Uttaranchal HC directs the State Government to book ‘kingpins’ of drugs distribution racket under Money Laundering Act, 2002

Uttaranchal High Court: A Division Bench comprising of Rajeev Sharma and Lok Pal Singh, JJ., was deciding a public interest litigation-writ petition that highlighted the opening of a liquor vend in the heart of Almora town near the District Hospital and Girls Inter College. The bench directed the State to curb the menace of free availability of narcotics including liquor to the youth.

The petition was filed alleging that the abovesaid liquor vend contravene the provisions of Uttar Pradesh Number and Location of Excise Shops Rules 1968, and also the instructions issued by the State Government in that matter as the said shop was established in the proximity of educational institution, which is prohibited. The High Court was of the view that such establishment should not have been permitted by the Government. Further, narcotics including liquor should not be readily available; liquor vends should be far away from educational institutions, busy hubs, commercial centers, hospitals, factories, etc.

The High Court observed that Article 47 of the Constitution, cast a duty upon the State to strive for the prohibition of consumption of liquor. It was observed that ‘drug abuse’ has broken the social fabric and destroyed many families. The Court noted that the smuggling of drugs into the State from border areas was on a rise; the police was not able to get hold of drug peddlers and especially their ‘kingpins’. The Court held that the menace of drug abuse has to be dealt with sternly. The kingpins apprehended in such cases are to be booked not only under NDPS Act but also under the Money Laundering Act which provides for prevention of money laundering and confiscation of property derived from, or involved in, money laundering and for matters connected therewith. The State was further directed inter alia to appoint more Drug Inspectors, constitute Special Operation Groups, set up check posts at Indo-Nepal Border, undertake special drives to uproot cannabis, establish Rehabilitation Center in each district, ensure that no minor is served any drug or alcoholic beverage, etc. The petition was disposed of in above terms. [Manoj Singh Pawar v. State of Uttarakhand,2018 SCC OnLine Utt 552, dated 18-6-2018]

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