Abstract

Drug trafficking is still a big problem in India. It puts people's health, the country's security, and social order at risk. India is especially vulnerable to drug trafficking across borders since it is located between the Golden Crescent and the Golden Triangle, two of the world's biggest opium-producing areas. India has put in place a full set of laws to fight this expanding threat. The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is the main one. The goal of this Act, together with other laws and enforcement tools, is to make it illegal to make, sell, or use illegal substances. However, even though the law is very strict, drug trafficking is still becoming worse, which raises important concerns about how well the law works and how well it is enforced. This study aims to critically examine the laws that are in place in India to fight drug trafficking. It starts by looking at the history and changes to the NDPS Act over time, including important changes made in 1989, 2001, and 2014. It looks at important parts of the Act, like definitions, how drugs are classified, fines, procedural safeguards, bail conditions, and the burden of proof. The study also looks at the effects of special legislation like the Prevention of Illicit Traffic in NDPS Act, 1988, which lets the police hold criminals without charge, on basic rights and civil freedoms.
The study also talks about how enforcement organizations like the Narcotics Control Bureau (NCB), the Directorate of Revenue Intelligence (DRI), the Border Security Force (BSF), and the state police help stop the drug trade. Even though there is a strong institutional framework, problems including corruption, lack of coordination between agencies, abuse of power, delays in prosecution, and mistakes in the process often make it hard to carry out effectively. The paper also looks at important court cases, like Tofan Singh v. State of Tamil Nadu (2020), where the Supreme Court said that confessions to NDPS officers cannot be used as evidence. This had a big impact on how prosecutors plan their cases.
One big problem is that people who commit minor crimes, such first-time users or people who have little amounts of drugs, are being given too many criminal charges. Because the law is harsh and there aren't many ways to help addicts get better, they typically end up in jail instead of getting treatment, which makes the situation worse. The report makes the case for a more humanitarian and reformative approach that finds a balance between tough law enforcement and public health tactics. The report looks at what other countries have done that has worked, such Portugal, where decriminalization and harm-reduction programs have worked well. It suggests changes to the law, fair sentencing, making drugs legal for personal use, and a drug strategy that focuses on public health.
The study finds that India's legislative framework for fighting drug trafficking is thorough on paper, but it needs a lot of changes in how it is put into action, how the courts interpret it, and what policies it follows. To deal with India's complicated and changing drug trafficking problem, we need a plan that includes changing the law, making institutions stronger, working together with other countries, and helping people in their own communities.