In a major step to curb the rising misuse of courier and parcel services for drug trafficking, District Magistrate Jammu, has issued a stringent order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, directing all courier, logistics, and parcel companies operating in the district to implement strict verification measures and comply with NDPS Act provisions.
The Jammu and Kashmir government is already acting tough on narcotics cases, implementing a "zero-tolerance" policy through rigorous law enforcement, the establishment of special courts, and the targeting of narco-terror networks. In what can be seen as stringent law enforcement, J&K Police have intensified operations, leading to significant arrests and the registration of numerous cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. In 2024 alone, around 1,514 cases were registered and 2,260 persons arrested.
Authorities are focusing on dismantling entire drug syndicates by conducting financial investigations to trace forward and backward linkages. This has resulted in the identification and attachment of properties and vehicles belonging to accused individuals.However, this order issued by DM Jammu is being seen as further caution adopted by the administration in Jammu region which can help check the menace. It assumes significance also in the wake of the fact that it has been reported that courier companies and parcel services are increasingly being misused for transportation of contraband substances, including narcotic drugs and psychotropic substances, camouflaged as ordinary consignments.
Such acts constitute grave offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), punishable under Sections 8, 21, 22, 23, 25 and 29, among others; and Section 25 of the NDPS Act provides that whoever, being the owner, occupier, or having the control of any conveyance, knowingly permits it to be used for the commission of an offence under this Act, shall be punishable in the same manner as if he had committed such offence himself.Under the NDPS Rules, 1985, especially Rule 52F, transport of essential narcotic drugs by post or courier is regulated, including declarations by consignor/consignee, license number disclosures, and maintaining records.
Whereas, in M/S Dart Air Services Pvt. Ltd v/s Commissioner of Customs, the Delhi High Court held that courier agencies are under a legal duty to exercise due diligence to detect and report suspicious consignments, and courier operators may be penalized for failing to do so. Pertinently, Punjab & Haryana High Court has explicitly held that managers, owners, directors etc. of courier companies shall be held liable under the NDPS Act if their service is used for transporting narcotics, and directed that detection mechanisms/kits be used.
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