How can non-compliance with procedure affect an NDPS case like leading to acquittal?
Introduction Drug consumption and the taking of drugs are prohibited under the Narcotic Drugs and Psychotropic Substances Act (NDPS ). Although its seriousness and the non-bailable nature of most crimes under it, procedural non-compliance often allows for bail or even its cancellation . This is because the law imposes strict procedural safeguards, giving proper due process and avoiding misuse of power. A 2022 data story valued the global drug trade at $650 billion, with cocaine and heroin being the most used substances. The less commonly used drugs include cocaine, amphetamine-type stimulants, and hallucinogens. In India, ganja is the most common type of drug, followed by charas. Despite the strict NDPS Act, criminals often get away with their mistakes. The Importance of Procedure Under the NDPS Act The NDPS Act prescribes mandatory provisions under Sections 41, 42, 43, and 50, which are crucial to ensuring fair investigations and trials. These provisions focus on:...