The Supreme Court today directed the Centre and the states to set up within six months exclusive storage facilities for seized contraband, saying the menace of drugs in the country had "alarming dimensions and proportions".
A bench headed by Chief Justice of India T S Thakur said that to prevent theft, pilferage or replacement of the seized drugs, agencies should set up exclusive storage facilities.
"The menace of drugs in this country...Has alarming dimensions and proportions. Studies based on conferences and seminars have often shown that the menace is deep-rooted not only because drug lords have the money power and transnational links but also because the enforcement agencies like the police and, at times, politicians in power help them in carrying on what is known to be a money spinning and flourishing trade," the bench also comprising Justice Kurian Joseph said.
It said, "the central government and its agencies and so also the state governments shall within six months from today take appropriate steps to set up storage facilities for the exclusive storage of seized Narcotic Drugs and Psychotropic and controlled Substances and Conveyances, duly equipped with vaults and double locking system to prevent theft, pilferage or replacement of the seized drugs."
The bench in its 58-pages order asked the Chief Justices of High Courts to appoint a Committee of Judges on administrative side to supervise the progress made by the respective states with regard to compliance of its directions.
The order came on an appeal filed by Mohanlal and others with the court appointing senior advocate Ajit Kumar Sinha as Amicus Curiae, to take a realistic review of the procedure for search, disposal or destruction of the narcotics and the remedial steps needed to plug loopholes, if any.
Issuing a slew of directions for disposal of seized contraband substances, the apex court said that no sooner the seizure of any Narcotic Drugs and Psychotropic and Controlled Substances (NDPS) and Conveyances is effected, the same shall be forwarded to the officer in-charge of the nearest police station or to the officer empowered under the Act.
The bench said that cumulative effect of the reports
submitted by the states and the central agencies show that only 16 per cent of the contrabands seized between 2002 to 2012 have been actually disposed of.
"What happened to the remaining 84 per cent of such seizures is anybody's guess and if it is still lying in the police malkhana, why has nobody ever bothered to apply for their disposal according to the procedure established by law is hard to fathom," the bench said.
The apex court said the Centre and the state governments should designate an officer each for their respective storage facility and provide other measures to ensure proper security against theft, pilferage or replacement of the seized drugs.
The bench said the Centre and the states shall be free to set up a storage facility for each district in the states and depending upon the extent of seizure and store required, one storage facility for more than one district.
It directed that disposal of the seized drugs, currently lying in the police malkhanas and other places used for storage, shall be carried out by the concerned Drug Disposal Committees.
The bench directed that disposal of contraband shall be carried out in cases where the trial is concluded and proceedings in appeal or revision have all attained finality.
It said, "we only hope that the failure of the Central Government agencies and the State Governments in providing what is the bare minimum in terms of infrastructure required to arrest the growing menace and prevent pilferage and re- circulation of drugs back into the market is not on account of any unholy connect between the drug traffickers and the enforcement agencies."
The apex court said it presumes that failure of government agencies is only relatable to "apathy and indifference and hope that the system does not get corrupted by continued neglect, lest all hopes are lost in the fight against drug menace which are eating into the vitals of our society.
