In a candid conversation, Narcotics Control Bureau (NCB) Director General Satya Narayan Pradhan told Group Editorial Director Raj Chengappa about his agency’s decision not to level charges against Aryan Khan and the need for reforms in the system. Part:
Why. After so many high-profile arrests, why did NCB drop charges against Aryan Khan and five others?
Essentially, there must be direct criminal liability, we cannot create liabilities without physical and corroborative evidence. Already, courts have been very strong on rebound in cases where liability is constructed out of thin air and some speculative aspects creep into the investigation. We didn’t want any speculative aspect, we wanted every evidence, every allegation, evidence anchored in solid evidence. We extend this to the principle underlined by the Supreme Court that the evidence is beyond reasonable doubt. Those six including Aryan Khan could not be chargesheeted as there was no evidence beyond reasonable doubt to charge them. Nor was there any possibility of linking it to any physical or corroborative evidence.
Why. What convinced you to take this step?
It was a combination of professionalism and legal principles, not an emotional judgment. If NCB doesn’t set standards and limits for the care of victims, no one will. I was clear that even if we had to criticize the NCB’s decision, it would be worth it, because at least we would be on the straight and narrow path of legal principles.
Worryingly, we are now manufacturing drugs in India at an unprecedented scale, including a mix of synthetic drugs.
Why. Has this episode brought a blow to the reputation of NCB?
Curriculum revamping is imperative if you have to bring back a modest bit of professionalism to an organization. If there were no names involved, the case of Mumbai would have been normal. We have not come here to hear small matters. We should not go here and there to catch the paanwala peddlers. Our job is to catch big fish like cartels which operate pan India or even international cartels. Therefore, I have issued orders that NCB should avoid petty matters and focus only on big cartels and peddlers.
Why. Do we need to revisit the NDPS Act, which treats consumers as criminals rather than addicts in need of medical help?
Serious consideration is being taken at the highest level to reform the NDPS Act. So far, I can only share that there is broad agreement that something must be done to make consumption free of crime. But the general consensus is a bit finicky, so there are differing opinions about it. It needs to be decriminalized because of the cultural and medical issues involved. NCB’s stand is that it should be a graded response, where at least some case should be registered and there should be a graded warning instead of total decriminalisation. A roadmap should also be prepared, which may include setting up a pan-India rehabilitation network.
Why. What is the bigger lesson of Aryan Khan case for NCB and other stakeholders?
There are lessons on both sides for drug consumers and those witnessing the so-called crime of drug abuse or peddling. First, I would say, there is a need for universal recognition by parents, teachers and guardians that drugs are more common than we admit. And this [the menace] spreading at sea speed. Parents across India may not know what is happening to their children when it comes to drug exposure and consumption. It is a matter of concern that now we are mixing synthetic drugs to manufacture medicines on an unprecedented scale in India. When you have 80 to 100 million drug addicts or potential drug addicts, we have a cancer problem and something must be done about it. The first step is at the societal level, becoming aware of and recognizing the problem.
Why. What changes need to be made in the way agencies like NCB handle such cases?
Having a strict NDPS law doubles our responsibility. Because if your investigation is not professional then you can put innocent people in jail. You can do serious harm to a lot of people’s lives, as most of the people arrested will be in their 20s or 30s or so. Therefore, we need to upgrade our investigation procedures and rigor, otherwise we are harming our own mandate and society.
Why. Are state police organizations ready to handle drug cases?
Investigation of narcotics is not the priority of the state police as of now. They have enough excuses to say that they do not have enough time to deal with law and order and the ordinary crimes of murder and dacoity. The time has come for the state police to mainstream the fight against narcotics as it is the mother of all crime – money comes from here, even with the economics of arms smuggling and smuggling drugs to humans. fed through. I have no hesitation in saying that the state police and agencies dedicated to the investigation of narcotics are probably not sufficiently trained or conducive enough to handle these cases professionally. And this is a matter of serious concern.