FORENSIC TOXICOLOGY AND DRUG RELATED CRIME INVESTIGATION: CHALLENGES AND RESPONSES

AUTHOR – MAHALAKSHMI V, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – MAHALAKSHMI V, FORENSIC TOXICOLOGY AND DRUG RELATED CRIME INVESTIGATION: CHALLENGES AND RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 327-337, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Forensic Toxicology became important for drug and poison detection, analysis, and interpretations in the criminal justice system. In modern India, with an increasing number of drug-related crimes ranging from narcotics trafficking, overdoses to drug-facilitated sexual assaults, and a high magnitude of scientific investigations has become an immediate need. Forensic toxicology, thus, helps determine the presence, quantity, and effects of an intoxicating substance in a biological sample, utilizing the latest advances in analytical techniques such as GC-MS (Gas Chromatography – Mass Spectrometry), LC-MS (Liquid Chromatography-Mass Spectrometry), and immunoassays. Yet, integration of toxicological evidence into legal proceedings is surrounded by challenges. Various considerations such as admissibility of evidence, chain of custody, and reliability of testimony by an expert sometimes tend to weigh heavily on the evidentiary value of toxicological reports in a country or state of law. Under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and The Bharatiya Sakshya Adhiniyam (BSA), 2023, such toxicological results are crucial for prosecution; yet, inappropriate procedural measures frequently diminish their probative significance. Also, the onset of synthetic and designer drugs has created newer challenges for forensic labs that are unable to match up with the fast turnaround of scientific innovations. This paper tries to understand forensic toxicology from a scientific and legal perspective in drug-related crimes, especially vis-a-vis the statutory provisions of Indian law and judicial pronouncements, along with comparative analysis drawn from other jurisdictions. It also highlights ethical issues regarding privacy and consent in toxicological testing and investigates requisite policy changes that will firm up forensic infrastructure in India. The study thereby ultimately asserts that the synergy between forensic science and criminal law is necessary for practically and fairly investigating, trying, and punishing in cases of drugs and toxic substances.

Keywords: Forensic Toxicology, Drug-Related Crimes, NDPS Act, Evidentiary Value, Criminal Justice