Jharkhand High Court Issues Stringent Directives To Combat Drug Menace, Orders Statewide Police Action

In response to the prevailing drug issue in Jharkhand, the High Court has issued a series of directives to various state authorities, particularly the State police.

Presiding over the case, Justices Sujit Narayan Prasad and Arun Kumar Rai emphasized that the problem of contraband extends beyond Ranchi district and necessitates the attention of the entire police administration across the state.

Expressing concern, the Court noted, “This Court fails to understand that the Deputy Inspector General of Police, South Chotanagpur, Ranchi however has issued a letter vide memo no.1675 dated 06.04.2024 but very surprisingly he has only issued instructions for installation of CCTC at drug/medical shops to regulate and control drug related crime as would appear from Annexure-I but the same only restricts to the district of Ranchi.

“When such decision has been taken at the level of Deputy Inspector General of Police, South Chotanagpur, Ranchi, the direction ought to have been issued by the Deputy Inspector General of Police, South Chotanagpur, Ranchi at least the districts falling under his zone, i.e., South Chotanagpur Zone, Ranchi. The Deputy Inspector General of Police, South Chotanagpur, Ranchi, therefore, is directed to look into the aforesaid matter,” the Court added.

This development stemmed from a criminal appeal against a conviction and sentencing order by the Special Judge (NDPS) in East Singhbhum, Jamshedpur, pertaining to an NDPS case, whereby the Court is actively monitoring the contraband issue and the effective enforcement of prohibitory measures mandated by the Narcotic Drugs and Psychotropic Substances Act, 1985.

In its order dated April 2, 2024, the Court noted that during arguments, a publication dated March 30, 2024, from the Hindi daily newspaper Prabhat Khabar (Ranchi Edition) was presented. Upon perusal, the Court found references to rackets dealing with contrabands like Brown Sugar and Cocaine.

The publication also highlighted that shops on the encroached land just behind Sukhdeo Nagar Police Station were allegedly involved in selling contrabands across different areas of Ranchi district.

Deeming this matter serious, the Court summoned the Deputy Inspector General of Police, South Chhotanagpur Range, Ranchi, and the Senior Superintendent of Police, Ranchi. They were directed to submit an affidavit detailing the actions taken based on the newspaper publication.

The Court mandated that an effective affidavit be filed, duly sworn by the Senior Superintendent of Police, Ranchi, outlining the follow-up actions taken by both the Deputy Inspector General of Police, South Chhotanagpur Range, Ranchi, and the Senior Superintendent of Police, Ranchi.

During the hearing on April 8, 2024, the Court acknowledged the submitted affidavit, highlighting the formation of an Anti-Drug Unit aimed at combating the illegal drug trade. Five teams were organized under the supervision of the Superintendent of Police, City, Ranchi, to conduct raids. These efforts aimed to curb the sale and purchase of drugs like brown sugar and opium, with steps taken to gather intelligence and apprehend offenders.

The Court noted the issuance of a directive by the Superintendent of Police, City, Ranchi, instructing the Deputy Superintendent of Police to take immediate action against drug trafficking and submit reports on raid outcomes. It was reported that 51 FIRs were filed against drug criminals, and 71 drug peddlers were arrested since September 2023 in the Ranchi district.

Additionally, during the preceding 20 days, the Ranchi police achieved a significant milestone, recording 23 FIRs against drug criminals, arresting 41 drug peddlers, and seizing contraband worth over 6.5 crores.

Further directives were issued by the Deputy Superintendent of Police, South Chotanagpur, Ranchi, to halt the sale and purchase of drugs, coordinating with the Drug Inspector and installing CCTV cameras at drug/medical shops to monitor and regulate drug-related activities.

Expressing concern, the Court emphasized, “Now, the concern of the Court is that the aforesaid steps which has been followed by the district police of Ranchi is necessarily to be followed in future also considering the same to be their bounden duty so as to achieve the very object and intent of the spirit of NDPS Act as also usage of drug is not an individual crime rather it is a crime against the society as also it is ruining the future of the nation.”

“It appears from the statement made at paragraph-19 of the affidavit where the reference of letter issued by the Dy. Inspector General of Police, South Chotanagpur, Ranchi vide memo no.1675 dated 06.04.2024 has been made and the said letter was issued for the purpose of issuing instructions to stop the sale and purchase of the contraband substance with a specific direction to co-ordinate with the Drug Inspector and install CCTC at drug/medical shops to regulate and control drug related crime,” the Court added.

The Court therefore, directed the Deputy Inspector General of Police, South Chotanagpur, Ranchi to file a specific affidavit with respect to the compliance of the said instructions as contained in memo no. 1675 dated 06.04.2024.

While observing that the Director General (CID) is entrusted by the State Government to look into the issue of NDPS also, therefore, the Court further directed the Director General (CID) to issue instructions to all the SPs of the district across the State to take sincere endeavours and file an affidavit with respect to the same.

Furthermore, stressing on the significance of proper seizure procedures, the Court noted, “This Court, further, is concerned that merely arresting and making seizure of the contrabands cannot be said to be sufficient if the illegal doers will not be punished adequately. The law is there, i.e., NDPS Act,, particularly, thing is to be considered by the investigating officer at the time of seizure of the contrabands and the process which is to be followed before commencement of the trial as per the provision contained by virtue of Rule 2022 and the other offences as contained under NDPS, particularly, Section 52-A(4) of the Act.”

The Court has mandated the submission of affidavits detailing the actions taken in Ranchi and other districts, including steps taken by relevant authorities such as the Director General (CID) and the SSP/SP of each district, by the next hearing.

Additionally, the Court directed the SSP of Ranchi to ensure that the measures taken in Ranchi are continued and to hold the officer in charge of any police station accountable for reports related to the sale and purchase of contraband.

Case Detail: Chandan Kumar Yadav @ Chandan Kumar Versus The State of Jharkhand and Ors

Click here To Read Order Dt. 02.04.2024

Click here To Read Order Dt. 8.04.2024