One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, residing in City A, ordered ten LSD blots through a dark web marketplace. Within two days, law enforcement authorities arrived at his residence for arrest. The crucial aspect of this case was that Mr.X never actually received the contraband package – authorities had intercepted it during transit and replaced it with a dummy package containing only papers.

Despite not physically possessing the drugs, Mr.X was arrested and subsequently imprisoned for 1.5 years. The case highlights the complexities of drug-related offenses in the digital age, where intent to possess and ordering controlled substances online can lead to serious legal consequences even without actual physical possession.

The prosecution’s case was built on digital evidence including online transactions, shipping records, and the intercepted package, demonstrating how authorities track such illegal activities in cyberspace.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Never admit to ordering or purchasing controlled substances without legal counsel present. Digital evidence can be challenged if obtained improperly. Immediately secure all electronic devices and accounts with legal assistance. Understanding the distinction between attempt, conspiracy, and actual possession is crucial for your defense strategy.

Applicable Sections of Law

This case primarily falls under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, along with relevant BNS provisions. Section 61 of BNS covers criminal conspiracy, while Section 62 addresses attempt to commit offenses. Section 303 of BNS deals with theft of electronic communication.

Under BNSS, Section 173 governs search and seizure procedures, and Section 187 covers arrest procedures. The NDPS Act Sections 20, 25, and 29 are particularly relevant for possession, consumption, and trafficking charges respectively.

If You Are the Complainant

• File complaint with Narcotics Control Bureau or local police immediately upon discovering illegal drug activities
• Provide all digital evidence including screenshots, transaction records, and communication logs
• Cooperate fully with investigation agencies while maintaining detailed records of your cooperation
• Ensure proper chain of custody for any physical evidence you may have discovered
• Follow up regularly with investigating officers to monitor case progress and provide additional information if required

If You Are the Victim

• Engage experienced criminal defense lawyer specializing in NDPS cases immediately upon arrest or notice
• Never provide statements or confessions without legal representation present during interrogation
• Challenge the legality of search, seizure, and arrest procedures if conducted improperly
• Apply for bail at the earliest opportunity with proper legal grounds and sureties
• Gather evidence proving lack of actual possession and challenge digital evidence authenticity through cyber forensic experts

How the Police Behave in Such Cases

Police typically conduct thorough digital forensics investigations, examining electronic devices, internet history, and financial transactions. They coordinate with postal authorities and courier services to track packages. Interrogation can be intensive, focusing on procurement methods, supplier networks, and intended distribution. Officers often pressure for information about other buyers or sellers in exchange for leniency considerations.

FAQs People Normally Have

Can I be convicted without physically possessing drugs? Yes, intent to possess and conspiracy charges can lead to conviction based on digital evidence and attempted procurement.

What about entrapment by authorities? If authorities created the dummy package scenario, this could constitute entrapment, which is a valid defense strategy.

How long can investigation take? NDPS cases typically take 6-18 months for investigation completion, depending on complexity and digital evidence analysis.

Can I get bail in such cases? Bail is possible but challenging in NDPS cases, requiring strong legal arguments and reliable sureties.

What Evidence Is Required?

• Digital transaction records and cryptocurrency payment proofs
• Internet browser history and dark web access logs
• Intercepted package contents and chain of custody documentation
• Communication records between buyer and seller
• Chemical analysis reports of seized substances
• Postal service delivery records and tracking information
• Witness testimonies from postal workers and investigating officers

How Long Will the Investigation Take?

NDPS case investigations typically span 6-12 months, though complex cases involving international transactions or multiple suspects can extend to 18 months. Digital evidence analysis, chemical testing, and coordination with international agencies can cause delays. Courts usually grant extensions for thorough investigation in serious drug-related offenses.

Advocate Sudhir Rao, Supreme Court of India