The Supreme Court's criticism of the Punjab government over the drug menace reveals deeper structural failures in India's drug enforcement architecture. Critically examine.
On 9 May 2026, a Supreme Court Bench led by CJI Surya Kant faulted Punjab for parading arrests of "small peddlers" while "bigger sharks" remain untouched [1]. The remark is less an indictment of one State than a diagnosis: India's drug-control architecture is legally robust but institutionally hollow.
Where the architecture is sound
- Legal spine: the NDPS Act, 1985, with Section 37's stringent bail bar for commercial quantities, leaves few statutory loopholes [2].
- Institutional design: a 4-tier NCORD mechanism and an ANTF headed by an ADG/IG-rank officer in every State/UT provide a ready coordination framework [2].
- Capacity addition: NCB's Amritsar Sub-Zone upgraded to a Zonal Unit, with BSF and RPF empowered under the Act [4].
- External cooperation: bilateral agreements with 27 countries and MoUs with 16 address the transnational supply chain [2].
Structural failures the criticism exposes
- Enforcement selectivity: arrest and conviction volumes measure throughput, not network disruption; Punjab's high conviction rate coexists with an intact Golden Crescent supply line feeding large recurring seizures [1][3].
- Accountability deficit: the CJI's observation that influential traffickers are never touched points to political shielding and publicity-driven policing rather than intelligence-led interdiction [1].
- Implementation gap: NCORD and ANTF exist largely on paper at State level, with weak operational autonomy and thin financial-investigation capacity, so money trails and asset forfeiture are rarely pursued.
- Federal seam: border interdiction is a Union responsibility while inland policing is State — drones and tunnels exploit precisely this gap [2].
- Demand-side neglect: de-addiction and rural youth unemployment remain residual concerns beside seizure targets.
The Court's censure thus reveals a system where the statute outruns the State. Institutionalising financial investigation and forfeiture, insulating ANTFs from political control, reporting kingpin-level outcomes rather than arrest counts, and pairing interdiction with NAPDDR-backed rehabilitation can shift enforcement from optics to outcomes. Anchored in Article 21's promise of a life with dignity, the answer lies not in new law but in credible, accountable implementation.
Sources
- 1The Hindu, "SC criticises Punjab govt. over drug menace" (9 May 2026)CJI Surya Kant's Bench faulting arrest of small peddlers while influential traffickers go untouched
- 2PIB — "Strengthening NDPS Act and Tackling Cross-Border Drug Trafficking"NDPS Act framework, 4-tier NCORD, ANTF at ADG/IG level, 27 bilateral agreements and 16 MoUs
- 3PIB — "Seizure of Narcotics in Punjab"scale of narcotics seizures and NDPS caseload in Punjab
- 4PIB — "NCB Offices in Punjab"Amritsar Sub-Zone upgraded to Zonal Unit; BSF/RPF empowered under NDPS Act