New Delhi: The Narcotics Control Bureau (NCB) and Bureau of Police Research and Development (BPRD) are preparing a model first information report (FIR) and drafting standard operating protocols (SOPs) that will be followed while dealing with drug cases across the country, people aware of the developments said.
The need to standardise the process arose due to lack of compliance of basic rules by police while handling such cases, leading to low rate of conviction. Once completed, the model FIR and SOPs will be submitted to the home ministry, which will forward it to chief secretaries across the country for reference, the people cited above said.
The developments come at a time when the Narendra Modi-led government seeks to build a drug-free country by 2047 and has intensified its crackdown on drug dealers and networks. The Centre has urged all states and probe agencies to continue taking strong action, and has also empowered the NCB by creating more posts, increasing its strength and opening more zonal offices in areas reporting a high number of such cases.
The process to formulate a model FIR and SOPs was undertaken by a committee of five experts from the NCB and BPRD, on the directions of the Parliamentary Standing Committee on Home Affairs last year. The model FIR and SOPs will serve as a guide for probing police officials on what needs to be taken into account while dealing with such cases under the Narcotic Drugs and Psychotropic Substances Act, one of the persons cited above said.
“The meetings of the five-member committee are being held regularly. The experts will submit the format, which will have a list of must-haves (on evidence, mandatory sections to be used, investigation format and time period) in each FIR related to seizure of drugs. The committee has consulted and taken views from all forces that are engaged in anti-narcotics operations. It will be submitted soon,” the person said on condition of anonymity.
“The task was assigned by department-related Parliamentary Standing Committee on Home Affairs last year. It was initiated to ensure that all drug-related cases are probed properly and paperwork is done completely to ensure better conviction rates. Many times, police do not have the bandwidth to probe such cases and the accused take advantage of the loopholes in the registration and probe of the case during trial,” the person added.
The expert committee comprises senior officials from NCB, BPRD and Delhi Police.
Senior advocate and retired Delhi Police deputy commissioner LN Rao explained the importance of having such SOPs and following due procedure while dealing with drug cases.
“There are many processes that investigating officers have to comply with, else it will affect the case during trial. For example, 90% of drug recoveries are based on secret inputs. The law says that when such an information is received, the person should inform his/her senior officer in writing before proceeding with the probe. Many police officers, who do not know the process, miss this important step and this affects the case,” Rao said.
“Another important step that police tend to forget is recovering drugs from an accused in the absence of a magistrate or a gazetted officer. These are just the basic things that police do not follow, which results in courts turning down cases for not following the due procedure,” he added.
