New Delhi, Aug 10 (IANS) The Supreme Court on Monday issued notice to the Centre and state governments on a Public Interest Litigation (PIL) seeking directions for time-bound investigation and speedy trial of cases involving narcotic drugs and psychotropic substances.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notice on the plea filed by advocate Ashwini Kumar Upadhyay.
The matter has been listed for further hearing on September 28.
The petition seeks directions to the Centre and states to prescribe a mandatory timeline for submission of Forensic Science Laboratory (FSL) reports in all cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and formulate a Standard Operating Procedure (SOP) for search, seizure and sampling in small and intermediate quantity cases.
The PIL also seeks constitution of an expert committee for identification and timely scheduling of New Psychoactive Substances (NPS), as well as Special Courts under Sections 36 and 36A of the NDPS Act and a uniform SOP for time-bound investigation and speedy trial of narcotics cases.
According to the plea, the absence of uniform investigation standards, time-bound forensic examination and effective monitoring has resulted in delays in investigation and prosecution of narcotics offences, procedural lapses and inconsistent enforcement across states.
The PIL has also sought directions for mandatory digital recording and videography of search, seizure, sampling and inventory proceedings in NDPS cases, contending that such measures would improve transparency and help prevent avoidable acquittals arising from procedural deficiencies.
It further seeks establishment and operationalisation of rehabilitation and wellness centres and effective implementation of Sections 39 and 64A of the NDPS Act, which provide mechanisms for treatment and immunity from prosecution for certain addicts who voluntarily undergo de-addiction treatment.
The plea has sought a graded sentencing policy providing stringent and proportionate punishment for traffickers and financiers while distinguishing them from addicts and persons involved in personal-use offences.
It has also sought consideration of consecutive sentences in appropriate NDPS cases. The petition seeks time-bound assessment and confiscation of properties of drug traffickers, financiers and persons allegedly involved in the drug trade, invoking provisions of the NDPS Act, Prevention of Money Laundering Act, Benami Property Act, Black Money Act and other relevant laws.
The plea contends that drug abuse has ramifications beyond individual offenders and victims, affecting public health, family structures, public order and national security. It refers to instances of drug-related deaths, addiction-driven violence and smuggling networks, including alleged drone-based trafficking along border areas.
According to the petition, there was a 53 per cent surge in drug cases in 2025, with 1,48,063 cases registered and 1,240 tonnes of drugs seized, citing data attributed to the Narcotics Control Bureau. It also raises concerns over the proliferation of New Psychoactive Substances, including synthetic opioids, and the absence of a permanent mechanism for their timely identification and scheduling.
The petitioner has argued that the continuing menace of substance abuse and shortcomings in investigation, prosecution, rehabilitation and enforcement raise issues concerning Articles 14 and 21 of the Constitution, as well as the government’s obligations under Article 47.
The PIL also seeks a direction to the Law Commission of India to prepare a comprehensive report on the issue and has sought coordinated measures by the Centre and state governments to strengthen investigation, forensic examination, asset tracing, prosecution and rehabilitation in narcotics cases.
–IANS
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