Diplomat Correspondent
Jammu: DD, 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.
An order issued by DM Jammu, as per news agency Kashmir News Corner — KNC, Whereas, 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; and Whereas, 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 Whereas, 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.
Whereas, 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 and Whereas, the 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, it reads.
Order further reads, Now, therefore, in exercise of the powers conferred under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with the relevant provisions of the NDPS Act, 1985, I, Dr. Rakesh Minhas, District Magistrate, Jammu, do hereby order as under, No courier company, parcel service, or logistics operator functioning within District Jammu shall accept, book, or transport any narcotic drugs, psychotropic substances, or other contraband items until and unless it holds a valid transport permit under NDPS rules 1985 and as per regulations under Drugs and Cosmetic Act 1940.
All courier companies/parcel services shall. Strictly verify the identity and credentials of consignors and consignees, including valid Government-issued identity proof. Maintain complete records of consignments, including sender and receiver details, parcel description, weight, booking receipt, and date of booking. Maintain a record of the mode of payment received (cash, digital, cheque, UPI, card, etc.) against each consignment, along with transaction details wherever applicable, it reads.
Ensure that all employees engaged in courier/parcel services-delivery staff, loaders, booking clerks, franchise workers are duly verified through local police verification, and an updated register of such verified employees is maintained. Provide training and sensitization to employees to identify suspicious consignments, and to report them immediately to the nearest police authority. Any courier company/agency found violating this order shall be held personally and legally responsible. Owners, MDs, directors, agents, and all employees involved may be prosecuted under relevant sections of the NDPS Act, BNSS, and other applicable laws. Penalties may include seizure of consignments, cancellation of license, fines, and criminal sanctions, it reads.
The Senior Superintendent of Police, Jammu is directed to ensure strict enforcement of this Order, to conduct inspections, and initiate necessary legal action against defaulters. As the notice cannot be served individually on all concerned, this order is hereby passed ex-parte. It is being promulgated for the information of public at large and shall be published on district website, leading newspaper and by affixing copies on the Notice Boards of the Offices of SSP Jammu, All SDMs, All Tehsildars, all SDPOS and all SHOs of Jammu District. This Order shall come into force with immediate effect and shall remain in force for the period of eight weeks, unless withdrawn earlier, and subject to further extension or modification. Any contravention of this order shall attract legal consequences as contemplated under section 223 of Bhartiya Nyaya Sanhita (BNS), 2023, reads the order. (KNC)
