CRM No.

13484 of 2019 in CRA-D-917-DB of 2011 -1-

CRM No. 13484 of 2019 in CRA-D-917-DB of 2011

Baljinder Singh Vs. State of Punjab

Present: Mr. Chetan Mittal, Senior Advocate, with

Mr. Vivek Singla, Advocate,
for the applicant-Directorate of Enforcement,
Jalandhar Zonal Office.

Mr. Gaurav Garg Dhuriwala, DAG, Punjab.

Mr. Aditya Kaushik, Deputy Director (Drug De-addiction)

Social Justice & Empowerment, Haryana.

Mr. Ashok Gautam, Joint Director, Directorate of Enforcement,

Jalandhar Zonal Office.

Mr. Dinkar Gupta, DGP, Punjab, with

Mr. Arun Saini, AIG, Punjab.

Mr.H.S.Sidhu,ADGP,Chief of Special Task Force, Punjab, with

Mr. Balkar Singh Sidhu, IG, Special Task Force.

Mr. Pardeep Kumar, Drugs Controller, Punjab.

Mr. Narinder Ahuja, Drugs Controller, Haryana.

Mrs. Shubhra Singh, Addl. A.G., Haryana.

***

In sequel to the directions issued by this Court, DGP, Punjab

with AIG, Punjab; Directorate of Enforcement, Jalandhar Zonal Office;

Deputy Director (Drug De-addiction), Social Justice & Empowerment,

Haryana;Joint Director, Directorate of Enforcement, Jalandhar Zonal Office;

and ADGP, Chief of STF, Punjab, with IG, STF, are present in the court for

interaction. The Court had a long interaction with these officers and they

have provided valuable assistance to arrest the menace of drug abuse.

Vide judgment dated 22.01.2019, this Court had issued as many

as 25 directions to the State of Punjab in order to eradicate the menace of

drugs.

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We have decided to take up the directions and its para-wise

compliance for clarity, since the State Government has filed a

comprehensive status report.

According to direction No. 1 in para 46, the State Government

was directed to launch special awareness drives to make the people aware of

the ill-effects of drugs on the society. The Deputy Commissioners of the

districts were ordered to be appointed as the Nodal Officers to make the

citizens aware of the ill-effects of the drugs and controlling the same.

The State Government in its tabular status report has stated that

since January, 2019, a comprehensive media campaign against drug abuse

has been launched in the State, encompassing print, electronic and social

media, including radio and television. A sum of about Rs. 2.35 crores has

already been spent on the awareness campaigns. The Deputy Commissioner

of every district has been made the Chairman of the District Mission Team

(DMT) entrusted with implementing the Comprehensive Action against

Drug Abuse (CADA) program of the Government. Awareness campaigns

are also undertaken in all the districts.

The State Government, vide direction No. 2, was directed to

provide latest kits to the Investigating Officers to investigate the matters

under the Opium Act, NDPS Act and other allied Acts.

As per the status report, 7 Mobile Forensic Vans were initially

allotted to various police ranges in the State. However, later on, 13 new

Mobile Forensic Vans were purchased and put to use. Laptop, Latent Finger

Print Developer Kit, Complete Finger Print Taking Kit, Soc Sketching and

Measurement Kit, Search Light Set, Set of Magnifiers, Food and Tyre Print

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Casting Kit, Electrostatic Dust Print Lifting Kit, Physical Evidence Packing

and Collection Kit, General Investigation Kit, Crime Scene Protection/

Cordoning Kit, Tunable Light Source/Forensic Light Source, Blood

Detection Kit, Semen Detection Kit, DNA Sample Packing Kit, Bullet Hole

Testing Kit, Portable Refrigerator, Finger Print Camera, Portable Narcotic

Drug Detection Kit, Digital Video Camera and Portrait Building Software

were procured for these Mobile Forensic Vans. Besides this, PPA, Phillaur,

had conducted training and courses to apprise the police officers about the

relevant provisions of NDPS Act. The State Government has also purchased

108 General Investigation Kits, which were distributed to Field Units. The

Court is satisfied with the status report qua direction No. 2.

Now, the Court will advert to direction No. 3. We had directed

registration of cases against the kingpins under the Prevention of Money

Laundering Act, 2002 at the time of lodging the FIR under the NDPS Act

and Opium Act, and also to attach their properties provisionally relating to

supply of poppy straw, coca plant and coca leaves, prepared opium etc. We

had a long interactive session with Mr. Dinkar Gupta, the Director General

of Police, Punjab, and Mr. Chetan Mittal, Senior Advocate, representing

Directorate of Enforcement, Jalandhar Zonal Office, for a fairly long period.

Mr. Mittal has highlighted that the total cadre strength of Jalandhar Zonal

Office is 55. The working strength is 41. There are 14 posts, which are lying

vacant. Mr. Mittal has also apprised the court that the post of Assistant

Director is of utmost importance. The cadre strength of Assistant Director is

7. All these posts were filled up as on 26.08.2019. However, three posts of

Enforcement Officers are lying vacant. He has requested that the posts of

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Enforcement Officers and Assistant Enforcement Officers may be ordered to

be enhanced.

Consequently, we recommend/suggest to the Director General

of Police, Enforcement, that three vacant posts of Enforcement Officers be

filled up within a period of eight weeks from today. We also recommend the

Directorate of Enforcement to create five posts of Assistant Directors and

five posts of Enforcement Officers within a period of 12 weeks from today.

Mr. Mittal has also brought to the notice of the Court that since the State of

Punjab is sharing information with the Jalandhar Zonal Officer, Nodal

Officer be appointed for liaisoning. The Director General of Police, Punjab,

fairly submits that the Nodal Officer, not below the rank of AIG, shall be

appointed within a period of one week from today. We make it clear that the

Nodal Officer shall be responsible to undertake the liaisoning with

Jalandhar Zonal Officer on case to case basis, in order to register cases

under the Prevention of Money Laundering Act, 2002. Mr. Mittal has also

brought to the notice of the Court that the State of Punjab had shared

information of 105 FIRs with the Directorate of Enforcement.

On the previous date of hearing, a submission was made by the

learned counsels that the cases under the Prevention of Money Laundering

Act, 2002, would be registered only if the amount involved is more than Rs.

one crore. Today, we have again interacted with Mr. Chetan Mittal, Senior

Advocate, and Mr. Dinkar Gupta, DGP, Punjab, who on the basis of their

rich experience have submitted that the amount should be on case to case

basis. In other words, their submission is that it should be flexible. Mr.

Gupta has also submitted before the Court that necessary

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parameters/modules shall be prepared for registration of cases under the

Prevention of Money Laundering Act, 2002, on case to case basis, within a

period of four weeks from today. We appreciate the thorough professional

approach of Mr. Dinkar Gupta, the Director General of Police, Punjab.

This Court, vide directions No. 4 and 5, had directed the State

Government to establish Rehabilitation Center in each district within a

period of six months. The State Government was also directed to appoint

one Psychiatrist for counseling in each Rehabilitation Center. It is brought

to our notice that as per the information supplied by the Secretary, Health

Department, that there are two counselors in each De-addiction and

Rehabilitation Center, being run by the State Government. It has been

further informed that 181 OOAT clinics, 32 Government De-addiction

centers, 20 Government Rehabilitation Centers, 103 private De-addiction

centers, 43 private Rehabilitation Centers and 8 de-addiction centers in

Central Jails were functioning in the State as on 26.08.2019. The total beds

available in Government De-addiction centers and Government

Rehabilitation Centers are 1100. We can take judicial notice that there must

be 500 beds available in the private Rehabilitation Centers.

The Chief of the Special Task Force has brought to our notice

that the de-addiction centers are registered under the Punjab Substance Use

Disorder Treatment and Counseling and Rehabilitation Centres Rules, 2011,

framed under Section 71 of Narcotic Drugs and Psychotropic Substances

Act, 1985. According to Rule 7, no centre in the State of Punjab shall be

allowed to operate, unless it has obtained license from the licensing

authority. The procedure for issuing license is provided in Rule 10.

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Cancellation of license is stipulated under Rule 11. Rule 14 provides for

minimum standards, which are required to be maintained by the Centres,

including physical standards, medical standards, staff requirement. Rule 15

deals with admission. We are of the view that in addition to the license to be

obtained under these Rules, the de-addiction centers are also to be registered

under the Clinical Establishments (Registration and Regulation) Act, 2010

and the Mental Healthcare Act, 2017, within a period of three months from

today, failing which their licenses may be cancelled.

Section 2 (c) of the Clinical Establishments (Registration and

Regulation) Act, 2010, defines “clinical establishment” as under :-

“clinical establishment” means -

(i) a hospital, maternity home, nursing home,
dispensary, clinic, sanatorium or an institution
by whatever name called that offers services,
facilities requiring diagnosis, treatment or
care for illness, injury, deformity, abnormality
or pregnancy in any recognised system of
medicine established and administered or
maintained by any person or body of persons,
whether incorporated or not; or
(ii) a place established as an independent entity or
part of an establishment referred to in sub-
clause (i), in connection with the diagnosis or
treatment of diseases where pathological,
bacteriological, genetic, radiological,
chemical, biological investigations or other
diagnostic or investigative services with the
aid of laboratory or other medical equipment,
are usually carried on, established and
administered or maintained by any person or

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body of persons, whether incorporated or not,

and shall include a clinical establishment owned,
controlled or managed by -
(a) the Government or a department of the
Government;
(b) a trust, whether public or private;
(c) a corporation (including a society) registered
under a Central, Provincial or State Act,
whether or not owned by the Government;
(d) a local authority; and
(e) a single doctor,
but does not include the clinical
establishments owned, controlled or managed
by the Armed Forces.
Explanation.—For the purpose of this clause
“Armed Forces” means the forces constituted
under the Army Act, 1950 (46 of 1950) , the Air
Force Act, 1950 (45 of 1950) and the Navy Act,
1957 (62 of 1957).

Section 2 (p) of the Mental Healthcare Act, 2017, defines

“mental health establishment” as under :-

“mental health establishment” means any health

establishment, including Ayurveda, Yoga and
Naturopathy, Unani, Siddha and Homoeopathy
establishment, by whatever name called, either
wholly or partly, meant for the care of persons
with mental illness, established, owned,
controlled or maintained by the appropriate
Government, local authority, trust, whether
private or public, corporation, co-operative
society, organisation or any other entity or person,
where persons with mental illness are admitted

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and reside at, or kept in, for care, treatment,

convalescence and rehabilitation, either
temporarily or otherwise; and includes any
general hospital or general nursing home
established or maintained by the appropriate
Government, local authority, trust, whether
private or public, corporation, co-operative
society, organisation or any other entity or person;
but does not include a family residential place
where a person with mental illness resides with
his relatives or friends.

Section 2 (s) defines “mental illness” as under :-

(s) “mental illness” means a substantial disorder

of thinking, mood, perception, orientation or
memory that grossly impairs judgment,
behaviour, capacity to recognise reality or ability
to meet the ordinary demands of life, mental
conditions associated with the abuse of alcohol
and drugs, but does not include mental retardation
which is a condition of arrested or incomplete
development of mind of a person, specially
characterised by subnormality of intelligence.

We also recommend that all the de-addiction centres should

have a clinical psychologist, child psychologist and Yoga therapist. We also

impress upon the State of Punjab to integrate the Skill Development

Mission in the Rehabilitation Centers for better rehabilitation of the victims.

The State Government, vide direction No. 6, was directed to

appoint the senior-most teacher as the Nodal Officer to counsel the students

on every Friday of the month about the ill-effects of drugs. We have been

told that the State Government has implemented the “Buddy program” in all

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the educational institutions (schools/colleges/universities) since 15.08.2018,

to protect the students from falling prey to the drug menace. The senior-

most faculty member/teacher has been appointed as the Nodal Officer in

every educational institution to effectively implement the Buddy program.

We appreciate the steps already taken under the Buddy program. We direct

all the educational institutions i.e. government run, government aided,

private schools, minority institutions, to counsel students on every Friday of

the month about the ill-effects of drugs.

Vide direction No. 7, we had directed the State Government to

post one plain-clothes policeman from 8.00 AM to 6.00 PM around all the

educational institutions to nab the drug peddlers and kingpins. According to

the status report, all field intelligence units have been directed to keep a

close watch on shops, dhabas, truck shops, khokhas and tea stalls etc. to

ensure that the owners thereof are not permitted to indulge in sale of drugs.

We have also been apprised that there is acute shortage of manpower and

workforce is already stretched in innumerable duties of law and order. It has

come in the report that PCR (Police Control Room) vehicles, WASPS

(Women Armed Special Protection Squads), police personnel in civil dress

from various units, including Anti-Narcotics Cell, CIA, Special Branch, PO

staff and STF, have been deputed in field for action against the drug

peddlers and drug POs. Liaison Officers have been attached with the

educational institutions for better coordination and information sharing,

including on the drug front. The educational institutions have been divided

into clusters and a PCR vehicle has been assigned for patrolling each cluster

to have a deterrent effect. It was also considered to cover the educational

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institutes by introducing a neighbourhood watch scheme under the

community policing programme and further supplement these efforts by

getting CCTV cameras installed outside all the educational institutions. The

Gazetted Officers and SHOs also remain in close coordination and

communication with the staff of educational institutions. The PSLO (Police

School Liaison Officers) and PCLO (Police College Liaison Officers) have

been deputed in each police station, who are in regular touch with the

Principals and Heads of the educational institutes for effective coordination

on the sensitive issue of drugs peddling and drug abuse. The CIA staff,

Special Branch officials, CID personnel and Anti Narcotics Staff have also

been directed to visit these institutions randomly to keep a watch on any

activity related to drugs. Shifting `nakas' have also been deployed. Regular

awareness seminars against drug abuse are being held by the police

personnel in the educational institutions. We appreciate the efforts already

made by the DGP, Punjab. However, we make it clear that the officers

deployed should not be below the rank of SI/ASI. The directions issued

regarding educational institutions shall be supervised by the Senior

Superintendent of Police of each district and he shall submit the report to

the DGP of the State. We make it clear that all the educational institutions

shall comply with the directions in letter and spirit. It is also made clear that

in case, directions are not complied with, it shall be open to the Principal

Secretary, Education Department, to cancel affiliation/recognition of the

concerned educational institute. We also make it clear that it shall be open

to the DGP, Punjab, to issue directions to the CBSE, PSEB, ICSE that in

case, the directions issued to the educational institutes, concerning drug

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abuse, are not complied with, their affiliation/ recognition be withdrawn.

Further, vide direction No. 8, we had directed that the Drugs

Inspector, while raiding the factories, industries, medical shops etc., shall be

accompanied by a person not below the rank of the Assistant Commissioner

of Police, including the Gazetted Officer from the Food and Supplies

Department. The DGP, Punjab, has submitted that instead of Assistant

Commissioner of Police, a person not below the rank of Deputy

Superintendent of Police or Inspector, shall be deputed. We agree to his

submission.

Vide direction No. 9, we had directed the Assistant

Commissioner of Police of the concerned district to personally monitor all

the cases registered under the Opium Act and the NDPS Act, 1985, to plug

the loopholes. As per the status report, necessary directions in this regard

have been issued by the STF vide letter dated 11.07.2017.

Vide direction No. 10, we had directed that the Executive

Magistrates and the Gazetted Officers throughout the State shall be

informed about their duties to be discharged under the NDPS Act, 1985.

The necessary directions, as per the status report, have been issued. We

make it clear that all the Executive Magistrates and the Gazetted Officers

should be made aware of mandatory provisions of Sections 42 and 50 of the

NDPS Act, 1985. We direct the Secretary, Home to the State of Punjab, that

disciplinary proceedings be initiated against the official witnesses who turn

hostile at the time of recording of their statements. It shall be the duty of the

Public Prosecutor to bring it to the notice of the DGP. The DGP, Punjab,

has also undertaken that necessary directions to impart proper training to the

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Investigating Officers, more particularly the manner in which provisions of

Sections 42 and 50 of the NDPS Act, 1985, have to be complied with,

would be got issued from the Home Department within a period of one

week.

With regard to direction No. 11 to the Police Officers to ensure

that no minor is served any drugs, alcoholic beverages in any medical shop,

bar, restaurant and through vend, it has been stated in the status report that

instructions in this regard have already been issued by the STF vide letter

dated 30.04.2019. Necessary information has been sought from the Excise

Department regarding number of licenses cancelled for serving liquor to

minors. The Excise Department is directed to supply information to the

Chief of the STF, within a period of three weeks from today.

As far as direction No. 12 is concerned, the DGP, Punjab, has

apprised us that the total cadre strength of STF is 415. He had sanctioned

induction of 250 more police personnel in the STF. Thus, the total cadre

strength would be 665 now. We appreciate the prompt action taken by the

DGP, Punjab, for strengthening the Special Task Force. He has also brought

to our notice that 8000 posts are lying vacant in the Punjab Police. We

request the State Government to fill up 8000 vacant posts within a period of

six months from today.

So far as directions issued to the District Anti-Narcotic Cells

vide direction No. 13 are concerned, we have been apprised that instructions

have already been issued by the STF to devise area-specific strategy, vide

letter dated 19.04.2017. Vide the said letter, instructions have also been

issued by the STF for taking effective action against drug traffickers in

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districts. Vide letter dated 25.03.2019, instructions have also been issued to

all the Commissioners of Police/Senior Superintendents of Police to take

action against conspirators, abettors under Section 29 of the NDPS Act,

1985. Vide another letter dated 25.03.2019, instructions have also been

issued to maintain and update all Police Station records pertaining to NDPS

Act cases. Latest instructions for identification of hotspots have been issued

on 22.07.2019. The Director, Education, was also directed to provide the list

of vulnerable educational institutions, which has not been provided to the

STF. The Secretary, Education Department, is directed to supply

information to Chief of the STF within a period of three weeks from today,

to curb the drug abuse. It was also directed that Anti Narcotic Cell shall

initiate action against persons involved in sale of pharmaceutical product

without prescription. It has been stated in the status report that a meeting

was held by the STF on 11.07.2019 and the officers were apprised about

charter of their duties. A direction was issued for proper training for

capacity building and improving the investigating as well as intelligence

collection skills. In this regard, it has been stated in the status report that

STF has already conducted two training programs on 21.12.2018 and

20.03.2019 for Supervisory Officers and Investigating Officers. We impress

upon the Chief of the STF to hold more training programs on monthly basis.

We direct all the departments of the State of Punjab to cooperate with Chief

of the STF to implement three point strategy in letter and spirit.

Vide direction No. 15, the State Government was directed to

develop special, mobile, anti-peddling squads. As per the status report,

ANCs have been established in every district. Patrolling parties have also

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been tasked with anti-drug work.

The State Government vide direction No. 16 was directed to

include a mandatory and comprehensive chapter on drug abuse and illicit

trafficking. We have been apprised by the Chief of the STF that the

Secretary, Education Department, has issued directions to this effect vide

letter dated 27.08.2019. We place on record our appreciation for the

Secretary, Education Department, for getting incorporated chapter on drug

abuse in the school syllabus.

So far as direction No. 17 to the local police to pay special

attention to areas surrounding schools is concerned, we have been informed

that vide letter dated 27.03.2019, the State Government has already issued

necessary directions in this regard.

Vide directions No. 20, 21, 22 and 23,

we had directed the State Government to sensitize prison staff in detecting

and seizing drugs in prisons and to equip the prisons with sniffer dogs to

check the visitors and packages for drugs in the entry and exit points. Every

person entering the prison was ordered to be tested for addiction and to de-

addict him, if found to be addicted. All the prisoners, before their

production in a court by an arresting agency, were directed to be examined

by the doctor. If any arrested person shows signs of addiction, the police

was required to take him to a doctor or hospital. The Chief of the STF has

drawn the attention of the court to letter dated 28.08.2019 sent by

Additional Director General of Police, Prisons, Punjab, to the Additional

Director General of Police, Special Task Force, Punjab. According to the

contents of this letter, frisking and watch & ward duties are part of various

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training programs conducted at the Punjab Jail Training School, Patiala. The

department has taken the matter on priority and would be starting

specialized training courses on detecting and seizing drugs in jails, at

Punjab Jail Training School, Patiala. A total of 18 trained sniffer dogs have

been deployed in 14 jails, including 9 Central Jails and 5 District Jails. Out

of these, 8 dogs were deployed earlier and 10 have been recently inducted

after the completion of their training. There are 9 Central Jails, 10 District

Jails and 5 Sub Jails in the State of Punjab. De-addiction centres have been

set up in 8 Central Jails, i.e. Central Jails, Patiala, Ludhiana, Bathinda,

Amritsar, Gurdaspur, Faridkot, Kapurthala and Ferozepur under the

guidance of PGI, Chandigarh. In addition to this, OOAT (Outpatient Opioid

Assisted Treatment) centres have been established in the year 2018 in these

Central Jails with the help of Department of Health and Family Welfare,

Punjab. All the identified drug addicts are registered in these de-addiction/

OOAT centres for detoxification and treatment. The prisoners are assessed

by Medical Officers when they enter the jail and once confirmed about

addiction, the concerned prisoners are sent to de-addiction centers. The

requirement of blood and urine test kits for the year 2019-20 has been sent

to the Punjab Health System Corporation, Mohali. The tests would be

started as soon as the kits are received. The identified addicted prisoners are

registered in the de-addiction/OOAT centres set up in 8 Central Jails of

Punjab. The Punjab Health System Corporation, Mohali, would provide kits

to the jail administration within a period of four weeks from today. We

direct the Additional Director General of Police, Prisons, Punjab, to send

the staff for training at the Institute of Correctional Administration, Sector

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26, Chandigarh, and the National Institute of Social Defence, Rohini, New

Delhi, in a phased manner. We call upon the Secretary, Health Department,

Punjab, to establish de-addiction centers in all the remaining jails of the

State and also to provide links.

Mr. Kaushik has also brought to our notice that he has prepared

comprehensive compilation to address the menace of de-addiction in the

State of Haryana. We permit him to visit the State of Punjab to prepare

comprehensive compendium on the analogy of the State of Haryana. All the

officers in the State of Punjab shall give necessary assistance to Mr.

Kaushik, as and when written request is made by him.

We also request the DGP, Punjab, to obtain booklet from the

Indian psychiatric society for better treatment of the prisoners.

While interacting with the DGP, Punjab, regarding the general

conditions prevailing in Jails in the State of Punjab, it transpired that there

is over-crowding and congestion in jails. Mr. Dinkar Gupta, DGP, Punjab,

has submitted before us that proposal has been sent to the Central

Government to release sufficient funds to construct new jails and to increase

the capacity of existing jails in the State of Punjab. Mr. Chetan Mittal,

Senior Advocate, fairly undertakes that this matter shall be looked into on

priority basis. He has also assured the Court that necessary funds shall be

released within a period of six weeks.

We place on record our appreciation for the assistance rendered

to us by Mr. Dinkar Gupta, DGP, Punjab, assisted by Mr. Arun Saini, AIG;

Mr. H.S. Sidhu, Chief of Special Task Force, Punjab, assisted by Mr. Balkar

Singh Sidhu, IG, Special Task Force, Punjab; Mr. Ashok Gautam, Joint

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Director, Directorate of Enforcement, Jalandhar Zonal Office; Drug

Controllers to the States of Punjab and Haryana; and Mr. Aditya Kaushik,

Deputy Director (Drug De-addiction), Social Justice & Empowerment,

Haryana.

We also place on record our special appreciation for the

valuable assistance rendered by Mr. Chetan Mittal, Senior Advocate, with

Mr. Vivek Singla, Advocate; Mr. Gaurav Garg Dhuriwala, DAG, Punjab;

and Mrs. Shubhra Singh, Addl. A.G., Haryana.

The Court appreciates the efforts made by the State of Punjab

to curb the menace of drugs in the State of Punjab. The country needs more

officers of the caliber of Mr. Dinkar Gupta, Director General of Police,

Punjab; Mr. Arun Saini, AIG, Punjab; Mr. H.S. Sidhu, ADGP, Chief of

Special Task Force, Punjab; Mr. Balkar Singh Sidhu, IG, Special Task

Force, Punjab, and Mr. Aditya Kaushik, Deputy Director (Drug De-

addiction) Social Justice & Empowerment, Haryana.

A copy of this order be sent to the Chief Secretary, Home to the

State of Punjab; Advisor, Union Territory, Chandigarh; as well as Chief

Secretary, Home to the State of Haryana.

The State of Punjab is directed to file further status report on or

before 10.12.2019.

(RAJIV SHARMA)
JUDGE

(HARINDER SINGH SIDHU)

JUDGE
September 03, 2019

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