The Supreme Court has issued notices to the Centre and all States on a Public Interest Litigation (PIL) filed by advocate Ashwini Kumar Upadhyay seeking comprehensive measures to tackle drug abuse and trafficking across the country.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana directed that the petition be tagged with a pending suo motu case concerning similar issues.
The PIL seeks several measures to strengthen the investigation and prosecution of offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. These include prescribing a mandatory timeline for submitting forensic science laboratory (FSL) reports, framing standard operating procedures for search, seizure and sampling, and establishing mechanisms for the timely identification and scheduling of new psychotropic substances.
The petition also seeks the establishment of Special Courts under Sections 36 and 36A of the NDPS Act, along with standard operating procedures for time-bound investigations and speedy trials.
During the hearing, Upadhyay highlighted the wider social impact of drug abuse, including addiction, domestic violence, crime, organised trafficking and drug-related road incidents.
The petitioner also sought the establishment of rehabilitation centres and other programmes under Sections 39 and 64A of the NDPS Act. It has further sought mandatory digital recording and videography of search, seizure, sampling and inventory proceedings.
The PIL proposes a graded sentencing policy under which punishment would be proportionate to the nature of the offence, distinguishing between drug traffickers and financiers and those involved in personal consumption or addiction.
During the hearing, Upadhyay referred to Singapore as an example of strict measures against drugs. Justice Bagchi observed that India’s geographical circumstances are different, particularly given its borders with Afghanistan and Myanmar, and noted that coordinated efforts by expert agencies and law enforcement would be necessary to address the drug menace.
The Supreme Court ultimately issued notice to the Union Government and all States and tagged the petition with the pending suo motu proceedings.
Case: Ashwini Kumar Upadhyay v. Union of India & Ors., W.P. (Crl.) No. 288/2026.