Only one among four persons suffering from illicit drugs dependence receives treatment

The ills of drug abuse seem to be shadowing the length and breadth of our country withthe Central and every State Government fighting against the menace of substance abuse. The debilitating impact of drug trade and drug abuse is an immediate and serious concern for India.

As the globe grapples with the menace of escalating Substance Use Disorders (SUD) and an ever accessible drug market, the consequences leave a generational imprint on public health and even national security. Article 47 of the Constitution makes it a duty of the State to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. The State has a responsibility to address the root causes of this predicament and develop effective intervention strategies to ensure that India’s younger population, which is particularly vulnerable to substance abuse, is protected and saved from such menace. This is particularly because substance abuse is linked to social problems and can contribute to child maltreatment, spousal violence, and even property crime in a family. 

Despite the efforts of the State, an unprecedented scale of coordination and profit seeking has sustained this menace so hard hitting and multifaceted that it causes suffering cutting across age groups, communities, and regions. Worse than suffering and pain, is the endeavour to profit from it and use the proceeds thereof for the committing of other crimes against society and the State such as conspiracy against the State and funding terrorist activities. Profits from drug trafficking are increasingly used for funding terrorism and supporting violence. 

From heroin and synthetic drugs to prescription medication abuse, India is grappling with an expanding drug trade and a rising addiction crisis. The Ministry of Social Justice and Empowerment’s 2019 Report (MoSJE 2019 Report) on ‘Magnitude of Substance Use in India’ revealed that nearly 2.26 crore people use opioids in India. 

It was also borne out that substance use exists in all the population groups; however, adult men bear the brunt of substance use disorders. After alcohol, cannabis and opioids are the next most commonly used substances in India. About 2.8% of the population (3.1 crore individuals) reported having used cannabis and its products, of which 1.2% (approximately 1.3 crore persons) was illegal cannabis and its products. 

Alarmingly, the rate of opioid dependence is pacing at an alarming rate, partly due to the ongoing narcotic trade across the country’s borders and their consequent ease of availability. According to the MoSJE 2019 Report, there are approximately 77 lakh problem opioid users – the Report defines “problem users” as those using the drug in harmful or dependent pattern in India. More than half of 77 Lakh problem opioid users in India are spread throughout the States of Uttar Pradesh, Punjab, Haryana, Maharashtra, Madhya Pradesh, Delhi, Andhra Pradesh, West Bengal, Rajasthan and Orissa. 

Studies across the globe suggest that easy access to narcotic substances, peer pressure, and mental health challenges particularly in the context of academic pressure and family dysfunction could be significant contributors to this disturbing trend. Addiction at a young age can derail academic, professional and personal aims, leading to long-term socio-economic instability of almost an entire generation. The psychological impact of drug abuse, including depression, anxiety, and violent tendencies, further exacerbates the problem. 

The reasons behind this rise in juvenile addiction are complex. Peer pressure, lack of parental affection, care and guidance, stress from academic pressures and the easy availability of drugs contribute to this alarming trend. In many cases, adolescents resort to drugs as a form of escapism, trying to cope with personal and emotional issues. 

Preventing drug addiction among adolescents requires a concerted effort from multiple stakeholders: parents and siblings, schools and the community. Given the disturbing rise in adolescent drug use, urgent interventions are needed. 

The MoSJE 2019 Report found that only one among four persons suffering from dependence on illicit drugs had ever received any treatment and only one in twenty persons with illicit drug dependence ever received any in-patient treatment. Given the scale of the issue, there is need for a more comprehensive view of the solutions to the grave problem. 

Parents have a crucial role in the prevention of drug abuse among adolescents. Parental awareness, communication, and support are key in mitigating the risk of drug addiction. The first step in the effective preventive leap should start within the household. 

In our view, the most important yearning of children is love and affection and a sense of security emanating from parents and family. Domestic violence and discord between parents; lack of time being spent by parents with children due to various reasons and compensating the same by pumping pocket money are some of the reasons why young adolescents are being veered towards escapism and substance abuse. Affectionate and friendly conversations between parents and children and a continuous assessment of the direction in which a child is proceeding is a duty which each parent must undertake. This is to build a sense of emotional security around a child for, in our view, an emotionally secure child would not become vulnerable and be lured towards substance abuse as a possible path towards seeking what is lacking in life. 

No longer should drug abuse be treated as a taboo that parents disengage from. Instead, open discussions about drug use and its ill consequences will provide parents and children a safe space and equip children with the knowledge to help themselves out of peer pressure. 

Of equal importance is the need for schools and colleges to aid the government programs in educating students about the perils of drug abuse. They must include prevention of drug abuse in their curriculum, focusing on the physical, emotional, and legal consequences of drug abuse. Naturally, all efforts should be backed by scientific evidence and experiential learning. It is an urgent need that the Ministry of Social Justice and Empowerment’s framework of National Action Plan for Drug Demand Reduction and other programs are given a boost and truly imbibed in drug education programs run by schools and colleges in the country. 

Local communities should work with NGOs and law enforcement agencies to create awareness campaigns that address the risks of drug abuse with a special focus on schools and youth centres. Either through awareness campaigns, community outreach or peer education, communities can play a critical role in creating knowledgeable safe space that curb the use of drugs. 

The National Legal Services Authority and State Legal Authorities must devise awareness programs and implement them particularly in vulnerable regions of the States and territories more exposed to drug menace. 

There is a need for more synergies along the lines of Joint Action Plan on “Prevention of Drugs and Substance Abuse among Children and Illicit Trafficking” developed by the National Commission for Protection of Child Rights (NCPCR) in collaboration with Narcotics Control Bureau (NCB).

For youngsters just beginning to explore the world, the consumption of drugs in popular culture has propelled the cultural push towards a dangerous lifestyle, one that incorrigibly applauds drugs use as ‘cool’ and a fashionable display of camaraderie. We implore the youth to take charge of their decisional autonomy and firmly resist peer pressure and desist from emulation of certain personalities who may be indulging in drugs. It is sad that vulnerable children turn to drugs as an escapism from emotional distress and academic pressures or due to peer pressure. The unfortunate reality is that victims of substance abuse are not limited to the unfortunate ones who have fallen prey to it but also include their family and peers. Our approach towards the victims of drug abuse must not be to demonize the victims but to rehabilitate them.

Deep-rooted in our constitutional philosophy and social fabric is the vision to facilitate every citizen to be a constructive citizen, the best they can be. This vision hopes that the State’s obligation is met with a commitment to contribute as constructive citizens to the nation’s development. Part and parcel of this constructive citizenship is the positive aspect of uplifting oneself and those around towards a more participative polity and dynamic economy. Inextricably linked to this commitment is also the negative aspect of constructive citizenship, that is, to actively refrain from contributing against the interest of the community and the nation. It is a need of the times that the end consumers of the illicit drug trade exercise community-friendly decision making and refuse 

to sustain the bottom-line of drug traffickers. The arc and web of drug trade cannot be permitted to corrode the shine of the youth of India!

The Court concluded: "We find that the NIA was justified in seeking cancellation of bail granted to the petitioner herein by the High Court in respect of the offences alleged against him under the provisions of the NIA Act in the State of Punjab. This is because the said offences are now being investigated by the NIA and there is also transfer of the trial from the concerned Special Court in the State of Punjab to the Special Court in the State of Gujarat, to be tried along with Scheduled Offences under Sections 17 and 18 of the UAPA as per Section 14 of the NIA Act. Therefore, he special leave petition is also liable to be dismissed and is dismissed.The interim relief granted to the petitioner vide order dated 07.03.2024 and extended from time to time stands vacated."

This text is excerpted from the judgement of Supreme Court's bench of Justices B.V. Nagarathna and N. Kotiswar Singh in Ankush Vipan Kapoor vs. National Investigation Agency 

 It was authored by Justice Nagarathna. 

Court can convert petition under Section 482 CrPC as a criminal revision under Section 397 CrPC: Supreme Court

In Akanksha Arora v. Tanay Maben (2024), Supreme Court's bench of Justice Pankaj Mithal and Justice Sandeep Mehta directed the High Court to convert the petition under Section 482 CrPC as a criminal revision under Section 397 CrPC and decide it in accordance with law. It observed that the nomenclature of a petition is immaterial and for doing substantive justice. 

In the case in question, the Principal Judge, Family Court had fixed interim maintenance in favour of the appellant in exercise of powers under Section 125 of CrPC. The appellant was dissatisfied with the quantum of interim maintenance. The appellant wife filed a petition under Section 482 CrPC in the High Court seeking enhancement of the quantum of the maintenance.  The High Court dismissed the petition on the ground that it was not maintainable as the appellant wife had a remedy of a revision under Section 397 CrPC.

Supreme Court observed: “This Court has, in a catena of decisions, provided that nomenclature of a petition is immaterial and for doing substantive justice, the High Court can always convert a petition under Section 482 CrPC to a revision under Section 397 CrPC and vice versa.”

The Court relied on decision in Prabhu Chawla vs. State of Rajasthan and Another(1977) wherein it has been held that availability of alternative remedy of criminal revision under Section 397 CrPC, by itself, cannot be a good ground to dismiss an application under Section 482 CrPC. It also drew on Court's decision in Madhu Limaye vs. The State of Maharashtra (1977) . 

The Court noted: “Viewed in light of the above precedents, we feel that even if the High Court was of the view that the appellant should have invoked the jurisdiction under Section 397 CrPC for seeking enhancement of interim maintenance, it ought not to have non­suited the appellant only on the ground of alternative remedy”.

The Court concluded:“The approach of the High Court in dismissing the petition filed by the appellant under Section 482 CrPC on the hyper technical ground that she had to avail the remedy of revision cannot be appreciated because the same has unnecessarily compelled the appellant to approach this Court by way of this appeal filed under Article 136 of the Constitution of India.” The judgement was delivered on December 4, 2024.

The Court decided the appeal assailing the judgment of the Jabalpur Bench of the Madhya Pradesh High Court whereby a wife’s petition under Section 482 CrPC seeking enhancement of interim maintenance was dismissed.

Supreme Court quashes judgments, orders of High Court and Special Judge, Kurukshetra against Haryana IPS officer, Bharti Arora in NDPS case

Supreme Court's bench of Justices B.R Gavai, P.K Mishra and K.V. Viswanathan delivered a judgement on December 13, 2024 quashing the judgments and orders of High Court and Special Judge, Kurukshetra against Haryana IPS officer Bharti Arora in a proceedings initiated against the her for the offence punishable under Section 58 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The Special Judge had recorded the findings against the appellant as well as the other police officers without even issuing notice to them. Notably, on October 26, 2010, the Court had stayed the High Court's judgment and order which had refused to interfere with the Special Judge, Kurukshetra and upheld the order dated May 30, 2008. The High Court's order dated May 19 2008 had refused to entertain the revision with the observation that the order passed by the learned Special Judge should not be construed as an expression of opinion on the merits of the matter.

Justice Gavai who has authored the 39-page long judgement observed that the Special Judge had acted in a predetermined manner. The "Special Judge had given a complete go-bye to all the principles of natural justice. It is a well-settled principle of law that justice should not only be done but should be seen to be done." He underlined that the "Special Judge could not have conducted the proceedings against the present appellant for the offence punishable under Section 58 of the NDPS Act inasmuch as such proceedings could have been conducted only by a Magistrate. Undisputedly, the procedure as required under Chapter XX i.e. Sections 251 to 256 of the Cr.P.C. has also not been followed." 

He recalled the Court's decision in State of West Bengal and Others v. Babu Chakraborthy (2004) 12 SCC 201 : 2004 INSC 492. In this case, the accused persons were convicted for an offence punishable under the NDPS Act. In the appeal preferred by them, while allowing the appeal, the High Court made several strictures and observations against two officers of the West Bengal Police in an IPS Cadre. In the said case also, the allegations against the said officers were with regard to violation of provisions of Section 42 of the NDPS Act. The Court observed:"In our view, the High Court was not justified and correct in passing observations/strictures against Appellants 2 and 3 without affording an opportunity of being heard, and it is in violation of a catena of pronouncements of this Court that harsh or disparaging remarks are not to be made against the persons and authorities whose conduct comes into consideration before courts of law unless it is really necessary for the decision of the case. Likewise, the directions issued by the High Court to the trial court to lodge a complaint to the Magistrate having jurisdiction for prosecuting Appellants 2 and 3 for having committed an offence under Section 58 of the Act read with Sections 166 and 167 of the Penal Code, 1860 is not warranted. The observations made by the High Court are liable to be expunged and accordingly."

It cited the following passage from Jackson’s Natural Justice (1980 Edn.). It reads: “The distinction between justice being done and being seen to be done has been emphasised in many cases. . . .The requirement that justice should be seen to be done may be regarded as a general principle which in some cases can be satisfied only by the observance of the rules of natural justice or as itself forming one of those rules. Both explanations of the significance of the maxim are found in Lord Widgery, C.J.'s judgment in R. v. Home Secretary [(1977) 1 WLR 766, 772] , ex. p. Hosenball, where after saying that “the principles of natural justice are those fundamental rules, the breach of which will prevent justice from being seen to be done” he went on to describe the maxim as “one of the rules generally accepted in the bundle of the rules making up natural justice”. It is the recognition of the importance of the requirement that justice is seen to be done that justifies the giving of a remedy to a litigant even when it may be claimed that a decision alleged to be vitiated by a breach of natural justice would still have been reached had a fair hearing been given by an impartial tribunal. The maxim is applicable precisely when the court is concerned not with a case of actual injustice but with the appearance of injustice or possible injustice. In Altco Ltd. v. Sutherland [(1971) 2 Lloyd's Rep 515] Donaldson, J., said that the court, in deciding whether to interfere where an arbitrator had not given a party a full hearing was not concerned with whether a further hearing would produce a different or the same result. It was important that the parties should not only be given justice, but, as reasonable men, know that they had had justice or “to use the time hallowed phrase” that justice should not only be done but be seen to be done. In R. v. Thames Magistrates' Court, ex. p. Polemis [(1974) 1 WLR 1371] , the applicant obtained an order of certiorari to quash his conviction by a stipendiary magistrate on the ground that he had not had sufficient time to prepare his defence. The Divisional Court rejected the argument that, in its discretion, it ought to refuse relief because the applicant had no defence to the charge. It is again absolutely basic to our system that justice must not only be done but must manifestly be seen to be done. If justice was so clearly not seen to be done, as on the afternoon in question here, it seems to me that it is no answer to the applicant to say: ‘Well, even if the case had been properly conducted, the result would have been the same. That is mixing up doing justice with seeing that justice is done (per Lord Widgery, C.J. at p. 1375).”

The Court observed that the Special Judge acted, without even giving notice to her, only on the basis of the arguments advanced at the stage of final hearing of the matter, made adverse observations against her by almost finding her guilty of the offence punishable under Section 58 of the NDPS Act. While doing so, neither any notice nor was any opportunity of being heard given to her.

Shweta Kumari Singh, Editor, Patna High Court transferred, posted as Principal District and Sessions Judge, Muzaffarpur

Shweta Kumari Singh who was appointed as the first editor of Patna High Court by the Chief Justice of the High Court has been transferred and posted as Principal District and Sessions Judge, Muzaffarpur. She is expected to join December 31, 2024. She has been directed to make over charge of her present office after obtaining the necessary permission of the Chief Justice in such a way so as to join her new assignment immediately. A notification in this regard has been issued by the Registrar General, Patna High Court on December 13, 2024.

 

She was recruited directly from the Bar. She was born on May 20, 1976. She is a law graduate. She is due to retire on May 31, 2036.

 

As editor she was supposed to monitor all machine translation related activities. Her appointment as editor was made subsequent to creation of one post of the editor by the General Administration Department, Government of Bihar. A notification dated April 4, 2024 was issued by P. K. Malik, Registrar General, High Court in this regard. As editor she has taken charge with effect from April 4, 2024.

 

Prior to her appointment as editor, she was Principal Judge, Family Court, Ara from August 2, 2023 till April 3, 2024. Before that she was Additional District and Sessions Judge Motihari  from May 11, 2022 to August 1, 2023. She was also Additional District and Sessions Judge, Ara from October 8, 2018 till May 10, 2022. 

 

Notably, Brajesh Kumar Singh, Additional District and Session Judge, Aurangabad and Mukesh Kumar, Additional Principal Judge, Katihar were appointed as Sub-editors of the High Court by the Chief Justice with effect from April 4, 2024.

The Constitution (129th Amendment) Bill, 2024 drafted for Simultaneous Elections

Union Cabinet approved the ‘One Nation, One Election’ proposal on December 11, 2024. The proposal aims to conduct simultaneous elections of Lok Sabha and Assemblies, followed by urban body and panchayat polls within 100 days. The proposal is a follow up of the recommendations of the High-Level Committee led by former President Ram Nath Kovind, formed in September 2023. The Committee had submitted the 18,626 pages long report in March 2024. 

A statement from the Union government said, “The Union Cabinet has accepted the recommendations by the high-level committee on ‘One Nation, One Election. Cabinet approved the proposal unanimously. In the first phase, Lok Sabha and Assembly elections will be conducted. In the second phase, elections for local bodies, such as Gram Panchayats, Blocks, Zila Panchayats, municipalities, and municipal corporations, will follow. An implementation group will be formed to carry forward the recommendations of the Kovind panel on simultaneous elections. Our government is committed to building a consensus on matters that impact democracy and the nation in the long run." 

The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 dated December 12, 2024 with five clauses has been drafted to undertake significant amendments to the Constitution to facilitate simultaneous elections. The proponents have introduced a concept of “mid term elections”.  This implies that if the government falls in the fourth year, the election shall be for the unexpired term-namely one year.  

Proposed Article 82A can be invoked only on the date of the first sitting of the Lok Sabha after a general election. This implies that in any case it will have its effect (simultaneously elections) after nine years, i.e. in 2034. 

Parliamentarians from among the opposition have asserted that the Bill hits the Basic Structure of the Constitution, adding that proposed Article 83(5) is contrary to Article 83(2). The State Legislative Assembly is not subordinate to Central govt or Parliament. Tenure of State Assembly depending on tenure of Lok Sabha is inconsistent.State has power to legislate under Schedule VII, List II of the Constitution. The autonomy of State assembly can't be taken away. Hits Basic structure of Constitution. According to the Bill, the Election Commission of India can make a recommendation to the President to postpone elections to any state assembly. Any state where the ruling party expects to lose can be postponed. 

Amendments proposed
I. Insertion of Article 82A – Simultaneous Elections

Article 82A will be inserted to mandate simultaneous elections to the Lok Sabha and all State Legislative Assemblies. The President, through a public notification issued on the date of the first sitting of the newly elected Lok Sabha, will enforce this Article. The term of all Legislative Assemblies elected after the notification date will end alongside the Lok Sabha’s term.

II. Conduct of Simultaneous Elections 

Article 82A(3) empowers the Election Commission to conduct general elections to the Lok Sabha and all State Assemblies simultaneously before the expiry of the Lok Sabha's term. The provisions of Part XV (Elections) of the Constitution will apply, with modifications as specified by the Election Commission.

III. Deferred Elections 

Article 82A(5) allows the Election Commission to recommend deferment of Assembly elections if they cannot coincide with Lok Sabha elections. The President may issue an order to conduct such elections at a later date.

IV. Legislative Assembly’s Term

Even if elections are deferred, the Legislative Assembly’s full term will end simultaneously with the Lok Sabha’s term, overriding Article 172.

V. Provisions for Mid-Term Elections- Amendments to Article 83 (Lok Sabha) 

Clauses 3 to 7 of the Bill addresses mid-term elections if the Lok Sabha is dissolved early. The new Lok Sabha elected during the mid-term election will serve only the unexpired term of the dissolved Lok Sabha. Similar provisions will apply to State Assemblies, ensuring alignment with Lok Sabha terms during mid-term elections.

The Statement of Objects and Reasons of the Bill claims that the proposal will reduce disruption caused by frequent elections and the imposition of the Model Code of Conduct. It will ensure uninterrupted development programs and it will prevent diversion of human power for prolonged election duties.

Also read: Why Say No to Electoral Bonds, Donor-driven ‘One Nation, One Election’ and One Unique Identifier?

Case Clearance Rate of Patna High Court is 96.82%, Bihar subordinate courts is 86.03 %

Case Clearance Rate (CCR) of Patna High Court during the year 2024 from January 1, 2024 to November 30, 2024 is 96.82%. A total of 122050 cases were instituted and 118170 cases were disposed of. CCR is the number of cases disposed of expressed as a percentage of number of cases instituted in the High Court during the year.

CCR in the High Court during the year 2023 from January 1, 2023 to December 31, 2023 was 112.12%. A total of 123830 cases were instituted during the year. A total of 138845 cases were disposed of during the year. In the 2022, the CCR was 112.84 % because a total of 108224 cases were instituted and a total of 122122 cases were disposed of. In 2021, the CCR was 56.61 % because a total of 107431 cases were instituted and a total of 60822 cases were disposed of. The CCR was 88 .00 % in 2020 because 58674 cases were registered and 51637 was disposed of. In 2019, it was 86.29 % because 136401 cases were registered  and117707 were disposed of. In 2018, it was 90.39 % because 130518 were instituted and 117984 cases were disposed of. 

From January 1, 2024 to October 31, 2024 the CCR of subordinate courts of Bihar is 86.03 % because a total of 776408 cases were instituted and 6679774 cases were disposed of.  

The CCR of subordinate courts of Bihar was 57.67 % because 614052 cases were registered and 354099 cases were disposed of in 2021. In 2020, CCR was 36.58 % because 476877 cases were registered and 174478 cases were disposed of. In 2019, the CCR was 67.73 % because 598462 cases were registered and 405347 cases were disposed of. In 2018, CCR was 73.09 % because 493973 cases were registered and 361063 cases were disposed of. 

 

"Corporate identity is relevant only till the corporate veil is not lifted": Justice Prathiba M. Singh, Delhi High Court

"If the corporate veil of JVG Group of Companies is lifted, it would follow that the date on which the Provisional Liquidator was appointed in respect of JVG Finance Ltd. would be relevant for unravelling the transactions entered into in the name of other companies as well. Lifting of the corporate veil of the companies would entitle the real transaction to be viewed sans the corporate façade. It is established that the funds of JVG Finance Ltd. were used for purchasing the subject lands albeit in the name of the other group of companies. The said assets are required to be accounted for all practical purposes as assets of JVG Finance Ltd. The corporate identity is relevant only till the corporate veil is not lifted. Once a court decides that the corporate veil is to be pierced; the defence of a company being a separate juridical entity does not arise." The judgement was delivered by Justice Prathiba M. Singh of Delhi High Court on February 22, 2024 in Re-M/S Jvg Finance Ltd vs. Unknown.

The High Court observed: The facts discernible from the record, whether on the basis of the documents produced or the lack of it, clearly establish the same. First of all, there is no credible dispute that the funds for purchasing the lands had been diverted from JVG Finance Ltd....There is no material on record which would establish that JVG Finance Ltd. had permitted the purchase of any property in the name of the other companies from its own funds. There is no justification whatsoever for using the funds of JVG Finance Ltd. for the purchase of the lands in the name of any other companies. The inescapable conclusion is that purchasing property in the name of other entities amounted to siphoning of JVG Finance Ltd.'s assets to those companies. The five group of companies were under the same management and thus, were clearly accountable for the assets of JVG Finance Ltd. albeit, acquired in their name."

The order reads: "The orders passed by the learned Company Court after 05.06.1998 indicate that the endeavour of the learned Company Court was to trace and preserve the assets of JVG Finance Ltd. for winding up the said company. By the order dated 14.10.1999, the learned Company Court directed deposit of titled deeds of lands admeasuring 60 acres located at district Gurgaon, Haryana and exercise to find out details of properties and assets purchased from the funds of investors was under table. By an order dated 03.09.2002, the learned Company Court had expressly interdicted the sale of assets of JVG Group of Companies. In the given facts, we find no infirmity with the view of the learned Company Court in rejecting the application seeking conveyance of the subject lands in its favour. The appeal is accordingly dismissed."