EVALUATING THE EFFECTIVENESS OF THE NDPS ACT IN COMBATING DRUG TRAFFICKING IN INDIA

AUTHOR – RAHUL KASAUDHAN* & DR. AXITA SHRIVASTAVA**

* LL.M (CRIMINAL LAW) SCHOLAT AT AMITY LAW SCHOOL AMITY UNIVERSITY UTTAR PRADESH LUCKNOW

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL AMITY UNIVERSITY UTTAR PRADESH LUCKNOW

BEST CITATION – RAHUL KASAUDHAN & DR. AXITA SHRIVASTAVA, EVALUATING THE EFFECTIVENESS OF THE NDPS ACT IN COMBATING DRUG TRAFFICKING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 1021-1031, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) was enacted as a stringent legal framework to combat the menace of drug trafficking and substance abuse in India. Over time, however, the Act has been subject to intense legal and public scrutiny for its procedural rigidity, strict liability provisions, and perceived inadequacies in balancing criminal justice with the need for rehabilitation and reform. This dissertation critically analyzes the NDPS Act with a focus on its implementation, procedural safeguards, judicial interpretation, and overall effectiveness in curbing narcotics-related crimes. It delves into the challenges faced by investigating agencies, procedural hurdles such as the reversal of the burden of proof, issues around bail provisions under Section 37, and the effectiveness of sentencing policies. The research also considers the socio-legal impact of the Act on undertrial prisoners, especially marginalized and economically weaker sections who often bear the brunt of its harsh provisions. It further examines how courts have interpreted the provisions of the Act in significant cases, and whether such interpretations strike a balance between deterrence and due process.

The dissertation concludes by suggesting reforms to align the NDPS Act with human rights standards and international best practices, while strengthening the mechanisms to combat drug abuse through a more humane, rehabilitation-centered approach.

KEYWORDS – NDPS Act, drug trafficking, substance abuse, procedural safeguards, burden of proof, Section 37, bail provisions, sentencing policy, undertrial prisoners, marginalized communities, judicial interpretation, criminal justice, rehabilitation, human rights, legal reform, India, narcotics law, socio-legal impact, international best practices.