New Delhi, Aug 10 (UNI) Expressing serious concern over the growing menace of drug trafficking and abuse and its spread across the country, the Supreme Court on Monday sought responses from the Central and several State governments on a Public Interest Litigation, seeking reforms and stronger enforcement mechanisms under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Issuing notice on the petition, a Bench comprising Chief Justice Surya Kant, Justices Joymalya Bagchi and V Mohana observed that the situation was “very concerning” and ultimately required an effective response from the law-and-order machinery.
Chief Justice Kant referred to the inflow of narcotics into Punjab from foreign countries, while Justice Bagchi flagged the cross-border dimension of drug trafficking, particularly given India’s international borders and its proximity to the Golden Crescent. He referred in this context to Afghanistan and Myanmar and observed that these aspects were relevant to the issue raised before the Court.
The PIL, filed by advocate Ashwini Upadhyay, seeks a series of directions to strengthen investigation, prosecution, sentencing and rehabilitation mechanisms under the NDPS Act, including time-bound investigation and trial of narcotics cases, confiscation of properties of traffickers and a uniform investigation protocol across the country.
The petitioner has sought mandatory timelines for submission of Forensic Science Laboratory reports and Standard Operating Procedures governing search, seizure, and sampling in NDPS cases. It also seeks the constitution of Special Courts under Sections 36 and 36A of the Act for expeditious investigation and trial.
Among other prayers, the petition seeks mandatory digital recording and videography of search, seizure, and sampling proceedings and constitution of an expert committee for identification and timely scheduling of New Psychoactive Substances.
The PIL has also sought the establishment of rehabilitation and wellness centres for the treatment of drug addicts and a graded sentencing policy providing stricter punishment for traffickers, financiers, and organised drug syndicates while distinguishing addicts and personal-use offenders.
It further seeks time-bound identification and confiscation of properties and proceeds of drug trafficking under the NDPS Act and other applicable laws, besides a direction to the Law Commission to undertake a comprehensive examination of the issue.
The petitioner has contended that the absence of uniform investigation standards, delays in forensic reports, inadequate Special Courts, and insufficient rehabilitation infrastructure have weakened enforcement of the NDPS Act.
The plea asserts that drug trafficking has nationwide ramifications for public health and families and also fuels organised crime and terror financing, requiring a coordinated national framework for investigation, prosecution, sentencing, and rehabilitation.
