[Drug Menace] Delhi High Court directs State and NCB to take appropriate measures within 12 weeks regarding mechanism for registration and investigation of complaints under NDPS Act

Delhi High Court

Delhi High Court: In a petition filed by a doctor (petitioner) seeking the development of a mechanism to register and investigate the complaints regarding the allegations for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) due to the unavailability of any procedural provision or mechanism for the registration/ receipt of a complaint regarding cognizable offences declared under the NDPS ACT with the Narcotics Control Bureau (respondent 2), Jasmeet Singh, J., directed the State to treat the present petition as representation and deliberate on it.

The present petitioner is a person who has been affected by the drug menace and raised issues in the present petition regarding the need for a mechanism to register and investigate the complaints regarding the allegations of offences under the NDPS Act.

The Court noted that the averments are grave in nature and need to be addressed by State and Narcotics Control Bureau, however, the present petition is in the nature of legislation, and is not within the domain of the present Court.

Thus, the Court directed both State and Narcotics Control Bureau to deliberate on the issues raised and take appropriate measures as expeditiously as possible not later than 12 weeks from today by a speaking order.

[Divya Jain v. State of NCT of Delhi, 2022 SCC OnLine Del 4540, decided on 20-12-2022]

Advocates who appeared in this case :

Counsel for petitioner- Ms. Arundhati Katju, Sanjay Vashishtha, L. A Vashishtha, Rahul Kumar Shristi Borthakur and Ritika Meena  

Counsel for State- Ms Rupali Bandhopadhyay, ASC with Mr. Akshay Kumar and Abhijeet Kumar, Advocates 

*Arunima Bose, Editorial Assistant has reported this brief.

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