STATE TIMES NEWS
JAMMU: CJM Jammu, Amarjeet Singh Langeh while taking serious note for registering a case in Drugs & Cosmetics Act instead of NDPS, sought explanation from then SHO R S Pura and directed Police Station R S Pura to register FIR under relevant provisions of NDPS Act in the matter so that investigation can begin and culprits/offenders can be booked.
While giving directions for registering FIR, CJM Jammu Amarjeet Singh Langeh observed that as also recorded in order dated December 18, 2021, it is the patrolling party of Police Station R S Pura who rounded up two accused on October 18, 2016 and recovered 60 capsules of CLAVIDOL-50, B.No 458-CCF and 50 tablets of ALPAZ-0.5 B.No 1768 on their personal search. Subsequently, both were taken to Police Station for further questioning and at same time a request was made to Deputy Drug controller Muthi, Jammu for further necessary action at his end by the then SHO Police Station R S Pura. Thereafter, 166 more tablets of ALPAZ-0.5 of same batch number as aforesaid were allegedly recovered from premises of another accused as alleged in para 9 of the complaint by team comprising of then Drug Inspector along with police party of Police Station R S Pura, after raiding premises of accused. On noticing aforementioned aspect of matter, a detailed order was passed on December 18, 2021 the relevant portion of which reads, ‘this be the position in law, it then is both astonishing as also un-fathomable as to how SHO Police Station R S Pura did not proceed ahead under the NDPS Act by registration of formal FIR in the case once aforesaid drug was initially recovered by him from accused. There is no denying the fact that drug peddling and its abuse amongst youth is on alarming rise in Jammu and SHO concerned ought to have proceeded ahead in a manner that not only conformed with his duty but also the provisions of NDPS Act. Be that as it may, for what is said hereinabove, SHO Police Station R S Pura owes an explanation in this regard as to why he did not proceed ahead in the matter in accordance with law and in terms of provisions of NDPS Act.
CJM Jammu Amarjeet Singh Langeh observed that explanation given by then SHO to SDPO R S Pura does not go far enough on the core of the issue except by saying that quantity of the contraband seized was meager and he as such in good faith approached Deputy Drug Controller, Muthi Jammu and it is important to state that Alprazolam is a psychotropic substance present in ALPAZ-0.5 tablet. CJM Jammu observed that the law is that in mixture of Narcotic drugs or psychotropic substance with one or more neutral substances, quantity of neutral substance is not to be excluded and whole mixture is to be taken into consideration alongwith actual Narcotic/Psychotropic content while determining ‘Small or commercial quantity’. Gauged through aforementioned factual background, it needs no brainer to take a view that no sooner as 216 tablets of ALPAZ-0.5 were allegedly recovered from accused 1 & 2 and from the premises of accused no. 3, the relevant provisions of NDPS Act were attracted and case under relevant provisions thereof ought to have been registered by SHO Police Station R S Pura. By not doing so, wittingly or un-wittingly – police concerned has indeed provided a seemingly safe passage to culprits by not only stalling the operation of stringent law as aforesaid but also by hushing up the matter and invoking relatively less harsher law (Drugs & Cosmetics Act). Additionally, implicit in this abdication are the consequences having serious repercussions on public safety in face of alarming and horrible rise in Drug peddling and Drug abuse amongst youth in particular. With these observations, Court directed SHO Police Station to register FIR and directed SSP Jammu for ensuring that FIR as aforesaid is caused to be registered in concerned Police Station and investigation thereof is entrusted to an officer not below rank of Deputy Superintendent of Police.