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Drug Trafficking And Substance Abuse In India: A Critical Legal Analysis Of The NDPS Act With Special Reference To Tamil Nadu




A. Vignesh, LLB, Vels Institute of Science, Technology & Advanced Studies, VISTAS

Ms. G. Uma Maheswari, Assistant Professor, Department of Legal Studies, VISTAS


ABSTRACT


The proliferation of drug trafficking and substance abuse constitutes one of the most formidable challenges confronting contemporary legal systems. In India, the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) forms the cornerstone of the legislative response to this crisis. This article critically examines the legal architecture of the NDPS Act, scrutinises the enforcement mechanisms operational in India with particular focus on Tamil Nadu, evaluates the evolving jurisprudence of superior courts, and undertakes a comparative state-level analysis. The study adopts a doctrinal methodology grounded in statutory interpretation, judicial precedent, and policy analysis. Findings indicate that while the Act provides a rigorous punitive framework, its practical efficacy is substantially undermined by procedural lapses, forensic infrastructure deficiencies, prolonged trial delays, and inadequate rehabilitative provisions. Landmark decisions including Tofan Singh v. State of Tamil Nadu and State of Punjab v. Baldev Singh have recalibrated the balance between enforcement imperatives and constitutional guarantees. The article concludes with targeted legislative, administrative, and social policy recommendations aimed at strengthening the drug control regime, with tailored prescriptions for Tamil Nadu.


Keywords: NDPS Act 1985; drug trafficking; substance abuse; Tamil Nadu; judicial interpretation; enforcement; rehabilitation; narcotic drugs; psychotropic substances; procedural safeguards



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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