Cases tried under NDPS Act must include financial probe: HC

Madurai: Unless structural reforms are introduced in investigation, data integration, inter-agency coordination and institutional capacity, the object of the NDPS Act cannot be effectively achieved, Madras high court observed while suggesting that investigation in cases under the Act should mandatorily include financial investigation into the proceeds of crime.Justice B Pugalendhi observed that not less than 12,000 cases filed under the NDPS Act were reported in the past 10 years in Madurai, Theni and Dindigul districts alone. Approximately more than 50% of the cases being reported from Tamil Nadu are arising out of these three districts. The judge took note of the submissions made by the state that though the cultivation of ganja has stopped in Tamil Nadu, cultivation of the same is being continued by the same accused by taking lands on lease in other states such as Andhra Pradesh, Telangana and Odisha and are transporting the same into Tamil Nadu.The NDPS Act, under Chapter V-A, provides a comprehensive framework for identification, tracing, attachment and forfeiture of illegally acquired property. Despite this robust statutory framework, it is evident that these provisions are seldom invoked in practice. The court is constrained to observe that such omission defeats the very object of the enactment. Hence, the judge suggested that the investigation in all cases under the NDPS Act shall mandatorily include financial investigation into the proceeds of crime and the forfeiture of illegally acquired properties under Chapter V-A of the NDPS Act, and shall not be confined merely to seizure and arrest. The director general of police shall issue comprehensive standing instructions mandating financial profiling of accused persons, systematic asset tracing and effective coordination with banks and financial institutions, the judge observed.The judge observed that the state shall strengthen specialised agencies such as NIB-CID by filling vacancies on priority, augmenting sanctioned strength commensurate with workload and ensuring that adequately equipped and functional units are established across districts and major urban centres. A structured coordination mechanism shall be developed with the VAOs in the districts of Madurai, Theni and Dindigul in respect of accused persons hailing from these districts but residing in Andhra Pradesh, Telangana and Odisha. The judge observed that every case registered under the NDPS Act by any police station shall be automatically and contemporaneously reflected in the CCTNS system and brought to the notice of the jurisdictional NIB-CID unit, so as to ensure coordinated monitoring, intelligence sharing and appropriate intervention. The law enforcement agencies in the state shall strengthen inter-state coordination with law enforcement agencies of neighbouring and source states through structured intelligence-sharing mechanisms, and shall also enhance surveillance and interception, particularly along transit routes, including railway corridors.
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