Concerning Increase In Drug Abuse Among India's Youth : Supreme Court Sounds Warning

The Supreme Court recently sounded a strong warning about the deepening drug crisis in India, observing that substance abuse has become a grave public health challenge threatening the country's youth and social fabric. Referring to the 2025 World Drug Report by the UN Office on Drugs and Crime, the Court noted that drug use globally has surged to 316 million people and that India too is witnessing a disturbing rise in addiction among young persons. The bench stressed that the State has a constitutional responsibility under Article 47 to combat the crisis and protect vulnerable populations.  

"This Court is of the view that the issue of substance abuse has emerged as a global public health crisis in the twenty-first century, affecting every country worldwide, as drug trafficking and addiction have become pervasive...In India, there has been a concerning increase in drug abuse among the youth. Substance abuse not only affects individuals, families, and communities but also undermines various aspects of health including physical, social, political, cultural foundations, and mental well-being," the Court said.

"According to many news reports, India faces a clear dilemma between tackling the narcotics crisis systematically or sacrificing its most valuable resource i.e. its young people," the Court added. It referred to an article titled "The lingering menace of drug abuse among the Indian youth – it's time for action" written by Bhattacharya S, Menon GS, Garg S, Grover A, Saleem SM, Kushwaha P and published in the Indian J Community Med on 17th April, 2025

These observations came as the Court set aside the bail granted to an accused from whom 731.075 kilograms of ganja worth about ₹2.91 crore was allegedly seized, holding that the Andhra High Court erred in relaxing the mandatory requirements of Section 37 of the NDPS Act. The Court directed the accused to surrender within two weeks. 

A bench of Justice Manmohan and Justice N.V. Anjaria referred to research published in Indian Journal of Community Medicine in April 2025 documenting the escalating substance abuse problem among Indian youth and noted that news reports have repeatedly highlighted the national dilemma of either tackling the crisis head-on or risking the loss of an entire generation. The bench also cited its earlier ruling in Ankush Vipan Kapoor v. NIA, emphasizing that the drug trade poses a severe threat to public health, family structures, and even national security.

Against this backdrop, the Court held that bail in commercial quantity cases cannot be granted without strict compliance with Section 37. The Union of India(NCB) had challenged the Andhra Pradesh High Court's order of March 11, 2025, which granted bail on the grounds of completed investigation, delayed trial, and an undertaking by the accused's brother, a sepoy in the Indian Army, assuring the accused's presence. 

The Additional Solicitor General argued that the High Court failed to record the mandatory twin satisfaction under Section 37 that the accused was not prima facie guilty and would not commit an offence while on bail. The bench accepted the submission and reiterated the principle laid down in Narcotics Control Bureau v. Kashif that negation of bail is the rule in NDPS cases involving commercial quantity. 

The Court further noted that the allegations indicated organised trafficking, including fabrication of concealed cavities beneath the trailer to transport the contraband. In such circumstances, the custody period of one year and four months could not be considered unreasonably long given that the offences carry a minimum of ten years imprisonment.

The bench also rejected the respondent's submission that his accused is a Sepoy in the Indian Army, who can give an undertaking for his presence.  If the Respondent were to abscond, his brother cannot be sent to prison, the Court said, adding, "In India, the alleged sins of an accused cannot be visited on his brother or other family members."

Allowing the appeal, the Supreme Court restored custody and set aside the High Court's order granting bail.  

Case : UNION OF INDIA v. NAMDEO ASHRUBA NAKADE