Kerala is on edge. The rise in incidents of drug abuse and related crimes has become a state issue, sparking discussions, debates and calls for action.
Yet, there remains a general lack of clarity on the laws that are aimed at curbing the menace that is sparing none, be it celebrities, other professionals and, more worryingly, the youth of Kerala.
The Narcotic Drugs and Psychotropic Substances (NDPS) Act deals with all drug-related offences and imposes stringent penalties and punishments on those caught on its wrong side. All aspects, including drug production, manufacture, possession, sale and purchase are treated as serious offences and dealt with strictly.
The severity of the punishment varies depending on the nature of the offence, and in most cases, is determined based on the quantity of the contraband seized. The quantity is classified as small, intermediate and commercial, the latter attracting the heaviest of penalties and strictest of punishments.
That’s not all. Under the NDPS Act, abetment, criminal conspiracy or even an attempt to commit a drug-related offence carries the same punishment as the offence itself.
“Every step — right from receiving information about the contraband to inspection, seizure, arrest, and eventual punishment after trial, is meticulously laid out in the NDPS Act. If a respective officer strictly follows procedure, the accused is bound to face the full force of the law,” says advocate Sekhar G Thampi.
“Even preparing to commit an offence attracts half of the total quantum of punishment,” he explains. “For repeat offenders in cases involving the seizure of commercial quantity drugs, the penalty can go up to one-and-a-half times the standard or even capital punishment,” explains Suresh M F, assistant excise commissioner of Ernakulam.
In small quantity cases, says Thiruvananthapuram rural district police chief K S Sudarsan, the accused is often slapped with a fine. “In many instances, bail can be granted at the police station itself. In a majority of such cases, we ensure the accused signs a bond pledging not to repeat the offence,” he says.
For a previously convicted individual found involved in a narcotic offence again, the consequences are worse. The action taken includes cancellation of bail, the invoking of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT NDPS) Act, imprisonment without trial, seizure of property, and other stringent steps, Sudarsan says.
In most cases, the origin could be a tip-off, often anonymous or intelligence inputs. “We then track and apprehend suspects and seize the drugs. The seized material is sealed in the presence of a gazetted officer,” explains S Syamsundar, inspector general of police (South Zone).
“The record of the seizure or mahazar is prepared and a case is registered based on the quantity of drugs involved. The suspect is arrested and produced before the court. “The samples are sent for testing, and the trial proceeds based on the findings and charges,” he adds.
Story in numbers
Kerala recorded 27,701 NDPS cases in 2024, three times the number of cases recorded in Punjab (9,025), which is considered the hub of drug trade and drug abuse in India. Also, as per reports, Kerala has the highest rate of drug-related cases in India in 2024 — 78 cases per lakh people. Punjab’s is 30.
The state also registered 87,101 drug-related cases in the past four years. This is a 130 per cent hike compared to the previous four-year period. The numbers certainly paint a bleak picture.
Highest conviction rate
At the same time, conviction is drug offences is much higher in Kerala than in other states, IG Syamsundar says. “Proving the effectiveness of the coordinated efforts between Kerala police and the excise department, conviction rate of NDPS cases in Kerala is high when it comes to commercial quantity drug cases.”
Excise Minister M B Rajesh echoed similar sentiments in the Kerala Assembly. According to him, the state had a 98.34% conviction rate in 2023 and a 96.5% conviction rate in 2024, well above the national average of 75%.
Despite the high conviction rate, certain loopholes and grey areas exist in the Act, which is often exploited by traffickers and users.
A top police source, speaking on condition of anonymity, says, “One of the main reasons for the rise in repeat offenders is the lack of enhanced penalties. In many cases, individuals get caught with intermediate quantities and even those with prior convictions receive similar punishments. There is a pressing need to strengthen the law by increasing the minimum imprisonment for such offences to at least three to five years.”
He adds that only stricter punishments and robust enforcement can instil real fear in those inclined towards drug abuse or trafficking.
Is the punishment adequate?
This sharp rise in drug abuse and trafficking, particularly involving minors and repeat offenders, raises a critical question: Are the current punishments and fines under the NDPS Act sufficient to deter individuals from engaging in drug-related activities?
“One of the key setbacks is the lack of dedicated and special courts to handle NDPS cases,” says V Ashish, superintendent in charge of Ernakulam district jail.
“Due to this, trials are delayed and accused individuals are held in custody for extended periods. However, as per the law, an individual cannot be imprisoned indefinitely without trial or sentencing, which results in bail being granted,” he adds.
According to him, nearly all jails in Kerala are overcrowded, and a significant portion of the inmates are those charged under the NDPS Act. “Among them, those involved in cases of small or intermediate quantities of narcotics often secure bail and are released.”
Under the NDPS Act, Adv Sekhar adds, the chargesheet must be filed within 180 days. If the law-enforcing bodies fail to do so, the accused walks out of jail. “In around 99 per cent of cases, the chargesheet is submitted within 90 days, but exceptions do occur,” he adds.
He also points out that detaining an accused for more than 10 months without trial or conviction is considered a violation of the law. “Because bail is the rule and jail is an exception. However, repeated offenders do not usually benefit from this leniency,” he adds.
While Kerala boasts of such high conviction rates, drug abuse in society seems to be only increasing. “Most young people don’t seem to fear the consequences, and many of them believe these charges aren’t serious,” says M V Nishad, Kerala Police Officers Association (KPOA) Ernakulam district secretary.
“For example, if someone is caught with a small quantity of narcotics, they often get released on station bail. When others see this, they get the impression that drug cases aren’t a big deal,” Nishad explains.
He adds that there is a growing reluctance among the public to report the details of drug abusers in their neighbourhoods. “There’s fear that revealing such information might endanger their life if their identities are leaked. This needs to change. Every individual in the community should stand with law enforcement and excise officials in combating the drug menace,” he says.
For that, he says, there should be more community-based movements. “From Kudumbashree units to every individual at the ward level, everyone must be actively involved in raising awareness and participating in efforts to curb drug abuse, without fear,” he says.
What about the children
The rising involvement of children, especially minors, as both users and carriers of narcotics is an alarming trend.
Minors benefit from provisions that focus on reform in the law. K V Manoj Kumar, the chairperson of the Kerala State Commission for Protection of Child Rights, says, “In many of these cases, only a small percentage of the children are actual instigators; the rest are often dragged into it due to peer pressure.”
Adding to this, Aju R V, the superintendent of the Borstal School in Ernakulam, highlights a rising trend in drug-related offences among adolescents aged 18 to 21. “Among our inmates, approximately 20 to 30 per cent are facing NDPS charges. There are also more repeat offenders. While some are the primary accused, a significant number are facing punishments for playing supportive roles in narcotic activities,” he explains.
Rather than being subjected to harsh punishments, offenders should be thoroughly reformed through counselling and medication, Manoj adds. “Harsh punishments won’t lead to a change. Just like the quality of ink defines the clarity of writing, counselling and treatment will shape the future of these children,” he says.