken place and even the unidentified bag which was found was not found belonging to any student of their school. It is further submitted that with regard to this unidentified bag the investigation is still continuing. The copies of statements of spot witnesses Nageshwar S/o Sher Singh, Vinod Kumar S/o Trilok Chand and statements of Principal Shanti Niketan Public School & Principal Bharti Public School and photocopy of seizure memos are annexed herewith as Annexure R-5 to 9 respectively. It is submitted that no complaint in this regard has been reported at Police Station, Joginder Nagar by any person as well as parents/guardians of any school children. During the course of enquiry the matter has also been enquired from school children who have told that no quarrel occurred among them at that time. It is submitted that no complaint in this regard has been reported at Police Station, Joginder Nagar by any person as well as parents/guardians of any school children. During the course of enquiry the matter has also been enquired from school children who have told that no quarrel occurred among them at that time. Even the matter was enquired from Civil Hospital, Joginder Nagar and as per their report, no matter/incident came in the notice of Hospital authority regarding quarrel among the school children on 01.02.2018 and no student came or was brought there for medical treatment on that day. The factum of incident as well as that of recovery was entered into daily diary subsequently (photo copy of report is being annexed herewith as Annexure R-10) . 6. That the enquiry is still continuing in the matter as well as on unidentified bag which was found on the spot. No cognizable offence is found to have occurred as is evident from (Annexure R-4 colly) . It is further submitted that all the Station House Officers of District Mandi have been directed to strengthen the patrolling around schools during the school hours & keep sharp vigil around the schools. Police personnel in plain clothes have been deputed for the purpose. 7. That educational institutions are vulnerable to drug abuse etc. Keeping in view the gravity of the menace and, to keep the educational institutions drug free, police personnel in plain clothes are deployed near the educational institutions to keep vigil on drug peddlers/addicts (Annexure R-11, R-12 & R-13) respectively. Wherever any information is received from the educational institutions it is attended promptly and action as per law taken." 4. Learned Advocate General has further assured the Court that the enquiry shall be taken to logical conclusion and further all the steps shall be taken by the State so as to ensure that the educational institutions are insulated from drug and liquor abuse. Learned Amicus Curiae has expressed her satisfaction over the affidavit so filed by the Director General of Police. 5. In this backdrop, we are persuaded by learned Advocate General to close the proceedings with the observation that all endeavour be made by the State to ensure that the educational institutions are kept drug free and that appropriate strength of police personnel in plain clothes are deployed near the educational institutions to keep vigil on drug peddlers etc. 6. 5. In this backdrop, we are persuaded by learned Advocate General to close the proceedings with the observation that all endeavour be made by the State to ensure that the educational institutions are kept drug free and that appropriate strength of police personnel in plain clothes are deployed near the educational institutions to keep vigil on drug peddlers etc. 6. Before parting, we wish to place on record appreciation for the efforts put in by Ms. Megha Kapoor Gautam, learned Amicus Curiae. 7. Registry is directed to send a copy of this judgment to the Deputy Commissioner, Mandi and Superintendent of Police, Mandi, for necessary action.