No Tolerance Against NDPS Cases

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substances.

Recently the Orrisa HC has opinionated that cases against the NDPS act must be dealt with “No tolerance”. Justice S.K Panigrahi on an issue of granting bail to an accused on the ground of parity vocalized that the number of crimes under the said act has risen, even after strict provisions being exercised in the last decade.

The order disposing of the bail application starts with the following quote of Dr. Oche Otorkpa: “Drug addiction is like a curse and until it is broken, it’s victims will perpetually remain in the shackles of bondage. The Court conclusively remarked that the case in hand typifies this alarming trend.

It further asserted that the cases as per the status quo need to be essentially dealt in a “hard on crime” attitude since such abuse is enormous to a paramount where it poses threat to the social fabric of the entire country. The Court of law also regarded the lack of uniform sampling procedures adds to the overall inconsistency in sentencing for drug cases, more especially in pharmaceutical drugs like cough syrup containing Codeine Phosphate.

Justice Panigrahi disposed the bail application, affirming that there are deterrent procedures, yet the application has not resulted in high punishments. Hence, the Court emphasizes the factors concerning the conviction rate of such crimes.