Himachal Pradesh Anti-Drug Bill to have stringent bail conditions, address loopholes in NDPS Act

Sources involved in drafting the bill told The Indian Express, “Without altering the basic spirit of the Narcotic Drugs & Psychotropic Substances (NDPS) Act, 1985, we aim to make the seizure of contraband and the conditions for securing bail more stringent. Alleged peddlers arrested with small quantities of drugs are more likely to secure bail than those caught with commercial quantities. Interestingly, investigations of hundreds of cases under the NDPS Act suggest that peddlers have deliberately begun carrying substances in small quantities to exploit legal loopholes.”

The sources added, “Another key aspect of the HP Anti-Drug Bill, 2025, will pertain to the seizure of properties belonging to suspects arrested for drug peddling. Under current rules, a drug peddler’s property can only be confiscated if they are caught with a commercial quantity of contraband. However, most of the Superintendents of Police (SPs) from the state’s 15 police districts have advocated for allowing the seizure of properties even in cases involving intermediate quantities of drugs, particularly heroin (chitta), as part of stricter measures.”

Between January 1, 2024, and February 25, 2025, at least 2,210 cases under the NDPS Act were registered, resulting in the arrest of 2,921 suspects, including 131 women. The seized contraband included approximately 13.026 kg of heroin (chitta), 405.004 kg of charas, and around 36,120 prescription tablets obtained without valid prescriptions.

Sanjeev Gandhi, Superintendent of Police, Shimla, said, “The NDPS Act, 1985, was enacted in line with the principles of stringency and deterrence outlined in international covenants. However, the investigation procedures are complex, and tackling these cases is challenging. Strict procedural compliance is a prerequisite. The punishments under Section 31 of the NDPS Act are severe, even allowing for the death penalty. Yet, the quantity-based mechanism remains a weak point, inadvertently benefiting drug traffickers. Retail markets for drugs have emerged as traffickers exploit this system. Over 90 per cent of offenders are released on bail, and once out, they resume their illicit trade, perpetuating the cycle of drug abuse.”

He added, “Our primary concern is heroin (chitta), where the NDPS Act defines small quantities as up to 5 grams and commercial quantities as 250 grams or more. Seizures falling between these amounts are categorised as intermediate quantities. I strongly believe stringent measures should apply to suspects caught with intermediate quantities of heroin.”

Meanwhile, Yash Pal Singh Dhaulta, Additional Advocate General, told The Indian Express, “Law and order fall under the State List, giving the Himachal Pradesh government the authority to formulate its own laws without disrupting existing national laws. It is clear that the state is facing a serious drug crisis. In my view, as neighbouring states like Punjab and Haryana have intensified their crackdowns on drug traffickers, many offenders have shifted their operations to Himachal Pradesh. We must respond with strict action.”

On January 11, Sukhu revealed during a regional conference on ‘Drug Trafficking and National Security’ that Himachal Pradesh witnessed a 340 per cent rise in cases under the NDPS Act from 2012 to 2024. Additionally, the percentage of cases involving heroin seizures doubled from 29 per cent to 50 per cent during this period. Since last year, the Himachal Pradesh Police have also begun invoking the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT-NDPS) Act, which had remained largely unused in the past. This act allows for the detention of repeat offenders involved in drug trafficking.

Shalini Agnihotri, Superintendent of Police, Kangra, said, “Indeed, stringent bail conditions and confiscation of properties involved in the drug trafficking is the need of the hour, we also need to work on the… establishment of well-equipped de-addiction centres also in the state. There is a need to increase the capacity of inmates in the prisons also.”