Protection and Safeguards for NDPS

Abstract

Even in the most extreme circumstances, where adequate evidence is available, the Courts have acquitted the accused on technical ground due to incorrect application of the provisions of the Narcotic Drugs and Psychotropic Substances(NDPS) Act, 1985. Once an individual is caught with drugs, investigation process should always result in conviction. Hence, the investigation as to be as per provisions of the law and should not suffer from improper procedures and technical lacunae. One of the main objectives of the NDPS Act is to make stringent provisions for the control and regulation of operation relating to Narcotic Drugs, Psychotropic Substances and Controlled Substances. And the same is reflected in the strict terms of imprisonment and fine. The law aims to make drug trafficking extremely dangerous for drug traffickers, who would naturally perform their activities in a highly confidential manner to avoid detection and subsequent investigations. In this paper the author tries to explain the protection &safeguards and the importance of standard operating procedures for increasing number of convictions in NDPS cases.In this paper doctrinal and analytical method adopted for analysing the secondary sources and judgments of various courts.