Mr. Kanhaiya Singhal, Advocate-on-Record Supreme Court of India
Mr. Rishabh Jain, Advocate, Amity Law School, Delhi (GGSIPU) (Batch of 2020)
Mr. Chetan Bhardwaj, Advocate, Amity Law School, Noida (Batch of 2019)
ABSTRACT
The authors of the instant paper aim to put forth the peculiar predicaments pertaining to the application of the Narcotics Drugs and Psychotropic Substances Act, 1985 and certain recommendations to overcome the same, from the perspective of both- the offender and the prosecutor. Unlike other enactments in the sphere of criminal law, and an exception to the principle of Ei Incumbit Probatio, Qui Dicit, Non Qui Negat i.e. innocent until proven guilty, the Legislators wish to make amply clear, the gravity which it wishes to attach to the cases initiated under the aforementioned Act. There have been several conflicting decisions, within the territory of India, on crucial issues concerning the search, seizure and arrest of an offender as well as the contraband goods. The enforcement of the Act has had a multi-faceted impact on the stakeholders. The abuse of the procedure established by the Act is not uncommon and has far-reaching impact. Contrarily, even in the presence of such stringent provisions the cases of drug abuse are not uncommon in India, with the cities of Delhi and Mumbai being one of the leading cannabis consuming cities in the world. The rampant use of drugs and other narcotic substances, has the effect of hollowing a country from within unlike physical warfare, in which the country is destroyed from the outside. By leaving the youth of a country in a state of addiction, they are rendered inefficacious and thus a liability of the nation. The situation is further worsened in light of the distinctive geographical positioning of our Country i.e. between the “golden triangle” (Laos, Thailand and Burma) and ‘golden crescent’ (Afghanistan, Iran and Pakistan)- the two major suppliers of illicit Opium and its derivatives. Nepal, too, is a source of cannabis smuggling, which was duly noticed by the Law Commission of India.
