The Bombay High Court has described drug addiction as a “quasi pandemic,” urging law enforcement to strike a balance between combating narcotics and upholding individual freedoms. The court emphasized the need for procedural accuracy in drug-related cases, warning against the mechanical rejection of bail applications, which could lead to wrongful detentions.
Justice Milind Jadhav highlighted the importance of adhering to due process under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, cautioning that sweeping denials of bail risk imprisoning innocent individuals indefinitely. “Drug traffickers must be dealt with firmly, but not at the expense of personal liberty,” the judge remarked.
The case involved four medical representatives arrested for allegedly trafficking large quantities of controlled substances, including Codeine Phosphate syrup and Alprazolam tablets. Their defense pointed to procedural lapses, including the absence of crucial documentation.
In response to the growing number of NDPS acquittals due to investigative irregularities, Justice Jadhav referred to a directive from the Bureau of Police Research and Development (BPRD), which advocates the use of a standardized FIR format. The model FIR, introduced in November 2024, is designed to rectify procedural flaws by establishing clear investigative protocols, ensuring compliance with legal requirements, and providing step-by-step guidelines for officers handling narcotics cases.
The court has now directed law enforcement agencies across Maharashtra to implement these standardized procedures, underscoring the necessity of procedural diligence to prevent wrongful arrests. “Liberty is too precious to be compromised by flawed investigations,” the court asserted, adding that proper legal training for officers is critical to ensuring justice.
