The Madras High Court has emphasized the need for structural reforms in investigation, data integration, inter-agency coordination, and institutional capacity to effectively achieve the objectives of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Justice B Pugalendhi observed that without such reforms, the purpose of the Act cannot be fully realized. The court suggested that investigations under the NDPS Act should mandatorily include a financial investigation into the proceeds of crime.
Rising Cases in Tamil Nadu
Justice Pugalendhi noted that in the past 10 years, at least 12,000 cases under the NDPS Act were reported in the Madurai, Theni, and Dindigul districts alone. More than 50% of the cases from Tamil Nadu originate from these three districts. The court took note of submissions that while ganja cultivation has stopped in Tamil Nadu, the same accused individuals are continuing cultivation by leasing land in other states such as Andhra Pradesh, Telangana, and Odisha, and transporting the produce back to Tamil Nadu.
Underutilized Legal Provisions
The NDPS Act, under Chapter V-A, provides a comprehensive framework for identifying, tracing, attaching, and forfeiting illegally acquired property. Despite this robust statutory framework, the court observed that these provisions are seldom invoked in practice. This omission defeats the very object of the enactment. Therefore, the judge suggested that investigations in all NDPS cases must include financial investigation into the proceeds of crime and the forfeiture of illegally acquired properties under Chapter V-A, and should not be limited to seizure and arrest.
Strengthening Law Enforcement
The judge directed the Director General of Police to issue comprehensive standing instructions mandating financial profiling of accused persons, systematic asset tracing, and effective coordination with banks and financial institutions. The state was also advised to strengthen specialized agencies such as the NIB-CID by filling vacancies on a priority basis, augmenting sanctioned strength commensurate with workload, and ensuring adequately equipped functional units across districts and major urban centers.
Inter-State Coordination and Monitoring
A structured coordination mechanism should be developed with Village Administrative Officers (VAOs) in Madurai, Theni, and Dindigul districts concerning accused persons from these districts but residing in Andhra Pradesh, Telangana, and Odisha. Every case registered under the NDPS Act by any police station should be automatically and contemporaneously reflected in the Crime and Criminal Tracking Network and Systems (CCTNS) and brought to the notice of the jurisdictional NIB-CID unit. This will ensure coordinated monitoring, intelligence sharing, and appropriate intervention. Law enforcement agencies in the state should strengthen inter-state coordination with agencies of neighboring and source states through structured intelligence-sharing mechanisms. They should also enhance surveillance and interception, particularly along transit routes, including railway corridors.
