Analysis of the Prosecution of Drug Addicts under the NDPS Act: A Victim Justice Perspective

Abstract

Criminals are always viewed as a disgrace to society, a malady to be eradicated or exterminated. The basic concept associated with the term “Criminal” requires reevaluation and needs a victim justice perspective, particularly with drug addicts and drug abusers under the NDPS. It would be remiss if viewing the criminal justice system didn’t necessitate the function of the Prosecution be relooked as well when addressing such victimized offenders. This paper examines the evolving societal perceptions of drug addicts and advocates for a therapeutic approach to find a lasting solution to the issue, rather than enforcing stricter penalties that jeopardize the futures of innocent, victimized addicts without yielding positive results. The prosecution via treatment and the punishment through rehabilitation, aimed at the overarching objective of establishing a poison-free society, is imperative and the central emphasis of this study. The prosecution’s position as a gatekeeper in assessing the qualifying requirements of prospective participants, who are innocent accused, is a crucial aspect addressed by the researchers for the effective functioning of drug courts. The conventional responsibilities of the prosecutor, which include the apprehension and conviction of the accused, are undergoing a transformation towards a rehabilitative paradigm that permits the advocacy for treatment options for individuals suffering from substance addiction. This shift represents progress, as it rewards prosecutors for demonstrating compassion towards the accused rather than engaging in a win-lose dynamic in each case. “Why is it not possible to achieve a mutually beneficial outcome for both the prosecution and the accused?” is the essence of the whole argument presented in this research report.