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Calcutta High CourtWPA/2259/2020disposed

Subrata Mondal v. State Of West Bengal & ORS

2023-04-04Hon'Ble T. S. Sivagnanam, Acting Chief Justice,Hon'Ble Justice Hiranmay Bhattacharyya3 pages

Ct. No. 01 WPA 2259 of 2020 With IA No.CAN 1 of 2020 Subrata Mondal Vs.

State of West Bengal & Ors.

Mr. Subhrangsu Panda Ms. Ina Bhattacharyya ... For Petitioner Mr. Anirban Ray, Ld. GP Mr. Debasish Ghosh Mr. Nilotpal Chatterjee ... For State RP AN 04.04.2023

1. By way of this public interest litigation the petitioner seeks to bring to light rampant sale and distribution of narcotic drugs and psychotropic substances particularly in the Howrah district of West Bengal. Pursuant to the direction issued by this Court a joint report was filed by the Commissioner of Police, Howrah Police Commissionerate and the Superintendent of Police, Howrah Rural District Police. In the said report the list of cases, which have been registered under the provisions of the Narcotic Drugs and Psychotropic Substances Act, have been furnished. We find from the said report that 60 cases have been registered at the relevant point of time i.e. prior to July 2020. In the said report it has been stated that both the Howrah Rural District Police and the Howrah Police Commissionerate are keeping sharp vigilance over sale and use of narcotic drugs and psychotropic substance in their respective jurisdiction on regular intervals, awareness programmes against sale and consumption of drugs are

organized in both the police districts. The name of the police officers, who are in-charge of such vigilance, have also been given as annexures.

2. By way of supplementary affidavit the writ petitioner submits that though the joint report states so, still several persons are being involved in illegal transaction of narcotic drugs and psychotropic substances and certain details in that regard have been furnished by the petitioner. The grievance of the petitioner is that more effective policing is required to prevent sale and consumption of narcotic drugs and psychotropic substances particularly in Howrah district. In this regard a representation was given by the petitioner on 30th December, 2020. The learned advocate appearing for the petitioner submitted that the petitioner has in his possession several materials to show that there is rampant sale and distribution of narcotic drugs and psychotropic substances in Howrah district as also in neighbouring district. Since the petitioner seeks for larger relief and the representation is of the year 2020, we are of the view that following direction will meet the ends of justice.

3. The writ petition stands disposed of by directing the writ petitioner to give a comprehensive representation containing full details, which are available in his possession to justify his claim that a more stricter vigilance has to be conducted in Howrah district to prevent sale of narcotic drug and psychotropic substances. The learned government counsel has informed that the State

has its own Narcotic Control Bureau. If this is so, then the concerned police authority shall consider the representation to be given by the petitioner and issue necessary orders for effective prevention of sale and distribution of narcotic drugs and psychotropic substances. The petitioner is directed to submit his representation to the Commissioner of Police, Howrah Police Commissionerate as well as the Superintendent of Howrah Rural District Police and the said authorities shall consider the representation of the petitioner on merit and appropriate orders be passed in accordance with law within a period of thirty days from the date of receipt of the representation and thereafter communicate a copy of the order to the petitioner.

4. Consequently the application is disposed of. (T. S. Sivagnanam) Acting Chief Justice (Hiranmay Bhattacharyya, J.)