NDPS Act 1985: A Study with Special Reference to Investigation

Abstract

Even in the most extreme situations, where there is sufficient evidence proving an accused guilt, the courts have chosen to acquit them, frequently on technical grounds resulting from the improper application of the provision of Narcotic Drugs and Psychotropic Substances(NDPS)Act, 1985 particularly those relating to the seizure of illegal substances and the arrest of the person in possession of them. The common consensus is that if someone is found in possession of narcotics, the inquiry that follows should lead to the accusation of guilt. Thus, it is crucial that the applicable provisions of the Act be administered impartially and in accordance with the well-established principle of criminal law, which requires that the accused be presumed innocent until and unless proven guilty.

This paper seeks to investigate the practical application of the NDPS Act in drug cases in India. It aims to examine the legal and procedural aspects of drug-related offenses, the investigation process, the role of law enforcement agencies, and the challenges faced in prosecuting offenders also examine the effectiveness of the NDPS Act in achieving its intended objectives and suggest potential reforms to enhance its effectiveness. The study will draw on a comprehensive review of the relevant literature, including case laws and legal provisions, as well as interviews with law enforcement officials and legal experts.