TaxTMI 
TaxTMI 
2024 (12) TMI 880
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....sing similar questions of law and facts have been heard together and are disposed of by this common judgment. Factual Background: 2. Special Leave Petition (Crl.) No.2819 of 2024 has been filed by the petitioner assailing the impugned order dated 29.01.2024 passed by the High Court of Punjab and Haryana in CRM-M No.24743 of 2023 cancelling the bail granted to the petitioner vide its Order dated 05.07.2021. 2.1 The National Investigation Agency (for short, "NIA") filed CRMM No.24743 of 2023 before the Punjab and Haryana High Court seeking cancellation of bail granted to the petitioner herein vide order dated 05.07.2021 in CRM-M No.23889 of 2021 in case bearing FIR No.20/2020 dated 29.01.2020 under Sections 21, 25, 27A, 29, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act") and Sections 30, 53, 59 of the Arms Act, 1959 registered at Police Station Special Task Force (PS STF), District STF Wing, SAS Nagar, Mohali, Punjab State. The aforesaid FIR was registered against one Sukhbir Singh alias Happy on the statement of AIG Rachpal Singh. During interrogation of the aforesaid accused, the name of the petitioner surfaced. It was stated that the car ....
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....2020 dated 29.01.2020 under certain provision of the NDPS Act and Arms Act, 1959 registered at PS STF, SAS Nagar, Mohali, Punjab and after recovery being made, FIR No.23/2020 dated 30.01.2020 had been registered under certain provisions of the NDPS Act at Police Station STF, District STF Wing, Amritsar, Punjab. The NIA took custody of Sukhbir Singh alias Happy from the NIA Special Court at Ahmedabad, Gujarat after being produced by the Amritsar jail authorities in pursuance of production warrants. During his custodial interrogation, accused Sukhbir Singh alias Happy revealed the involvement of the petitioner herein and his other close aides in the drugs syndicate involved in the transportation, storage, purification, delivery and sale of drugs in Amritsar. 2.6 The petitioner herein moved an application for grant of anticipatory bail before NIA Special Court at Ahmedabad, Gujarat which was dismissed. The High Court vide order dated 26.09.2022 also dismissed his prayer for anticipatory bail. The NIA on completion of investigation, submitted challan before the NIA Special Court at Ahmedabad which has framed charges under Sections 17 and 18 of UAPA against 24 accused. On 02.05.2023, ....
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....ail granted by it by order dated 05.07.2021 so as to enable the NIA to thoroughly investigate into the offences which had been added into the offences alleged. Being aggrieved by the impugned order, the petitioner has preferred the instant Special Leave Petition. Writ Petition (Crl.) No.168 of 2024: 3. This writ petition was preferred by the petitioner challenging the action of the Central Government in issuance of Orders dated 29.06.2020, 28.06.2021 and 12.10.2021 by the Ministry of Home Affairs, CTCR Division, North Block, New Delhi, wherein the investigation of FIRs which were primarily registered under the NDPS Act has been entrusted to NIA in exercise of powers under Section 6(5) and Section 8 of the NIA Act. 3.1 At the outset, it is necessary to note that Section 3(2) of the NIA Act provides that subject to any orders of the Central Government, the NIA shall have throughout India in relation to the investigation of Scheduled Offences and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers have in connection with the investigation of offences committed therein. Importantly, while the offences under the NDPS....
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....transparent plastic bags along with a can containing ammonia solution; iii. one plastic bag containing 500 grams of codeine charcoal powder; and iv. 500 ml of hydrochloride acid. 3.4 Subsequently, on 31.01.2020, on the basis of the statement of Sh. Rashpal Singh AIG, STF Border Range, Amritsar, FIR No. 23/2020 was registered with PS STF, SAS Nagar, Mohali, Punjab. It is alleged that secret information was received that the petitioneraccused along with companions Sukhwinder Singh, Major Singh, Tamana Gupta, Afghanistani Arman Bashar Mall, Simarjeet Singh Sandhu and others sell contraband drugs to customers for profit and to that end they had made a secret storage in the area of Sultanwind, Amritsar. Subsequent to the registration of FIR No.23/2020, recovery of 188.95 kgs Dextromethorphan Powder, 25.965 kgs Caffeine, 3 kgs Charcoal, 207.12 kgs intoxicant liquid chemical and other instruments for preparation of heroin was effected from House No.127-130, Akash Vihar, Sultanwind, Amritsar. It was alleged that the accused in the said FIR had established connections with smugglers from Dubai, Pakistan and Afghanistan. 3.5 On 11.06.2020, Chargesheet was filed in FIR No. 20/2020 under....
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....ed Persons not challaned' in chargesheets filed under Section 173 of the CrPC in both the cases. 3.9 Further investigation by NIA revealed a larger conspiracy of smuggling huge quantity of heroin from Pakistan to India that was funding terrorist activities. Therefore on 07.08.2020, Chargesheet was dispatched by NIA under Section 120-B IPC, Sections 8(c), 21(c), 24, 25, 27(A) and 29 of the NDPS Act and Sections 17 & 18 of the UAPA in the Court of Special Judge at Ahmedabad, constituted under NIA Act, 2008. The aforesaid Chargesheet listed Simarjeet Singh Sandhu as wanted accused No.2 as allegedly substantial quantity of heroin was delivered to his aides at a rented godown of Simarjeet Singh Sandhu at Aithor Village, near Unjha, Gujarat, where it was hidden for further transport to Amritsar, Punjab. 3.10 Thereafter, another Order was issued by the Ministry of Home Affairs on 28.06.2021 exercising its powers under Section 6(5) and Section 8 of the NIA Act to direct NIA to investigate FIR No. 23/2020 dated 31.01.2020. The Order notes that vide ID No. 18/PD/03cases/ATS/NIA/DLI/2020/(468)/7662 dated 18.6.2021, the NIA forwarded a report stating that FIR No.23/2020 under Sections 21, 25....
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....9/2024, wherein this Court granted the petitioner-accused interim protection from coercive steps. In addition, the present writ petition has been preferred challenging the aforesaid three Orders of the Central Government entrusting upon the NIA to investigate the aforesaid offences under the NDPS Act as connected offences. Submissions of the Parties : 4. Sri Siddhartha Dave, learned senior counsel appearing for the petitioner has premised his arguments on the basis of Article 21 of the Constitution of India which states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. On the strength of Article 21, the petitioner herein has questioned the orders at Annexures P-4, P-6 and P-9, dated 29.06.2020, 28.06.2021, 12.10.2021 respectively, passed by respondent No.1, as being illegal and ultra vires the provisions of the NIA Act. Sri Dave submitted that the petitioner also has the protection of laws under Article 14 of the Constitution. That in the instant case alleging offences said to have been committed by the petitioner under the NDPS Act which are nonscheduled offences, the petitioner is sought to be investigated an....
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....o.1/2018 dated 12.08.2018 registered at PS ATS, Ahmedabad, Gujarat under certain provisions of the NDPS Act on the premise that Sections 17 and 18 of the UAPA Act were also attracted in the case against certain accused persons. However, those accused persons are not accused in the FIR registered against the petitioner herein. In the absence of there being any connection either with the accused against whom offences have been registered by the Gujarat State Police or with any Scheduled Offence being registered against the petitioner herein, Section 8 of the NIA Act could not have been invoked against the petitioner as if he had committed a Scheduled Offence. 4.2 Referring to Section 8, learned Senior Counsel Sri Dave submitted that the said Section would be available only when an accused who has been investigated for a Scheduled Offence can also be investigated for any other offence which the accused is alleged to have committed only if the other offence is connected with the Scheduled Offence. In the instant case, the petitioner was not being investigated by the Punjab State Police for any Scheduled Offence but for non-scheduled offences under the provisions of the NDPS Act. The p....
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....gainst the accused by the Gujarat Police, the invocation of Section 8 of the NIA Act for passing of the impugned orders is illegal and arbitrary and in total violation of Articles 14 and 21 of the Constitution. Learned senior counsel submitted that the writ petitions may be allowed and the orders issued at Annexures P-4, P-6 and P-9 insofar as the petitioner is concerned, may be quashed and set-aside. 4.4 Learned senior counsel, Sri Dave, further submitted that the High Court which has granted bail to the petitioner herein vide order dated 05.07.2021 could not have, at the instance of NIA, cancelled the bail by the impugned order dated 29.01.2024. He submitted that if the arguments advanced on behalf of the petitioner in the writ petition are accepted by this Court and the orders at Annexures P-4, P-6 and P-9 assailed in the writ petition are quashed, then the impugned order of cancellation of bail by the High Court at the instance of the respondent NIA would have to be quashed. Consequently, the earlier order of the High Court granting bail would revive. The petitioner is willing to cooperate with the trial of the offences alleged against him under the NDPS Act before the Special....
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....Sandhu (WA-2) for refinement and purification of heroin at Amritsar. With reference to the details in the counter affidavit, it was pointed out by the learned ASG that the petitioner herein is closely associated with the kingpin and wanted accused Simarjeet Singh Sandhu (WA-2) and other accused which fact has been corroborated by the disclosure statements of other accused and the petitioner herein has received huge sums of money for distribution and transporting of narcotic drug heroin. That the NIA was already investigating FIR No.01/2018 dated 12.08.2018 at PS ATS, Ahmedabad, Gujarat in respect of certain accused including Sukhbir Singh alias Happy (A-10) and during the course of said investigation, the role of the petitioner was revealed, therefore, Orders at Annexures at P-6 and P-9 were issued. There is a clear link and connection between FIR No.1/2018 dated 12.08.2018 registered at PS ATS, Ahmedabad, Gujarat which is registered against certain accused persons under certain provisions of the NDPS Act wherein the provisions of UAPA Act are also attracted. Therefore, the Central Government directed the investigation of the aforesaid FIR in connection with Sections 17 and 18 of t....
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....erference by this Court as there are no merits in the Special Leave Petition which may be dismissed. National Investigation Agency, 2008: 5. Sections 3, 6, 7, 8 and 14 of the NIA Act are extracted as under: "3. Constitution of National Investigation Agency.-(1) Notwithstanding anything in the Police Act, 1861 (5 of 1861), the Central Government may constitute a special agency to be called the National Investigation Agency for investigation and prosecution of offences under the Acts specified in the Schedule. (2) Subject to any orders which the Central Government may make in this behalf, officers of the Agency shall have throughout India in relation to the investigation of Scheduled Offences and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers have in connection with the investigation of offences committed therein. (3) Any officer of the Agency of, or above, the rank of Sub- Inspector may, subject to any orders which the Central Government may make in this behalf, exercise throughout India, any of the powers of the officer-in-charge of a police station in the area in which he is present for the time bei....
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....), the Special Court at New Delhi shall have the jurisdiction. 7. Power to transfer investigation to State Government.-While investigating any offence under this Act, the Agency, having regard to the gravity of the offence and other relevant factors, may- (a) if it is expedient to do so, request the State Government to associate itself with the investigation; or (b) with the previous approval of the Central Government transfer the case to the State Government for investigation and trial of the offence. 8. Power to investigate connected offences.-While investigating any Scheduled Offence the Agency may also investigate any other offence which the accused is alleged to have committed if the offence is connected with the Scheduled Offence. x x x x 14. Powers of Special Courts with respect to other offences.- (1) When trying any offence, a Special Court may also try any other offence with which the accused may, under the Code be charged, at the same trial if the offence is connected with such other offence. (2) If, in the course of any trial under this Act of any offence, it is found that the accused person has committed any other offence under this Act or under an....
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.... of a police station in the area in which he is present for the time being and when so exercising such powers shall, subject to any such orders as aforesaid, be deemed to be an officer-in-charge of a police station discharging the functions of such an officer within the limits of his station. 5.5 The superintendence of the NIA vests in the Central Government vide sub-section (1) of Section 4 of the NIA Act. The NIA is headed by Director General appointed by the Central Government akin to the powers exercised by a Director General of Police in respect of the police force in a State, as the Central Government may specify in that behalf vide sub-section (2) of Section 4. 5.6 Sub-sections (1) to (4) of Section 6 relate to receipt of information and recording thereof under Section 154 of the CrPC relating to any Scheduled Offence under the NIA Act by any officerin- charge of a police station being forwarded to the State Government. The State Government would then forward the report to the Central Government and on receipt of such a report from the State Government, the Central Government would determine whether the offence is a Scheduled Offence or not and having regard to the gravity....
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.... a connection with the Scheduled Offence under the provisions of the NIA Act. Unlawful Activities (Prevention) Act, 1967 : 6. Under the Schedule to the NIA Act, inter alia, the offences under the UAPA are Scheduled Offences. Section 2(1)(g) of the NIA Act defines Scheduled Offence to mean an offence specified in the Schedule to the NIA Act. 6.1 The UAPA in Chapter IV defines a terrorist act in Section 15 and punishment for raising fund for a terrorist act in Section 17 while punishment for a terrorist act is under Section 16. Section 18 of UAPA speaks about punishment for conspiracy. Sections 15, 16, 17 and 18 of the UAPA are extracted as under: "15. Terrorist Act.- (1) Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,-- (a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive,....
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....shall also be liable to fine. 17. Punishment for raising funds for terrorist act.- Whoever, in India or in a foreign country, directly or indirectly, raises or provides funds or collects funds, whether from a legitimate or illegitimate source, from any person or persons or attempts to provide to, or raises or collects funds for any person or persons, knowing that such funds are likely to be used, in full or in part by such person or persons or by a terrorist organisation or by a terrorist gang or by an individual terrorist to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. Explanation.-For the purpose of this section,- (a) participating, organising or directing in any of the acts stated therein shall constitute an offence; (b) raising funds shall include raising or collecting or providing funds through production or smuggling or circulation of high-quality counterfeit Indian currency; and (c) raising or collecting or providing funds, in....
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....tted by the accused in respect of whom a Scheduled Offence is being investigated provided the offence is connected with the Scheduled Offence under the Schedule to the NIA Act. 7.2 The interpretive challenge that has come to the forefront in this case is due to the fact that there are certain co-accused persons who are present in FIR No.20/2020 and FIR No.23/2020 who are not accused under the prior FIR No. 01/2018 registered in the State of Gujarat. Therefore, the question is whether, the NIA can investigate only the same accused who is present in the NIA investigation qua Scheduled Offences and for non-scheduled offence by virtue of Section 8 of the NIA Act. In other words, can the NIA investigate any other accused person who, although not being investigated for any Scheduled Offences could be investigated by NIA because there exists a link between the two namely, Scheduled and non-scheduled offences, thereby connecting every co-accused. 7.3 On a plain reading of Section 8, it is clear that the said Section has to be read in continuation of what has been stated in subsection (5) of Section 6 of the NIA Act. Once the Central Government directs the NIA to investigate a Scheduled O....
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....n Section 8 of the NIA Act cannot be restricted in its meaning and connotation to only the accused in respect of whom investigation is being carried out pursuant to sub-sections (4) and (5) of Section 6 of the NIA Act in respect of a Scheduled Offence. It could also include any other accused who has committed any other offence provided that other offence committed by any other accused has a connection or a nexus with the Scheduled Offence which is detected during the course of investigation of any Scheduled Offence. More importantly, in the case of any other accused, the offences alleged need not be Scheduled Offences, it could be any offence but must necessarily have a connection with the Scheduled Offence. In such an event, on the basis of Section 8 of the NIA Act, a report may be made to the Central Government which can direct investigation against any other accused (i.e., an accused other than the accused who is being investigated) provided it has a connection with the Scheduled Offence. In such a contingency, the Central Government while invoking sub-section (5) of Section 6 read with Section 8 of the NIA Act can direct investigation of any other accused alleging he has commit....
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....vestigation by the NIA under Section 6(5) of the NIA Act but exercise of jurisdiction under Section 8 may become necessary. Therefore, during the course of investigation of an accused alleged to have committed a Scheduled Offence, if, it emerges or it is detected that the said accused along with any other accused has committed other offence/s, then investigation with regard to any other offence committed by some other accused along with the accused said to have committed the Scheduled Offence could also be carried out by requesting the Central Government for a direction to investigate the other accused. Such other accused may have committed an offence which has a connection with the Scheduled Offence of the accused who is being investigated and therefore Section 8 provides such a contingency. 7.9 Therefore, the nexus or connection between any other offence and the Scheduled Offence is of critical importance and must be present in order to enable the NIA to investigate any other offence committed by an accused in connection with the Scheduled Offence. The connection between a Scheduled Offence and any other offence being established would enable the NIA to investigate the accused o....
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.... of a Scheduled Offence, any other accused could also be investigated on the strength of Section 8 provided the following condition precedents are applicable: (i) the NIA is of the opinion that during an investigation, any other accused who is alleged to have committed an offence having a connection with the Scheduled Offence has also to be investigated. In other words, there is a connection between the Scheduled Offence under investigation and any other offence committed by any other accused; (ii) a report by the NIA is submitted incorporating the aforesaid opinion to the Central Government; (iii) the Central Government on consideration of such a report, in exercise of its suo motu powers under sub-section (5) of Section 6 read with Section 8 of the NIA Act directs the investigation to be carried out in respect of any other accused also; and (iv) the said investigation of any other accused must be carried out jointly as far as practicable with the investigation of the accused already under progress owing to the connection between the Scheduled Offence and any other offence. 7.13 On a holistic reading of the Section 8, the expression "the accused" cannot be restricted to o....
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....o a non-scheduled offence only 'while investigating any Scheduled Offence'. Importantly, the NIA has not been given unbridled power to initiate investigation of a connected and non - scheduled offence in the absence of an investigation of any Scheduled Offence. In our opinion, this speaks to the Parliament's wisdom to build safeguards within the text of the NIA Act. 7.18 Therefore, the submission of learned senior counsel Sri Dave to read Section 8 of the NIA Act in a restrictive fashion and not expansively, does not advance the object and purpose of the Act and particularly Section 6 thereof and hence, is rejected. Analysis on facts of these cases : 8. The prayers sought in the writ petition have been noted. The petitioner has assailed Annexures P-4, P-6 and P-9 which are orders passed by respondent no.1 so as to seek a declaration that the actions taken pursuant to the aforesaid orders are void and illegal. For ease of reference, the aforesaid orders are extracted as under: Annexure P-4 No 11011/44/2020/NIA Government of India Ministry of Home Affairs CTR Division North Block, New Delhi Dated, the 29th June, 2020 ORDER Whereas, the Central Government has receiv....
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....sion of arrested accused Aziz Abdul Bhagad r/o Salaya Check Post; District Dwarka, And whereas, the NIA, vide Its ID No. 18/PD/03 cases/ATS/NIA/DLI/2020/(468)/7662 dated 18.06.2021, has forwarded a report stating that FIR No.23/2020 dated 31.01.2020 registered at PS STF, Amritsar, Punjab, under sections 21, 25, 27 & 29 of NDPS Act is a connected offence. Whereas, Section 8 of the NIA Act, 2008 provides that "while Investigating any Scheduled Offence, the Agency may also Investigate any other offence which the accused is alleged to have committed, if the offence is connected with the Scheduled Offence". And therefore, in continuation of the order No 11011/44/2020/NIA dated 29.06.2020, which directs the NIA to take up the investigation under section 6(5) read with section 8 of the NIA Act, 2008, the NIA may Investigate the FIR No.23/2020 dated 31.01.2020 as per the provision of section 8 of the National Investigation Agency Act, 2008. Sd/- (Kshitish Kumar) Under Secretary to the Govt. of India To 1. The Director General, National Investigation Agency, CGO Complex, Lodhi Road, New Delhi. 2. The Chief Secretary to the Government of Punjab. 3. DGP, Punjab ....
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....2020 registered at PS STF, SAS Nagar, Amritsar, Punjab, as per the provision of section 8 of the National Investigation Agency Act, 2008 Sd/- (Rajeev Kumar) Under Secretary to the Government of India To 1. The Director General, National Investigation Agency, CGO Complex, Lodhi Road, New Delhi 2. Chief Secretary to the Government of Punjab 3. DGP, Punjab" 8.1 Annexure P-4 is an order dated 29.06.2020 by which, the first respondent, on receipt of information regarding the registration of FIR No.01/2018 dated 12.08.2018 at Police Station Anti-Terrorist Squad (PS ATS), Ahmedabad, Gujarat under Sections 8(c), 21(c), 24, 25, 27A and 29 of NDPS Act relating to seizure of 4.949 kg of heroin worth approximately Rs.15 crore by Gujarat ATS from the possession of the arrested accused Aziz Abdul Bhagad who, having brought a total 300 kg of heroin in two rounds through the sea route in his own ship had given it to another accused, was of the opinion that Sections 17 and 18 of UAPA are attracted to the case. The offences under Sections 17 and 18 of the UAPA being Scheduled Offences under NIA Act, the Central Government was of the opinion that the said offence had grave nati....
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....jarat (renumbered FIR No. 01/2018) PS NIA Hqrs, New Delhi PS STF, SAS Nagar, Mohali, Punjab PS STF, Amritsar, Punjab Aziz Abdul Bhagad Aziz Abdul Bhagad Happy Ankush Kapoor Rafik Adham Sumra Sukhwinder Singh Nazir Ahmad Major Singh Arshad @ Raja Dubai Tamanna Gupta Manzoor Ahmad Afghanistani Arman Basher Mul Razak Adam Sumra Simarjeet Singh Sandhu Sunil Vithal Ukandrao Karim Mhd. Siraj. Wanted accused person: Sahid Kasambhal Sumra Wanted accused person: Simaranjit Singh Sarabjit Singh Sandhu Wanted accused person: Haji Sab Bhaijaan FIR No.01/ 2018 dt. 12.08.2018 PS. ATS, Dist. Ahmedabad, Gujarat FIR No. RC 26/2020/NIA/DLI dt. 02.07.2020 (renumbered FIR No. 01/2018) PS NIA Hqrs, New Delhi FIR No. 20/2020 dt. 29.01.2020 PS STF, SAS Nagar, Mohali, Punjab FIR No. 23/2020 dt. 31.01.2020 PS STF, Amritsar, Punjab Wanted accused person: Pakistani national - Nabibax Wanted accused person: Pakistani Persons Haji sab @ Bhaijan, w....
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.... Accused-4) Accused who were not challaned: Simranjit Singh Sandhu Pakistani national - Nabibaksh (Wanted Accused-5) Accused who were not challaned: Tanvir Singh 10 Pakistani Nationals of Haji saab @ Bhaijan, whose names and addresses are not known who transported smuggled narcotic drug heroin in the Pakistani vessel to India Accused who were not challaned: Sunil Vithal Baramas Accused who were not challaned: Karim Mohammad Siraj Charge Sheet dt. 11.06.2020 in FIR No. 20/2020 Charge Sheet dt. 18.07.2020 in FIR No. 23/2020 Supplementary Charge Sheet No. 18/2020 dt. 07.08.2020 filed by NIA in FIR No. RC- 26/2020/NIA/DLI Supplementary Charge Sheet No. 18(A)/2021 dt. 24.05.2021 filed by NIA in FIR No. RC- 26/2020/NIA/DLI Accused who were not challaned: Razaq Adam Sumra Accused who were not challaned: Arjan Accused who were not challaned: Bhaijaan 8.5 The connection that is sought to be made between FIR No.23/2020 dated 31.01.2020 registered at Police Station STF, District STF Wing, Amritsar, Punjab and FIR No.20/20....
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....Indresh Kumar, who is ascribed the role of driver of the truck which was apprehended by STF Amritsar, was transposed from WA-3 to Accused No.9. Therefore, before the order dated 28.06.2021 passed by the Central Government and invocation of powers under Section 6(5) read with Section 8 of the NIA Act directing investigation of FIR No.23/2020 dated 31.01.2020, there were at least two accused persons in the ongoing investigation of the Scheduled Offences who were also named in the aforesaid FIRs filed in the State of Punjab. 8.9 We therefore find that the impugned orders of the Central Government are in accordance with sub-section (5) of Section 6 read with Section 8 of the NIA Act. This is because on a reading of the impugned orders, we find there is a connection, nexus and a link which has been brought out between the Scheduled Offences investigated by the NIA under Sections 17 and 18 of UAPA pursuant to order dated 29.06.2020 and subsequently under the orders dated 28.06.2021 and 12.10.2021 insofar as the offences alleged against the petitioner herein under the provisions of the NDPS Act are concerned. It is precisely for circumstances such as in the present case that Section 8 en....
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....n national security. Article 47 of the Constitution makes it a duty of the State to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. The State has a responsibility to address the root causes of this predicament and develop effective intervention strategies to ensure that India's younger population, which is particularly vulnerable to substance abuse, is protected and saved from such menace. This is particularly because substance abuse is linked to social problems and can contribute to child maltreatment, spousal violence, and even property crime in a family. 9.2 Despite the efforts of the State, an unprecedented scale of coordination and profit seeking has sustained this menace so hardhitting and multifaceted that it causes suffering cutting across age groups, communities, and regions. Worse than suffering and pain, is the endeavour to profit from it and use the proceeds thereof for the committing....
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...., trying to cope with personal and emotional issues. 9.7 Preventing drug addiction among adolescents requires a concerted effort from multiple stakeholders: parents and siblings, schools and the community. Given the disturbing rise in adolescent drug use, urgent interventions are needed. 9.8 The MoSJE 2019 Report found that only one among four persons suffering from dependence on illicit drugs had ever received any treatment and only one in twenty persons with illicit drug dependence ever received any in-patient treatment. Given the scale of the issue, there is need for a more comprehensive view of the solutions to the grave problem. Parents : 9.9 Parents have a crucial role in the prevention of drug abuse among adolescents. Parental awareness, communication, and support are key in mitigating the risk of drug addiction. The first step in the effective preventive leap should start within the household. In our view, the most important yearning of children is love and affection and a sense of security emanating from parents and family. Domestic violence and discord between parents; lack of time being spent by parents with children due to various reasons and compensating the same ....