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Preventive Enforcement with
respect to Narcotics including
Cultivation
-Dr. Rajender Pal Singh IPS
DG UP Police
DRUGS
NATURAL SEMI-SYNTHETIC SYNTHETIC
PSYCHOTROPIC
DEPRESSANTS STIMULANTS HALLUCINOGENS
Opium Ganja
Charas
Heroin
Cocaine
Classification of Drugs
Heroin Ganja
CocaineLSD
MandraxLSD Ecstasy
Amphetamine
Opiates Barbiturates
Pain killers
Cocaine Amphetamine LSD Ecstasy
2
BASED ON EFFECTS
BASED ON ORIGINBASED ON NDPS ACT
NARCOTIC
Psychotropic substances
• Narcotic Drugs and Psychotropic Substances
(NDPS) Act, 1985
– NDPS Rules, 1985
• Drugs & Cosmetics (D&C) Act, 1940
– D&C Rules, 1945
• Prevention of Illicit Trafficking in Narcotic
Drugs & Psychotropic Substances (PITNDPS)
Act, 1988
• State NDPS Rules
3
Drug Control Legislations in India
5
183 Parties
11 non-parties
186 Parties
8 non-parties183 Parties
11 non-parties
International Drug Control Treaties
6
Represents a dual obligation of Governments to :-
Establish a system of control that ensuresadequate availability of Narcotic Drugs,Psychotropic and controlled substancesfor medical and scientific purposes
Simultaneously prevent abuse,diversion and trafficking and mitigatediversion from licit to illicit channels
Source: WHO, Ensuring Balance in National Policies on Controlled Substances
“Principle of Balance”
NDPS Act Notable Features:-
1. Thrust mainly on prevention of trafficking, not so much on consumption.
2. Treatment & De-addiction.
3. Probation.
4. Awareness & education.
Continue..
4. Licensing of poppy
cultivation.
5. Financial investigation &
forfeiture of properties.
6. Controlled delivery.
Continue..
7. Disposal of drugs: pre-trial
and post-trial.
8. Penalties as per seizure
quantity. (small, intermediate &
commercial )
9. Penalties for Govt. servants for
failure to perform their duties.
Continue..
9. Confession u/s before the I.O. admissible in Court of law(S67)
11.Provision of NFCDA(S7)
12.Death penalty for offences after previous conviction in case of commercial quantity(section-31A)
A Preventive Criminal & social Law
Provisions-
• For education/awareness (Section-7A)
• Treatment & rehabilitation (Section 64A & 71)
• Probation (Section 39)
• Severe punishments.
Correct Approach
• Hit hard on traffickers
• Discourage ‘Pudiya’ culture
• Take steps for education & awareness.
a. Approach schools & colleges
b. Community policing
c. Collaborate with Civil Society
d. Visit De-addiction Centres
• Offer treatment/probation opportunities to
consumers.
22
OPIUM POPPY GROWING STATES
Crop Year 2016-17: 3 States18 Cultivating Districts 88 Tehsils3468 Villages60762 Cultivators + 5 Experimental
23
Licensed cultivators : 60762
Licensed area : 10283 hectares
Area harvested : 8652 hectares
Opium production : 555 MT at 70°C
All India average yield : 64.15 kg/ha
SALIENT FEATURES – Crop Year 2016-17
All Figures are Provisional
C = Consistence
24
18086
18447 12320
18591
7833
6976
5913
2653 8853 12237
16518
12092
5619 5329 5423
557
8652
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-16
20
16
-17
Area Harvested (hectare)(1992-93 to 2016-17)
*Figures for 2011=12 crop year are provisional
25
Usage of Alkaloids
• Morphine (10-13%) –
severe pain, cancer
treatment
• Codeine (1-1.5%) –
milder analgesic and
cough suppressant
Major Alkaloids of Opium : Morphine, Codeine, Thebaine and Papaverine etc
• Thebaine (2-3%) – milder analgesic converted
to oxycodone, oxymorphone, naloxone,
naltrezone, Buprenorphine – the last for
treatment of drug addiction
Extent of Illicit Cultivation
• Affected States:-Poppy - Manipur, Arunachal Pradesh, Uttrakhand, J&K,
Bihar, Jharkhand and W. Bengal.
Cannabis – Tripura,Assam, West Bengal, Orissa, AndhraPradesh Bihar, Jharkhand, Himachal Pradesh, J&K.Manipur, Uttarakhand.
• Opium poppy illicit cultivation is mainly done for poppy seeds,poppy husk and opium.
Destruction ( in Acres ) -
26
Type of crop 2015 2016 2017
Opium poppy 3461 6512 7602
Cannabis 818 8,438 8515
Extent of Illicit Cultivation
Trends / pattern
• Cultivation on forest and govt land.
• Cultivation at high altitudes.
• Land ownership not established in some states.
• Off season cultivation.
• Shifting of areas.
• Cultivation with other seasonal crops to avoiddetection.
27
Sl
No
ACTION TO BE TAKEN AGENCY TO TAKE
ACTION
TIME FRAME FOR ACTION
Plain States Hill States
1 Constitute a composite team at state level
consisting of Police, Revenue, Excise, , IB,
CEBC & NCB & convey to NCB HQ.
State Nodal Officers
To be done, if not already done.
2 Constitute a composite team at District level
of district officers
DM/Collector/SP/DFO/Excise/NCB/ Customs
for survey & identifying potential Areas and
communication to ZD.
State Nodal Officers
To be done, if not already done.
3 Organizing awareness campaign amongst
cultivators in the potential/suspected areas
by the State/Distt level committees
involving local panchayat, block bodies and
prominent people
State Nodal Officers Oct 2017 Oct 2017
4 Send details of all identified areas/potential
places of illicit cultivation to Zonal
Director/NCB, NCB HQrs & CEIB.
State Nodal Officers By Nov. end 2017 By Dec. end 2017
5 Send details received from States to ADRIN NCB & CEIB 17 Nov 2017 17 Dec 2017
6 Training of State Officials by CBN & ADRIN
(ToT)
CEIB, NCB & ADRIN Mid January, 2018 Mid January, 2018
ACTION PLAN FOR IDENTIFICATIONAND DESTRUCTION OF ILLICIT POPPY DURING 2017-18
7 Satellite Imagery be sent to CEIB, NCB
& CBN through official e-mail.
ADRIN Last week of Jan to
mid of Feb, 2018
(Manipur and in
Plain States)
Mid of March to Mid
of April 2018
8 Transmission of Satellite Images to
concerned States and CBEC through
secured official e-mail
NCB & CEIB On date of receipt On date of receipt
9 Initial feed back after verification on
ground vis-a-vis satellite images to be
sent to NCB, CEIB & ADRIN through
official e-mail.
State Nodal
Officers, CBN
Mid Feb to last
week of Feb, 2018
Mid May to last
week of May, 2018
10 District composite team for verification
and destruction
State Nodal
Officers, Zonal
Directors, NCB &
CBN.
Concurrently
11 Registration of cases under NDPS Act
against persons found involved in illicit
cultivation by local authorities.
District Composite
Team
Concurrently
12 Send reports to State Nodal Officer and
state level composite team after
destruction.
District Composite
Team
1st week of April,
2018
End of June 2018
13 Consolidated Action Taken Report to
NCB
State Nodal
Officers
3rd week of April,
2018
2nd week of July,
2018
14 Action Plan for Alternative Crop
Development.
State Nodal
Agencies
On going process
Provisions relating to Illicit cultivation and Alternative
Development in National Policy on NDPS (Para 31)
• Law enforcement action will continue
– Satellite images of suspected areas to be obtained
– Destruction operations of such crop to be carried out by Central and State enforcement agencies
• Alternative Development for farmers who
– Have been ‘traditionally’ cultivating opium poppy illegally, and
– Their livelihood depends entirely on such cultivation
• ‘Traditional’ illicit cultivation areas will be
identified, through consultation of the DoR with
NCB and concerned State Governments
• Once identified, new areas will not be added
• AD programmes will be taken up in these areas
and continued till local population is completely
weaned away
Alternative Development – Policy
provisions…
HEROIN
MUMBAI
CHENNAI
HASHISH
PRECURSORS
USA,
Western Europe,
Canada
Maldives
ATS
DRUG TRAFFICKING –PATTERN/TRENDS
Golden
Triangle
Golden Crescent
China & other foreign destinations
DRUG RELATED CHALLENGES
India–located between the world’s twolargest areas of illicit opiumproduction – Golden crescent andthe Golden Triangle.
Potential production of opium inAfghanistan in 2017- 9000 MT asper latest UNODC supportedopium survey
India – both a destination and a transitroute for opiates produced in theseregions.
37
DRUG RELATED CHALLENGES ……Contd
Trafficking of Hashish from Nepal
Smuggling of Cocaine from Latin America
and West Africa.
Trafficking of Ephedrine &
Pseudoephedrine to Myanmar and
reverse trafficking of ATS .
Trafficking by Africans - a big challenge.
38
DRUG RELATED CHALLENGES ……Contd
Illicit manufacturing of synthetic drugs.
Use of clear net & dark net- Sale &
purchase of Pharma drugs and
hallucinogens.
Internet pharmacies & Misuse of courier
services.
Diversion from licit cultivation of opium poppy.
Illicit cultivation of opium poppy & Cannabis
39
Combat / Preventive Strategies Restricting illicit plantation.
Disruption/destruction of illicit cultivation.
Possibilities of maritime landings in India. More vigilance required on the Indo-Pak land border and high seas in the wake of bumper crop in Afghanistan in 2017.
Increasing operational efficiency and interdictions.
Develop expertise in Cyber Crimes.
Better coordination and sharing of information. Synergy among all agencies. International cooperation.
Financial Investigation.
Demand Reduction Measures
• Preventive detention of persons
engaged in illicit trafficking of NDPS.
• Illicit trafficking means activities
relating to-
• cultivation of opium poppy, cannabis
or coca plant
• Engaging in production/
manufacture/possession/sale/purchas
e/transportation/warehousing/
concealment/use/consumption/import
inter-State/export inter-State/import
into or export from India /
transhipment of NDPS
• financing, directly or indirectly any
such activities
• abetting or conspiring in the
furtherance or in support of doing
such activities
• harbouring persons engaged in such
activities
• handling or letting premises for the
carrying of such activities
Financial Investigation under
Chapter 5A of NDPS Act.
• Against persons who are-
• convicted for an offence punishable for a term of
ten years or more under the Act.
• Those convicted for similar offence by a
competent court outside India.
• Those detained under the PITNDPS Act, 1988 or
J&K PITNDPS Act, 1988 provided their detention
is not set aside/revoked.
• Certain relatives or associates of persons
mentioned in (i) to (iii) above.
Continued
• Arrested / against whom warrant or authorisation
of arrest has been issued for offence under
NDPS Act whether in India or abroad.
• Any holder of any property, which has been
transferred by such persons unless the transfer
was in good faith and for adequate consideration
• However, the property can also be seized /
freezed of the aforesaid person.
Notified Controlled
Substances
Acetic Anhydride
Ephedrine
Pseudo-Ephedrin
e
AnthranillicAcid
N- Acetyl Anthranilli
c Acid
MOST COMMONLY ABUSED Precursor Chemicals
Precursor chemicals
Precursors Licit use Illicit use
Acetic
Anhydride
Textile processing
Pharmaceutical industry
( aspirin and paracetamol)
Paints, Tanning, Plastic,
Explosives
Heroin and
Methaqualone
Anthranilic Acid
and
N-
acetylanthranillic
acid
Textile processing
Insect repellents
Dyes, perfumes Methaqualone
Ephedrine and
Pseudo-
Ephedrine
Bronchodilators and
nasal decongestants Amphetamine
type stimulant
(ATS)
50
SYSTEM OF PRECUSOR CONTROL
NARCOTICS CONTROL
BUREAU
CENTRAL BUREAU OF
NARCOTICS
DOMESTIC
CONTROLINTERNATIONAL
CONTROL
SCHEDULE A ( 05
substances)
SCHEDULE B & C
(17 substances)
RCS ORDER 29 March 2013
NARCOTICS CONTROL
BUREAU
DOMESTIC
CONTROL
SCHEDULE A
(05 substances)
NARCOTICS CONTROL
BUREAU
DOMESTIC
CONTROL
DOMESTIC CONTROL
Narcotics Control Bureau
Domestic control of precursors
Control over
Manufacture, distribute, sell, purchase, possess, store, or consummation
of any schedule A precursor chemicals , Registration is required
from NCB.
1. Acetic Anhydride2. Ephedrine 3. Pseudoephedrine4. Anthanilic Acid5. N-Acetylanthranilic Acid
51
Sl.
No.
Controlled
Substances
Type of
Activity
State
Andhr
a
Prades
h
Telan-
gana
Mahar-
ashtra
Gujara
t
Tamil
Nadu
HP Utta
ra-
kha
nd
1Acetic
Anhydride
Manufactur
ers
1 0 03 3 0 0 0
Dealers 0 5 07 12 0 0 0
Users 73 194 262 592 49 51 22
Total 74 199 272 607 49 51 22
2Anthranilic
Acid
Manufactur
ers
0 0 02 09 0 0 0
Dealers 0 0 07 02 0 0 0
Users 1 5 25 103 2 1 0
Total 1 5 34 114 2 1 0
URN- ALL INDIA
Sl.
No.
Controlled
Substance
s
Type of
Activity
Andhr
a
Prades
h
Telan-
gana
Maha
ashtra Gujara
t
Tamil
Nadu
HP
Uttar
a-
khan
d
3 Ephedrine
Manufacturer
s
1 1 01 0 1 0 0
Dealers 0 0 07 01 0 0 5
Users 3 11 24 38 6 5 15
Total 4 12 32 39 7 5 20
4Pseudo
Ephedrine
Manufacturer
s
0 0 01 0 1 0 0
Dealers 0 0 08 01 0 0 3
Users 5 21 31 37 9 2 23
Total 5 21 40 38 10 2 26
URN- ALL INDIA
Sl.
No.
Controlled
Substances
Type of
Activity
States
Andhr
a
Prades
h
Telan-
gana
Mahar-
ashtra
Gujara
t
Tamil
Nadu
HP Uttara
-
khand
5
N-Acetyl
Anthranili
c Acid
Manufac
turers
0 1 01 0 0 0 0
Dealers 0 0 01 0 0 0 0
Users 0 0 01 0 0 0 0
Total 0 1 03 0 0 0 0
TOTAL 84 238 381 798 68 59 68
URN- ALL INDIA
S.N Year No of
Cases
Total Quantity (in
Kgs.)
1 2011 3 62
2 2012 3 363
3 2013 7 243
4 2014 2 54
5 2015 1 4
6
7
2016
2017
0 2661#
25
56
# In 2016 Maharashtra State Police seized 2659 kgs Acetic
Anhydride & 20679.97 Kgs of L - Ephedrine from a factory.
S.No. Year No. of
Cases
Total Quantity (in Kgs.)
1 2011 20 7208
2 2012 17 4393
3 2013 66 6655
4 2014 44 1330
5 2015 19 827
6
7
2016
2017
16 21272 #
2990
57
# In 2016 Maharashtra State Police seized 2659 kgs Acetic
Anhydride & 20679.97 Kgs of L - Ephedrine from a factory.
YEAR PSEUDOEPHEDRINE EPHEDRINE
ACETIC
ANHYDRIDE
2013 72029.00 664479 40341010
2014 46186.45 615419 56485821
2015 44630.45 635300 60788720
2016 (up
to Sept) 13172.40 372770 46007609
58
*Provisional figures
NCORD – 3 Tier Mechanism
Monthly Meeting – Law enforcement agencies for operational coordination.
Quarterly Meeting - Representatives fromDepartments/Ministries for operational coordinationand policy implementation.
Annual meeting - To be chaired by Union HomeSecretary with Heads of all memberagencies/departments along with designatedmembers.
Making best use of the Centralschemes:
a)Financial assistance to the states run byMHA
b)National Fund for Control of Drug Abuse(NFCDA) managed by Department of Revenue,Ministry of Finance under Section 7 A of theNDPS Act.
c)Reward Policy (2017) for government officersand informers for seizure under NDPS Act.
a) Financial assistance to the states run by MHA
Assistance is provided for the following :-
a) Surveillance equipmentb) Laboratory equipmentc) Vehicles for patrolling/surveillanced) Computers and their accessoriese) Fax machine and photocopies andf) Training equipment & Aidsg) Other equipments useful for enforcement
Since inception of this scheme in 2004, Rs 26.85Crores have been sanctioned to different States &UTs.
b) National Fund for Control of Drug Abuse (NFCDA)managed by DoR MoF u/s 7 A NDPS Act.
i. Combating illicit traffic in narcotic drugs, psychotropicsubstances orcontrolled substances;
ii. Controlling the abuse of narcotic drugs and psychotropicsubstances;
iii. Identifying, treating, rehabilitating addicts;
iv. Preventing drug abuse;
v. Educating public against drug abuse;
vi. Supplying drugs to addicts where such supply is a medicalnecessity.
c) Reward Policy (2017) for government officersand informers for seizure under NDPS Act.
• Incentive for drug law enforcement officers
• Funded by Government of India through NCB.
• NCB designated agency for processing andsanctioning reward proposals pertaining toseizure of Narcotics.
• Rewards for various stages of case includingseizure/post seizure/ investigation/prosecutionetc.
• Quantum & ceiling of rewards increased.
UOI Vs. MOHANLAL (SLP Crl. No. 652 of 2012)
The Court took cognizance of the fact that a lot of contraband is kept withthe enforcement agencies and was finding its way back into the society.
SEIZURE AND SAMPLING:
-Central Government to bring uniformity in the guidelines of seizure andsampling
- When the seizure is effected, the contraband is to be forwarded to theofficer in charge of a police station or the officer empowered who is thenduty bound to approach the Magistrate for drawing samples andgetting them certified.
STORAGE:
- Observed that no proper storage facilities are available with most of theStates and Central agencies.
- Central and State agencies to set up adequate storage facilities.
- Storage of drugs should be in safes and vaults
- Storage facility should be in overall supervision and charge of agazetted officer.
- Special register to be maintained for drugs instead of generalmaalkhaana register
DISPOSAL OF DRUGS:
-The Court has found lack of uniformity in the procedure of destruction.
-In cases that stood finally concluded at Trial, appeal, revision and furtherappeals, if any before 29.5.1989, the continued storage of NDPS,
controlled substances and conveyances is of no consequence and thusdirected that all the Drugs Disposal Committees of the States and theCentral agencies shall take stock of all such seized contrabands and takesteps for their disposal without any further verification.
-In cases where seizures were done after May, 1989 and where Trial andproceedings in appeal / revision have all concluded the Court has directedthat all the Drugs Disposal Committees shall take stock of all such seizedcontrabands in which trial has concluded and the concerned heads of thedepartment shall directly supervise the process of destruction.
- In Cases where proceedings are still pending before Trial Court,Appellate Courts or Supreme Court, the Head of the Department shallensure the filing of appropriate applications under the notification dated16.1.2015 without any further loss of time
THANA SINGH Vs. CBN (Crl. Appeal no.1640 of 2012)
ADJOURNMENTS: NDPS Courts not to grant adjournments unless thecircumstances are beyond control.
EXAMINATION OF WITNESSES: Courts to adopt the method ofsessions trial and assign block dates for examination of witnesses.
WORKLOAD: NDPS cases to be prioritized over all other matters. TrialCourts will only take up another matter after clearance of all pendingNDPS cases.
RE-SAMPLING/RE-TESTING OF SAMPLES: Any requests as to re-testing/re-sampling not to be entertained as a matter of routine.
NODAL OFFICERS: Nodal officers be appointed for monitoring of theprogress of investigation and trial.
SHAFI MOHD. VS. STATE OF H.P.
(SLP Crl. No. 2302 of 2017)
The Hon’ble Supreme Court has raised the question that:
-Whether in every case of recovery when possession itself is an offence,the investigator must video graph the scene of recovery, and
- Whether in every other case the scene of crime should also be videographed during investigation.
A committee of MHA has submitted for laying down the road map forthe same.
The matter is still under adjudication. Final judgement expected thisyear.
MSJ&E through AIIMS is conducting a nation-wide survey
to assess the extent, trend and pattern of drug abuse
among people across the country.
-The survey will provide national and state level
estimates of proportion and absolute number of people who
indulge in drug abuse.
-The survey will also map the presence of services and
interventions for drug dependent individual and identify the
gaps in service delivery. Report expected in 2018.
State wise Surveys – Punjab(2016) and
Mizoram(2017).
NATIONAL DRUG ABUSE SURVEY
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