Jammu and Kashmir today finds itself at the epicentre of a disturbing narcotics surge. Almost every other week, headlines report the seizure of substantial quantities of drugs and the arrest of couriers, often pointing to organised networks that prey relentlessly on the region’s youth. Yet, beneath these dramatic breakthroughs lies a sobering reality: a worrying number of cases under the NDPS Act end in bail or acquittal, even when commercial quantities are involved. This gap between enforcement action and final conviction has emerged as one of the gravest challenges in the fight against the drug menace. The NDPS Act is a stringent law, deliberately designed with strict procedural safeguards to balance individual liberties with societal interests. These safeguards-mandatory compliance with search and seizure protocols, presence of independent witnesses, timely forensic analysis, and meticulous documentation-are not technical niceties but the very backbone of a sustainable prosecution. Unfortunately, procedural lapses, weak legal understanding, casual investigation, or poor coordination between investigating officers and prosecutors often provide the defence enough ground to secure bail or acquittal.
The consequences are far-reaching. Frequent acquittals in commercial quantity cases send a dangerous signal to drug syndicates that the risk of punishment is manageable. More importantly, they erode public confidence in the criminal justice system and deepen the sense of insecurity among families watching their children fall prey to addiction. In a region already grappling with multiple security and social challenges, the unchecked spread of drugs is a slow but devastating assault on its social fabric. In this context, the drafting of a fresh SOP for NDPS cases is a timely and necessary intervention. By emphasising uniform investigation standards, capacity building, accountability, and the handling of serious cases only by trained and specialised officers, the proposed SOP seeks to plug long-standing loopholes. The decision to challenge bail and acquittal orders in commercial quantity cases before higher courts further underlines the Government’s intent to pursue these matters with the seriousness they deserve.
However, lessons from past experiences must not be ignored. Earlier SOPs failed largely because compliance remained on paper. The real test of the new framework will lie in its enforcement, regular training, periodic review, and willingness to fix responsibility where lapses occur. Drug trafficking networks are adaptive; the response must be equally dynamic. Time-bound revisions of SOPs, based on judicial feedback and emerging trends, are essential.
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