The Supreme Court has issued notice in a writ petition filed under Article 32 of the Constitution seeking directions to the Union of India, State Governments, and authorities to combat the escalating menace of illicit drug trafficking, organized cartels, and substance abuse across the country.

The PIL highlighted an alarming rise in drug addiction, cross-border drone smuggling, and the unchecked proliferation of New Psychoactive Substances (NPS), terming it a threat to national security and fundamental rights under Articles 14, 19, and 21.

Acknowledging the gravity of the pan-India issue, the Bench of Chief Justice Surya Kant, Justice Joymalya Bagchia and Justice V Mohana issued notice in the matter.

Advocate Ashwini Kumar Upadhyay appeared in person.

The petition, filed by AOR Ashwini Kumar Dubey, highlighted an alarming nationwide surge in illicit narcotics cases, cross-border drone smuggling, and the unchecked proliferation of New Psychoactive Substances (NPS). 

The Petitioner highlighted an incident which had occurred on May 08, 2026, in Kapurthala, Punjab, where a mother lost all her five sons due to drug addiction. He also referred to an incident where drug-addict parents sold their infant son for Rs. 1.8 lakhs to purchase drugs. 

Upadhyay submitted, "I read two English newspapers and two Hindi newspapers daily. The problem is one news is very common: "The drug addict kills... kills his father," "Drug addict kills his mother.""

Chief Justice Kant said, "Very serious. Mr. Upadhyay, the problem is very serious...Unfortunately, it is now pan-India. Some of the states are completely in grip, the others are maybe lesser...a little bit fortunate. But then, the way it is spreading in the country... but... but it is, you see, coordinated effort... some solution has to be done by the expert agencies and... those who are involved in law and order machinery."

The petitioner averred that the unchecked nexus between drug syndicates, organized crime, and terror financing severely compromised national security, destroyed families, and directly infringed the Fundamental Rights guaranteed under Articles 14, 19, and 21 of the Constitution of India.

The Petitioner prayed for direction to Centre/States to, "(i) prescribe a mandatory timeline for submission of FSL reports in NDPS cases; (ii) formulate a SOP for search, seizure & sampling in small and intermediate quantity cases; (iii) constitute an Expert Committee for identification and timely scheduling of New Psychoactive Substances; (iv) constitute Special Courts under Sections 36 and 36A, and frame SOP for timebound investigation and speedy trial; (v) establish and operationalize Rehabilitation Centers/Wellness Centers and other programs under Sections 39 and 64A;"

"(vi) implement mandatory digital recording and videography of search, seizure, sampling inventory proceedings; (vii) frame a graded sentencing policy for stringent, proportionate punishment for traffickers and financiers, distinct from addicts and personal-use offenders; (viii) timebound assessment/confiscation of property of traffickers, financiers, and their families under the provisions of NDPS Act, PCA, PMLA, Benami Property Act and Black Money Act", it further prayed.

The plea also said that Bordering districts continue to witness massive drug smuggling by organized networks, including drone-based smuggling. There is a 53% surge in drug cases in 2025.

A total of 1,48,063 cases were registered, and 1,240 tones drug seized, the highest in five years, with cannabis accounting for 51% and opiates for 29% of total seizures (NCB), evidencing the scale and organized nature of the trade. These instances are illustrative, not exhaustive, it added.

The Plea stated, "A further and distinct concern is the rapid proliferation of New Psychoactive Substances ("NPS"), including synthetic opioids such as nitazenes, which are significantly more potent than conventional narcotics and are not consistently or promptly scheduled under the NDPS Act. The absence of a permanent, technically equipped mechanism for identification and timely scheduling of such substances allows them to circulate legally for extended periods before being brought within the regulatory net, defeating the very purpose of the Act. This lacuna is distinct from, and in addition to, the enforcement deficiencies pleaded elsewhere in this petition."

The petitioner placed reliance on settled constitutional jurisprudence, arguing that the right to health, dignity, and life free from narcotics harm forms an intrinsic facet of Article 21. Invoking judgments such as Consumer Education & Research Centre, Parmanand Katara, and Vincent Panikurlangara, the plea asserted that the State owed a positive constitutional obligation under Article 47 to prohibit the non-medicinal consumption of intoxicating drugs and to provide adequate medical-rehabilitative infrastructure for affected citizens.

The Plea also highlighted that there is an absence of stringent standards in regards to investigation, trial, and sentencing of narcotics offences. Despite the NDPS Act, 1985, being in force for over three decades and repeatedly amended, drug abuse and trafficking continue to rise. It was submitted that there are a number of lacunas in the existing framework which lead to its non-enforcement, listed below, albeit non-exhaustively:

a) No time-bound investigation and trial;

b) No uniform Standard Investigation Procedure for narcotics offences;

c) No time-bound forensic examination & certification of seized drugs;

d) No assessment and consistent confiscation of traffickers and financiers to trace properties acquired through proceeds of trafficking, despite the existing framework under Chapter V-A of the NDPS Act, PMLA, the Benami Act, and the Black Money Act;

e) No Stringent Punishment under NDPS Act, 1985;

f) No specialized exclusive courts for NDPS trials in most States

Accordingly, the Court listed the matter for a further date. 

Recently, the Punjab and Haryana High Court has also held that cases involving border-centric drug cartels and commercial quantities of contraband must be examined with heightened circumspection, as such trafficking poses a threat to public health, national security and the socio-economic fabric of society.

Cause Title: Ashwani Kumar Upadhyay v. Union of India and Ors. [Diary No. 44691 of 2026]

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