Despite alarming rise in drug trafficking, J&K fails to establish Spl NDPSA courts

*Grave threat looms large over young generation

Mohinder Verma
JAMMU, Apr 1: Though continuous rise in drug trafficking and its adverse impact on the young generation is a matter of grave concern in whole of the country, the issue has yet not been taken seriously by the concerned authorities in Jammu and Kashmir. This is evident from the fact that special courts for expeditious disposal of the cases registered under the Narcotics Drugs and Psychotropic Substances Act (NDPSA) as directed by the Apex Court of the country more than three years back are yet to be established.
The non-serious approach is notwithstanding the fact that drug trafficking is continuously on rise and during last year 588 cases were registered under NDPSA against 863 persons for indulging in smuggling of narcotic drugs and intoxicants.
According to the official data, during the period between January 1, 2015 and December 31, 2015 a total of 588 cases were registered under NDPS Act against 863 persons. A total of 4282 kilograms of narcotic drugs were seized during this period. This includes 75.282 kilograms of charas, 101 kilograms heroin/brown sugar, over 2 kilograms of opium, 3833 kilograms of opium derivatives, one kilogram of cocaine, 28 kilograms of Ganja and 192.250 kilograms of cannabis.
Not only narcotics, the trafficking of banned intoxicants is also on rise and this is evident from the official figures. During the year 2015, 195019 intoxicant capsules/tables, 17610 bottles of intoxicant syrups and 4026 intoxicant injections were seized.
“These figures clearly indicate the level of threat being posed by the trafficking of drugs and intoxicants to the younger generation of the State”, sources said, adding “though huge seizure of all sorts of narcotic drugs and intoxicants was made by the Jammu and Kashmir Police during the year 2015, the possibility of large quantity of drugs and intoxicants successfully exchanging different hands and finally reaching youngsters in the length and breadth of the State cannot be ruled out as well-knit drug cartels are working right from Lakhanpur to Kashmir to spoil the young generation”.
They further said: No doubt, huge number of drug peddlers and narcotics smugglers are being nabbed every year but majority of them finally get acquitted from the courts mainly because of improper investigation and failure of the senior police officers to monitor the investigation. While acquitting accused booked under Narcotic Drugs and Psychotropic Substances Act, the courts generally observe that senior police officers are not monitoring the investigation in NDPSA cases.
Due to non-serious approach at different levels in handling NDPSA cases, not only the drug peddlers get acquitted but also the police officers and officials responsible for inefficient investigation go scot-free without any accountability for failure to discharge their due functions and duties. “It is a matter of serious concern that no focus is being laid on efficient and scientific investigation followed by vigorous prosecution of those found involved in the disturbances of rules of law”, sources regretted.
Keeping in view the grave threat being posed by the smuggling of narcotics and intoxicants and to ensure that NDPSA cases are disposed off as expeditiously as possible, the Supreme Court in a case titled “Thana Singh Versus Central Bureau of Narcotics” on January 23, 2013 delivered a landmark judgment directing all the States to establish special courts to deal with cases registered under NDPS Act.
But J&K has not shown any seriousness towards the important directives of the Supreme Court as despite lapse of more than three years the file regarding establishment of special courts is shuttling between Law, Finance and Planning Departments, sources informed, adding “this clearly indicates that three years is too small a period for J&K authorities to translate Apex Court’s directive into reality”.
According to the sources, the J&K High Court through Registrar General has issued repeated reminders to the Law Department for decision on establishment of special courts but there is no positive development till date. “Presently, the file is lying in the Finance Department after the Law Department recorded its observations on the point raised by the former”, sources informed.
It is pertinent to mention here that the prime objective for setting up of special courts is to ensure speedy trial of all cases under the NDPS Act so that it serve as a deterrent for people involved in drug trafficking. The Apex Court had also directed that Nodal Officers be appointed in all the departments/agencies dealing with the NDPS cases for monitoring the progress of investigation and trial. The Supreme Court had further directed that these Nodal Officers must be equivalent or superior to the rank of Superintendent of Police, who shall ensure that the trial is not delayed on account of non-supply of documents, non-availability of the witnesses or for any other reason.
Astonishingly, this aspect of the directive has not been taken seriously till date, sources said.