Procedural Shortfalls in Narcotics Enforcement: A Judicial Review of Section 103 of the Customs Act, 1962 vis-à-vis the NDPS Act, 1985

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.