'Spread Of Drugs In Society Ruins Generations': Jharkhand High Court Takes Suo Moto Cognizance Of Opium Cultivation In Khunti District

The Jharkhand High Court has taken suo moto cognizance of the alarming rise in opium cultivation in the Khunti district, expressing deep concern over its implications on society and the economy.

The single bench of the High Court, led by Justice Rajesh Kumar, initiated proceedings after hearing a bail application on February 28. During the hearing, it was revealed that opium cultivation was rampant in Khunti, with thousands of acres of land being utilized for this illicit activity.

In its order dated February 28, the Court noted the admission by the Superintendent of Police, Khunti, regarding the large-scale destruction of opium crops and observed, “The Superintendent of Police, Khunti, has admitted and submitted before this Court that the police have destroyed the cultivation of opium on a large scale. In the last year, they have destroyed the cultivation of opium on an around 2200 acres and this year also, they have destroyed on an around 1400 acres of opium cultivation, but this is not sufficient. The Superintendent of Police, Khunti, has admitted that the existing force is not sufficient to deal with the issue and he needs more man power and other facilities to deal with the situation,” the Court added.

It was further stated by the Superintendent of Police that most of the time, charge-sheet is filed without any F.S.L report because there is delay in conducting the test due to the paucity of the facilities or man power and this aspect of the matter also requires to be taken care of in the interest of justice.

Highlighting that Khunti is a tribal district and a large producer of opium and that the situation was not acceptable to any civilized society, the Court initiated a suo moto Public Interest Litigation (PIL), adding the State of Jharkhand, through key officials including the Chief Secretary and the Home Secretary, as respondent parties.

The matter was subsequently presented before a division bench comprising Acting Chief Justice Shree Chandrashekhar and Justice Sujit Narayan Prasad on 19.04.2024.

In its order dated April 19, the division bench underscored, “The use of narcotics and psychotropic substance is fatal for any society. The spread of drugs in the society ruins generations. It is said that the drugs work like termites which would hollow the youth power of the society and the country. A report suggests that between 2006-2013 a total number of 1257 cases were registered across the country which has now increased by 152% and swelled to 3172 cases. It is also reported that the seizures of illegal drugs have increased to 3.30 lakh kilogram between 2014- 2022 the total cost of which shall be 20,000 crores.”

The bench referenced a report by the United Nations Office on Drugs and Crime, which suggested that illicit funds laundered through drug trafficking could range from 2% to 5% of the global GDP, as per the IMF's "Consensus Range."

Highlighting the gravity of the situation, the bench emphasized, “The analysis would show that the socio-economic impact of illicit drug and money laundered shall have severe consequences which may further perpetuate and promote criminal activities. For example, such illegal funds if invested in legal economy may create a number of problems such as distortions of the resource allocation, 'crowding out' licit sectors and undermining the reputation of local institutions.”

“All such impacts would in turn hamper investment and economic growth of the country. In a scenario like this, it is therefore necessary to have a multi-pronged strategy to tackle the use, production and trafficking of drugs. To achieve the object of a 'drug free society', it is therefore necessary that the Central Agency works in coordination with the State Police, particularly, the State Intelligence Police,” the bench added.

The Advocate General who was present in the Court on April 19, informed the Court that in an ongoing case [Criminal Appeal (DB) No. 148 of 2021], Justice Prasad has taken note of the drug menace in the State of Jharkhand and issued a series of directions in regard to which serious endeavors have been made by the State police.

“In the light of the observations made by this Court in different proceedings, we seek affidavits from the following authorities who shall be added as respondents: (i) The Home Secretary, Government of Jharkhand (ii) The Director General of Police, Jharkhand (iii) The Director General (CID) (iv) The Union of India through NCB,” the Court directed.

The Court has appointed Mr. Kumar Vaibhav as Amicus to assist the Court.

The matter has now been posted on 7th May 2024 before the Bench constituting Justice Prasad.

Click Here To Read Order dt. 28.02.2024

Click Here To Read Order dt. 19.04.2024