The Uttarakhand High Court recently highlighted the serious issue of drug trafficking, calling it part of a broader scheme by hostile forces aiming to destabilize India. Justice Vivek Bharti Sharma noted that drug cartels have extensive international networks and support from disruptive entities.
“It is evident that India faces a major challenge with illicit drug trafficking. These cartels have global connections and support from forces that wish to harm the country. It is widely known that these destabilizing forces are using drug trafficking to attempt to balkanize India,” the Court remarked.
The Court also pointed out that drug traffickers are increasingly using advanced technologies, such as the darknet and drones, to evade law enforcement. Despite these challenges, the Court criticized the handling of investigations under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, describing them as unprofessional and flawed.
“Faulty investigations often lead to the acquittal of individuals in serious drug-related offenses. This is not only unfortunate but dangerous, as it emboldens the acquitted and undermines the deterrent effect of the law,” the Court observed.
To address these issues, the Court recommended that police investigators receive regular refresher training. These comments were made during a bail hearing for a man convicted under the NDPS Act and sentenced to five years of rigorous imprisonment. The defense argued that there were significant inconsistencies and failures in the trial, including the absence of key evidence and witness testimonies.
The State’s counsel opposed the bail application but admitted that crucial witnesses were not included and no efforts were made to summon them. The Court criticized both the Investigating Officer and the prosecution for their failures and granted bail to the appellant, emphasizing the need for careful and thorough investigations in drug cases.
The Court directed that its order be shared with all courts in Uttarakhand and incorporated into judicial training programs. It also instructed district judges to discuss these observations in their monthly meetings. Additionally, a copy of the order was to be sent to the Director General of Police, Uttarakhand, to ensure that all officers involved in drug-related investigations receive proper training.
The case will be reviewed again on December 17.
