Supreme Law News

Drug net of police & DRI turning into death trap for innocent people

The recent case of Madhya Pradesh Police, reported from Bhopal, has once again brought to the fore the growing menace of innocent people falsely implicated in drug cases and real criminals going free and the growing net of drugs all over India, without any hinderance.

In a major setback to Madhya Pradesh Police, the central forensic science laboratory in Delhi has said that there were no narcotics in the 'MDMA drugs' seized by Gwalior police last year that led to the arrest and detention of an individual.

This is the second blow to the state police in the case. In April 2023, the Madhya Pradesh high court had ordered the DGP to pay Rs 10 lakh compensation to the accused, Rohit Tiwari, for wrongful confinement. Tiwari was arrested on September 6, 2022, by Morar Police under the NDPS and Arms Acts.

The prosecution claimed that Tiwari was arrested by SI Sumitra Tigga and her team on specific information about contraband and that the cops had seized "720 gms of 'MDMA', two pistols and bullets" from them.

The sample was sent to the central forensic science laboratory, Bhopal, which said there was no MDMA and that the powder was urea. Tiwari's counsel said that he was falsely implicated and had been in custody since his arrest. The high court granted him interim bail for two months.

The counsel then sought compensation for Tiwari for violation of his personal liberty due to the police's wrongdoing. The Gwalior bench of the high court ordered that Tiwari be released on bail and ordered the DGP to pay Rs 10 lakh compensation to him within two months for wrongful confinement.

The high court instructed the DGP's subordinate officers not to repeat such an irregularity in the future. "The DGP is free to recover the amount from the erring officials," the high court said.After the high court ordered compensation, police sent seven more samples to the central forensic science laboratory in Delhi. The report was received on Friday and has been submitted in court. Sources say that the Delhi lab has not found any drugs in the samples.

Recently, on individual level I am privy to many such cases, where court verdict is being awaited and hence it's not mentioned here but report received from FSL, in other such samples sized by police and even by Directorate of Revenue Intelligence, a govt of India body, are claimed to be negative.

Hence, question here is how to stop this police and agency excesses being committed on innocent and hapless citizens. In my views the following measures if implemented can provide some relief.

Raise Awareness: Encourage media coverage to highlight cases where innocent individuals are wrongly implicated. This can raise public awareness and put pressure on authorities to address the issue. Social media platforms can also be effective tools to share information and garner public support.

Strengthen Oversight: Advocate for independent oversight bodies to monitor police activities and investigate allegations of misconduct. These bodies should have the authority to hold law enforcement accountable for any abuses of power.

Legal Reforms: Advocate for reforms in laws related to drug offenses to ensure that they are clear, specific, and based on scientific evidence. Ambiguities in laws can lead to wrongful arrests.

Training and Sensitization: Ensure that law enforcement officers receive training on proper investigation procedures, including the use of scientific methods for identifying substances. Sensitize them to the potential consequences of wrongful arrests.

Body Cameras and Evidence: Encourage the use of body cameras by law enforcement officers during operations. This can provide an objective record of events and help in assessing the validity of arrests. Emphasize the importance of collecting and preserving evidence properly, ensuring it is subjected to rigorous analysis before making arrests.

Legal Aid and Support: Strengthen legal aid services for those who are wrongly accused. Support organizations that provide legal assistance to individuals caught up in such cases.

Public Pressure and Advocacy: Mobilize public opinion against wrongful arrests. Advocate for changes in policies and procedures through public campaigns, petitions, and engagement with policymakers.

Remember that addressing systemic issues requires a multi-pronged approach involving legal, social, and policy changes. Engaging with civil society, legal experts, and policymakers can help in bringing about meaningful reforms.

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For further details contact:

Dr. Ajay Kummar Pandey

( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant Supreme Court of India, High Courts & Tribunals.