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Procedural Shortfalls in Narcotics Enforcement: A Judicial Review of Section 103 of the Customs Act, 1962 vis-à-vis the NDPS Act, 1985
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Srinivasan Gopal, IRS
Assistant Director at National Academy of Customs, Indirect Taxes and Narcotics, Palasamudram, Andhra Pradesh, India
Abstract
This article examines the procedural shortcomings in narcotics enforcement, focusing on the use of Section 103 of the Customs Act, 1962 in cases governed by the NDPS Act, 1985. It highlights how failure to comply with mandatory provisions—such as prior intelligence documentation, timely production before a magistrate, and proper medical procedures—can vitiate prosecution and violate constitutional safeguards. Drawing on key judicial decisions, the article underscores the legal obligation of officers to prioritize NDPS procedures over general customs powers when specific intelligence is available, and offers practical recommendations to ensure lawful and effective enforcement.
Keywords
- NDPS Act
- Customs Act
- Procedural Compliance
- Arrest
- Custody
- Detention
- Narcotics Enforcement
- etc.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 3663 - 3684
DOI: https://doij.org/10.10000/IJLMH.1110200Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2021