The Kerala High Court has expressed deep concern over the escalating issue of drug abuse infiltrating educational institutions, particularly affecting school-going children. In a recent ruling, the court underscored the gravity of the situation, noting that the "poisonous fangs of the drug mafia" have reached even the youngest members of society. This observation came during the affirmation of a Special Court's decision to cancel the bail of an individual accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), who had reoffended while on bail.
Justice V.G. Arun, presiding over the case, highlighted the alarming statistics from 2024, where Kerala reported 24,517 narcotic-related arrests. This surge in drug-related crimes compelled the state legislature to suspend its regular proceedings to address the profound societal impact of substance abuse. The court emphasized that while individual liberty is paramount, it cannot come at the expense of societal welfare. Allowing an accused, who has allegedly misused his freedom by committing the same offense, to remain free poses a significant threat to society.
The case in question involved an individual initially charged under Sections 22(b) and 29(1) of the NDPS Act for possessing 7.22 grams of MDMA. Although granted bail with the condition to abstain from further offenses, the accused was subsequently implicated in another NDPS case. This breach led the Special Court to revoke his bail, a decision upheld by the High Court. The court referenced previous judgments, asserting that the mere registration of a subsequent crime does not automatically warrant bail cancellation; however, in this instance, the repeated offense justified such action.
The court's observations reflect a broader concern about the pervasive nature of drug abuse in Kerala. Reports indicate a significant increase in drug-related cases over the past years, with substances ranging from traditional drugs like ganja and hashish to more dangerous synthetic drugs infiltrating the student community. A report by the State Special Branch revealed that approximately 400 educational institutions are affected by drug abuse, with 74.12% being schools, 20.89% colleges and professional institutions, and 4.97% other institutions such as ITIs and polytechnics.
The report also highlighted that most cases detected on college campuses involved seizures below one kilogram of ganja, a bailable offense, potentially encouraging continued drug abuse. Moreover, students have been found using noxious chemicals like whiteners, ink, and varnish solutions to achieve intoxication, substances not covered under the NDPS Act, thereby limiting legal recourse. The State Special Branch recommended establishing Campus Police Units to facilitate regular checks within educational institutions and providing guidelines to make campuses drug-free.
In a related development, the Kerala High Court, in a suo motu proceeding, issued several directives to combat drug abuse in educational institutions. These included convening meetings of key officials from various departments to implement programs aimed at reducing substance abuse among youth, involving organizations like Student Police Cadets, NCC, and NSS to raise awareness about the legal and health repercussions of drug use, and establishing counseling and rehabilitation mechanisms for affected students.
The court also emphasized the need for fair investigation and prosecution of drug-related crimes. While protecting society from the detrimental effects of drug trafficking, the legitimacy of the judicial process must be maintained by ensuring that law enforcement agencies conduct searches and investigations within the bounds of the law. Any deviation could undermine the integrity of the judicial system and the fight against drug abuse.
These developments underscore the critical need for a multifaceted approach to address the escalating drug menace in Kerala. The judiciary's proactive stance, coupled with coordinated efforts from law enforcement, educational institutions, and community organizations, is essential to safeguard the younger generation from the clutches of drug abuse. Implementing stringent measures, raising awareness, and providing support systems for rehabilitation are pivotal steps toward mitigating this pressing issue.
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