Plea in Supreme Court seeks time-bound NDPS probes, special courts, confiscation of drug mafia assets
New Delhi, July 29
A Public Interest Litigation has been moved before the Supreme Court seeking comprehensive reforms to tackle the growing drug menace and dismantle organised drug trafficking networks across the country.
The petition, filed by advocate Ashwini Kumar Upadhyay under Article 32 of the Constitution, seeks directions to the Centre, States and the Law Commission to strengthen investigation, prosecution and rehabilitation mechanisms under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The petition urges the Court to direct the Centre and State governments to prescribe mandatory timelines for submission of Forensic Science Laboratory (FSL) reports in all NDPS cases and frame Standard Operating Procedures (SOPs) for search, seizure and sampling. It also seeks constitution of Special Courts under Sections 36 and 36A of the NDPS Act to ensure time-bound investigation and speedy trial.
Among its key prayers, the PIL seeks directions to establish an Expert Committee for identification and timely scheduling of New Psychoactive Substances (NPS), implement mandatory digital recording and videography of search, seizure and sampling proceedings, and create rehabilitation and wellness centres under Sections 39 and 64A of the NDPS Act for treatment of addicts.
The petitioner has also sought a graded sentencing policy prescribing stricter punishment for traffickers, financiers and organised drug syndicates while treating addicts and personal-use offenders differently.
It further seeks time-bound assessment and confiscation of properties of traffickers, financiers and their family members under the NDPS Act, the Prevention of Money Laundering Act (PMLA), the Benami Property Act, the Prevention of Corruption Act and the Black Money Act.
Additionally, the PIL requests the Court to direct the Law Commission to prepare a comprehensive report on the issue and declare that sentences in NDPS cases should run consecutively rather than concurrently.
According to the petition, drug trafficking has nationwide consequences, affecting public health, destroying families, fuelling organised crime and terror financing, and leading to addiction-related deaths.
It claims there is no uniform investigation protocol, no statutory timeline for forensic examination, no effective mechanism for tracing and confiscating proceeds of drug trafficking, and inadequate implementation of rehabilitation measures despite provisions in the NDPS Act.
The PIL cites instances including the death of five sons of a woman in Punjab due to drug addiction, alleged drug-related crimes in several States, and official data showing a sharp increase in drug cases and seizures in 2025.
It contends that these developments demonstrate the need for stronger institutional mechanisms to effectively enforce the NDPS Act and fulfil the State's constitutional obligations under Articles 14, 21 and 47.
The petitioner argues that the absence of uniform investigation standards, delays in forensic reports, lack of Special Courts and inadequate rehabilitation infrastructure have weakened enforcement of the NDPS Act and undermined the constitutional right to speedy investigation and trial.
The plea seeks judicial intervention to introduce a coordinated national framework for investigation, prosecution, sentencing, rehabilitation and monitoring of narcotics offences.
— ANI
Reader Comments
This is exactly what India needs. I work in social work in Mumbai, and the lack of rehabilitation centers is heartbreaking. Addicts are treated like criminals instead of patients. The personal-use differentiation is important - we should punish kingpins, not users who need help. Hope this PIL leads to real change and not just another committee that files a report and disappears.
Good intentions but this will end up like the UAPA and PMLA - misused against ordinary citizens while big fish escape. The confiscation of family properties clause is dangerous. In India, joint families mean grandparents and wives have assets too. Will the court ensure due process before seizing property? Also, 'consecutive sentencing' for NDPS cases sounds draconian. Need balance between tough on crime and constitutional rights.
As someone from Punjab, I've seen what drugs do to families. That story of a woman losing all five sons is not an exception - it's reality in many villages. But we also need better border security. Drugs come from across the border, and local police often can't stop it because the big traffickers have political connections. Special courts with fast-track trials are great, but who will protect witnesses from being killed? 🤔
Impressive legal framework proposed. The standardization of SOPs for search and seizure is crucial - right now every state police force does it differently, leading to procedural loopholes. But I'm skeptical about timelines for FSL reports given the backlog in labs. We need more forensic labs and scientists first. Also curious how the Expert Committee for new psychoactive substances will work - these drugs change composition faster than laws can keep up.
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