A Supreme Court bench of Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana termed drug trafficking a very serious problem requiring coordinated expert action.
Petitioner Ashwini Kumar Upadhyay demanded a uniform investigation protocol, standard operating procedures for search and seizure, and mandatory videography during drug busts.
The plea seeks strict deadlines for submitting Forensic Science Laboratory reports and the establishment of special courts to prevent prosecution delays under the NDPS Act.
Supreme Court Seeks Centre Reply On Drug Trafficking Plea
Advocate Ashwini Kumar Upadhyay filed the petition through advocate Ashwani Kumar Dubey to demand a uniform investigation protocol
Summary
The Supreme Court on Monday sought responses from the Centre and states on a plea to strengthen the fight against drug trafficking. The public interest litigation demands prompt investigations and speedy trials for narcotics cases.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana stated coordinated efforts by expert agencies are necessary to tackle the menace.
"The problem is very serious," the bench observed.
Advocate Ashwini Kumar Upadhyay filed the petition through advocate Ashwani Kumar Dubey to demand a uniform investigation protocol. Upadhyay told the bench that a similar issue was already pending before the apex court. He said some countries, including Singapore, have taken effective steps to deal with drug trafficking.
Demands For Procedural Overhaul
The petition calls for immediate reforms to handle cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. It requests mandatory deadlines to submit Forensic Science Laboratory (FSL) reports across all NDPS cases.
Under the proposed reforms, authorities must formulate Standard Operating Procedures (SOPs) for search, seizure and sampling protocols. The plea specifies this applies especially to cases involving small and intermediate quantities of drugs.
The petition also demands mandatory digital recording and videography during all search, seizure and sampling proceedings. To prevent long prosecution delays, the plea calls for special courts dedicated to the speedy trial of NDPS cases.
Targeting Traffickers And Assets
The petition advocates a harsh financial crackdown on organised drug syndicates. It urges the court to direct authorities to promptly evaluate and seize assets owned by smugglers, their backers and relatives. This action would fall under the NDPS Act, the Prevention of Money Laundering Act, the Benami Property Act and the Black Money Act.
Upadhyay proposed a graded sentencing policy. This system would separate major smugglers and funders from dependent users and those caught with drugs for personal consumption. The plea requested a judicial declaration that sentences in NDPS cases must run consecutively. It also sought a direction to the Law Commission to prepare a comprehensive report on the issue.
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To address emerging threats, the petition seeks an expert committee to spot and control novel mind-altering chemicals and establish recovery and health facilities for dependent individuals.
Alarming Rise In Cases
Drug abuse has reached alarming levels across the country. The petition highlights a 53 per cent rise in drug cases in 2025 alone. Enforcement agencies seized 1,240 tonnes of narcotic substances during the year.
The existing legal framework suffers from a lack of uniform investigation standards and delayed forensic examinations. These systemic flaws often lead to prosecution delays and avoidable acquittals.
The plea references Punjab and other states to demonstrate how drug addiction destroys families. The unchecked spread of narcotics continues to severely damage public health and law and order.
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