Punjab push to nab drug lords before crime a step in right direction

PITNDSPA provides for detention in certain cases to prevent illicit traffic in narcotic drugs and psychotropic substances ( NDPS ). Remedy comes in action before the occurrence of crimes.

PITNDSPA empowers governments to take persons in custody to prevent their engagement in illicit smuggling of NDPS. Such detention orders by the government are tested by a Advisory Board at in-camera proceedings to ensure protections guaranteed under Article 22 of the Constitution to prevent the abuse of unbridled powers.

Under PITNDSPA, drug lords or peddlers under surveillance can be apprehended and detained without drug recoveries. Arming police with effective investigative powers leading to detention, may cut into planning of drug caucus mafias. This will also help in crushing the nexus between drug cartels and terrorists.

The Community Medicine Department PGIMER had revealed 3 million drug abusers in Punjab . Addicts turn into peddlers, juveniles become carriers and uniformed men abet distribution networks, multiplying drug users .“ Chitta” , a synthetic drug made from heroin has become a household name in the state. A porous border facilitates drug routes from Afghanistan through institutionalised corruption channels.

PITNDSPA in motion will be laudable The opening batsman will have to prepare the pitch and get teams ready. Justice Hasnain faces a Herculean task. Punjab is yet to mobilise a preventive detention machinery. Policemen need to be trained. Engaging Punjab police to record sufficient causes for detention to be adjudged by judicial wisdom of Justice Hasnain will need the oversight of senior police personnel. Age old ad hoc unreorded practices of detention will need to be overhauled.

Constitutional protections enshrined in PITNDSPA empowering preventive detention ranging from three to six months and up to 2 years must withstand the judicial scrutiny of Justice Hasnain.

The malaise of human trafficking can also be remedied if the Government is empowered to detain such ‘travel agents’ and an Advisory Board is statutorily available to oversee such human smugglers.

Law enforcers must work in tandem with National Investigative Agency and use technology to effectively prevent drug smuggling and human trafficking. Only then will the ends justify the means.

(The author is an Advocate who espouses public causes http://www.AnilMalhotra.co.in)