Srinagar, Apr 29: Dismissing a plea of a drug trafficker, the High Court of Jammu & Kashmir and Ladakh observed that involvement of various terrorist groups and syndicates in drug trafficking leads to “threat to the national security and sovereignty of States” by way of Narco-terrorism.
The court while dismissing a plea of Mohammad Ashraf Dar who was detained under Section 3 of Prevention of Illicit Traffic in Narcotic Drugs
and Psychotropic Substances (PITNDPS) Act, 1988, observed that drug trafficking and abuse has continued its significant toll on valuable human lives and productive years of many persons around the globe.
“With the growth and development of the world economy, drug traffickers are also seamlessly trafficking various types of drugs from one corner to another ensuring availability of contrabands for vulnerable segments of society who fall into the trap of drug peddlers and traffickers,” Justice Vinod Chatterji Koul observed.
The court observed that the drug problem is a serious threat to public health, safety and well-being of humanity.
“Our global society is facing serious consequences of drug abuse and it undermines the socio-economic and political stability and sustainable development,” Justice Koul said.
Besides, the court noted that it also distorts the health and fabric of society and it is considered to be the originator for petty offences as well as heinous crimes, like smuggling of arms and ammunition and money laundering.
The court underscored that due to India’s close proximity with major opium growing areas of the region, India is facing serious menace of drug trafficking and as a spill-over effect, drug abuse especially among the youth is a matter of concern for us.
Justice Koul said, “Our Constitution framers had visualized the danger of misuse of such types of substances and, thus, made it part of directives issued to the State.”
Adding, “The Directive Principles, which are part of our Constitution, lay down that the State shall make endeavours to bring about the prohibition of substances injurious for health except for medicinal and scientific purposes.”
In recent years, the court recorded, India has been facing a problem of transit traffic in illicit drugs.
The court said that the spill over from such traffic has caused tribulations of abuse and addiction. This trend has created an illicit demand for drugs within the country.
Justice Koul observed that illicit traffic in narcotic drugs and psychotropic substances poses a serious threat to the health and welfare of the people and activities of persons engaged in such illicit traffic have a deleterious effect on the national economy as well.
“Having regard to the persons by whom and the manner in which such activities are organized and carried on, and having regard to the fact that in certain areas which are highly vulnerable to the illicit traffic in narcotic drugs, such activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities to provide for detention of persons concerned in any manner therewith,” the bench said.
The court, while dismissing the plea, relied on a Supreme Court judgment in a case titled “Prakash Chandra Mohan v. Commissioner, wherein the top court had observed that it must be remembered that observance of written law about the procedural safeguards for protection of individual is normally the high duty of public official but in all circumstances not the highest.
Justice Koul said that the law of self-preservation and protection of the country and national security may claim in certain circumstances higher priority.
