Supreme Court Issues Notice on PIL for Time-Bound NDPS Trials and Mandatory FSL Deadlines

• The Supreme Court has issued notice on a PIL seeking comprehensive reforms to the NDPS regime.
• The petition seeks mandatory timelines for forensic reports and constitution of Special Courts under the NDPS Act.
• Around two lakh people die annually due to narcotic substances, while nearly 20,000 others suffer from severe health consequences related to drug use.

The existing anti-narcotics framework has failed to effectively address the growing drug crisis, resulting in thousands of unnatural deaths and serious physical and mental illnesses attributable to drug abuse each year.

The Supreme Court has issued notice in a Public Interest Litigation (PIL) seeking sweeping reforms to the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The PIL, filed by Advocate Ashwini Kumar Upadhyay, highlights the systemic deficiencies in India's anti-narcotics framework, which have led to weakened enforcement, delayed prosecutions, and inadequate distinction between drug traffickers and addicts requiring treatment. The petition contends that the existing regime has failed to effectively address the growing drug crisis, resulting in thousands of unnatural deaths and serious physical and mental illnesses attributable to drug abuse each year. According to the plea, around two lakh people die annually due to narcotic substances, while nearly 20,000 others suffer from severe health consequences related to drug use.

The PIL seeks directions for the Centre and State Governments to prescribe a mandatory timeline for submission of Forensic Science Laboratory (FSL) reports in all NDPS cases. The petition also urges the apex court to direct the establishment of Special Courts under Sections 36 and 36A of the NDPS Act, which would ensure time-bound investigation and speedy trials. Furthermore, the plea seeks constitution of an Expert Committee to identify and promptly notify New Psychoactive Substances (NPS), including synthetic opioids such as nitazenes, which currently escape regulation due to delays in scheduling under the NDPS Act.

The PIL also seeks directions for the establishment and operationalisation of rehabilitation and wellness centres under Sections 39 and 64A of the NDPS Act. Additionally, the petition prays for a direction to the Law Commission to prepare a comprehensive report on reforms within three months. The plea highlights several incidents, including reports of parents in Punjab selling their infant son to finance narcotics, fatal overdoses, addiction-linked homicides, and the killing of a father by his drug-addicted son in Haryana, underscoring the gravity of the crisis.

Lawyers should watch for potential changes to the NDPS regime, including mandatory timelines for forensic reports and constitution of Special Courts, which may impact their clients' cases and compliance obligations.

Source: Original reporting via Supreme Court Issue Notice In PIL Seeking Time-Bound NDPS Trials, Mandatory FSL Deadlines, Special Courts To Combat India's Drug Crisis