Procedural Shortfalls in Narcotics Enforcement: A Judicial Review of Section 103 of the Customs Act, 1962 vis-à-vis the NDPS Act, 1985
Lead author · Corresponding
Srinivasan Gopal, IRS
Assistant Director at National Academy of Customs, Indirect Taxes and Narcotics, Palasamudram, Andhra Pradesh, India
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DOIhttps://doij.org/10.10000/IJLMH.1110200
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.
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