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

NDPS ACT

Why…??

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.

Differentiate between Trafficker

(Commercial quantity)

• (Minimum 10 years up to 20)

Peddler (Intermittent Quantity)

(1-10 years)

Consumer (Small)

Upto 1 Year

Arrest patterns

Small quantity (about 80%)

Intermittent (about 10-15%)

Commercial (about 5 -10%)

Drug Control Strategy

Supply Reduction - Demand Reduction - Harm Reduction

MHA MSJE MSJE + MOH

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

20

00

-01

20

01

-02

20

02

-03

20

03

-04

20

04

-05

20

05

-06

20

06

-07

20

07

-08

20

08

-09

20

09

-10

20

10

-11

20

11

-12

20

12

-13

20

13

-14

20

14

-15

20

15

-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…

National Scenario

HEROIN

MUMBAI

CHENNAI

HASHISH

PRECURSORS

USA,

Western Europe,

Canada

Maldives

ATS

DRUG TRAFFICKING –PATTERN/TRENDS

Golden

Triangle

Golden Crescent

China & other foreign destinations

TRAFFICKING TRENDS/PATTERN- COCAINE…contd

36

Addis

AbabaBRAZIL

Abu

Dhabi

Lome

(Togo)

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

Prevention of Illicit Traffic in

Narcotic Drugs and

Psychotropic Substances

Act, 1988

• 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

Impact of RCS Order 2013

on

Precursor Control

55

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

Quarterly meeting

Annual meetings

Monthly meetings

NCORD – 3 Tier Mechanism

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