Jammu & Kashmir High Court - Srinagar Bench
The All India Organization Of Chemists ... vs Ut Of J&K And Ors on 2 May, 2025
Author: Vinod Chatterji Koul
Bench: Vinod Chatterji Koul
S. No. 165
Special Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1456/2024
The All India Organization of Chemists and ...Appellant/Petitioner(s)
Druggists through Fayaz Ahmad Azad
Through: Mr. F. A. Wani, Advocate
Vs.
UT of J&K and Ors. ...Respondent(s)
Through: Mr. Hakeem Aman Ali, Dy. AG
CORAM:
HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
02.05.2025
1. Petitioner-association feels aggrieved of advisory issued by respondents to the extent it directs Retail Pharmacies and Wholesale Drug Outlets to install CCTV cameras and adopt fully computerized billing system.
2. The short grievance of petitioner-association is that advisory issued by respondents qua installation of CCTV cameras and adoption of computerized billing system, is coming heavily in the way of conduct of the business by the druggists and is, thus, impacting the chemists.
3. It is submitted by learned counsel for the petitioner-association that the respondents have no legal authority in law holding the domain to impose the requirement on the petitioners one in the nature of direction for installation of CCTV cameras and adoption of computerized billing system on private businesses. It is also submitted by him that impugned advisory has been issued by respondents without following due process of law including legal and procedural steps for adequate consultation 1 with stake holders and consideration of the petitioners' concerns on the premise.
4. Respondents have raised preliminary objection regarding maintainability of writ petition on the ground that the country as a whole is facing a challenge of drug abuse/illicit trafficking of intoxicating drugs and UT of J&K is not an exception to it. Drug abuse continues to be an area of serious concern for all of us as it has far- reaching, socio-medical and economic consequences. Addiction to drugs not only affects the individuals involved but also disrupts the families and society. The role of drug regulatory agencies is to protect and promote public health. The policy of the Government has been broadly based on promotion of use of such substances for medical and scientific purpose while preventing their diversion from licit sources and prohibiting illicit traffic and abuse.
5. It is being also stated by respondents that administrative directions have been issued by Government of J&K to curb the menace of drug abuse. As an abundant precaution, it has been made compulsory for Retail Pharmacies/Drug Sale Establishments to install CCTV cameras and to adopt computerized billing system in their pharmacies. The UT administration has given responsibility to respondent 3 to 5 to ensure that IT enabled surveillance system in Pharmacies/Medical Establishments existing/operating across the UT of J&K need to be completed in time bound manner, therefore, a robust mechanism to control and curb unlawful activities was implemented on ground.
6. Heard learned counsel for the parties and perused the material on record.
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7. National Commission for Protection of Child Rights (NCPCR) in collaboration with Narcotics Control Bureau (NCB) has been organizing events for Drug Free India. Focus was laid on strict implementation for installation of CCTV cameras in chemist shops selling Scheduled X & H drugs, tobacco free zone of the school areas, awareness and roles to be played by all the stakeholders. Consequently, NCPCR has been issuing orders/instructions to all medical shops across the country, requiring installing of CCTV cameras inside and outside their premises, aiming at preventing sale of Schedule H, H1 and X drugs to children, which are considered psychotropic substances and to address issues of drug abuse among children.
8. It is not understandable how petitioners are aggrieved of the advisory so far as it directs retail pharmacies and/or wholesale drug outlets of U.T. of J&K to install CCTV cameras and adopt fully computerized billing system. The purpose for issuing such advisory is aiming at checking and preventing sale of prohibited drugs used as drug abuse by drug addicts and drug traffickers, who buy it from medical shops/stores. Thus, installation of CCTV cameras would help in identifying such drug abusers and, obviously, quell such practices besides maintaining of computerized bills.
9. This advisory, impugned herein, is, therefore, helpful in checking the purchase of prohibited drugs, and would serve a purpose for the benefit of public at large. It is worthwhile to mention here that consequences of drug use usually are not limited to user and often extend to the user's family and the greater community. The consequences of illicit drug use impact the entire criminal justice system, taxing resources at each stage of 3 the arrest, adjudication, incarceration and post-release supervision process. It impacts productivity. It causes premature mortality, illness, injury leading to incapacitation and imprisonment all serve to directly reduce national productivity. Public financial resources expended in the areas of health care and criminal justice as a result of illegal drug trafficking and use are resources which could otherwise be available for other policy initiatives. The global drug problem presents a multifaceted challenge that touches the lives of millions worldwide. From individuals struggling with substance use disorders to communities grappling with the consequences of drug trafficking and organized crime, the impact of drugs is far- reaching and complex. There is a great loss of productivity associated with drug-related premature mortality. Although it is difficult to place a dollar value on a human life, a rough calculation of lost productivity can be made based on the present discounted value of a person's lifetime earnings. There are also health-related productivity losses. An individual who enters a residential drug treatment program or is admitted to a hospital for drug treatment becomes incapacitated and is removed from the labour force. Productivity losses in this area alone are enormous. Health-related productivity losses are higher still when lost productivity associated with drug-related hospital admissions, including victims of drug-related crimes, is included. These imperative aspects concerned with illicit traffic in narcotic drugs and psychotropic substances cannot be overlooked or ignored. Reference in this regard is made to judgement dated 18.04.2025, passed by this Court in HCP no.227/2024 titled as Ishfaq Ahmad Khan vs. Union Territory of J&K and another.
10. In Union Territory of J&K, as is stated by respondents, over 98% of retail pharmacies and 99% of wholesale establishment have already 4 installed CCTV cameras and adopted computerized billing system. When the majority of retail pharmacies and wholesale establishments have installed CCTV cameras and started issuing computerized bills, it is not known who are being represented by petitioner-association in the instant writ petition. It appears that the name of association is being used albeit majority of drug pharmacies have already adopted installation of CCTV cameras. This suggests that handful of drug pharmacies through instant writ petition want to defeat the objective of the scheme of installation of CCTV cameras and computerization of billing system. Petitioners, instead of approaching this Court, should have voluntarily installed CCTV cameras and adopted computerization of billing system. This petition is hopelessly without any merit and has been filed with some ulterior motive and object.
11. For the foregoing reasons, I do not find any merit in the instant petition and the same is, accordingly, dismissed. Interim direction, if any, shall stand vacated.
(VINOD CHATTERJI KOUL) JUDGE SRINAGAR 02.05.2025 Manzoor 5