DO YOU KNOW?
v Rs.1,50,000 crore i.e, about 300 Billion US Dollars worth Opium / Heroin is supplied to entire Europe from Afghanistan.
v Illicit cultivation of Ganja is rampant in Western Ghats adjoining Tamil Nadu, Kerala, Karnataka, Maharashtra and Warangal, Karimnagar, Khammam, Cuddapah & Visakhapatnam districts in Andhra Pradesh.
v There are 14 crore Ganja addicts in the World.
v There are 130 lakh Cocaine addicts in the World.
v There are 80 lakh Heroin addicts in the world
v Street value of 1 kg Heroin in USA is Rs.1,21,80,000/-
v Street value of 1 Kg. Cocaine in USA is Rs.46,20,000/-
v Most of the Cocaine comes from Columbia drug cartels.
v Drug addicts resort to crime more often to get their dose.
v Drug addicts transmit HIV.
v Adolescents, students and the youth are the targets.
v Who knows tomorrow your kith & kin may become an addict?
NARCO TERRORISM
Pakistan reportedly uses drug money (roughly Rs.35,000/- crore per annum) for organizing cross border terrorism in India and elsewhere in the world and for financing, training, and providing with Arms, Ammunition and Explosives to the terrorists from this money and to support their families in the event of the death of terrorists at the hands of security forces.
GOLDEN TRIANGLE
v More than 90% of Opium comes from the Golden Triangle
(Myanmar, Thailand and Laos)
GOLDEN CRESCENT
Afghanistan – Pakistan – Iran supply to Europe and USA.
Definition of “DRUG"
A substance natural, semi-synthetic or synthetic which, taken in small quantity, modifies the physiological function of humans or animals (WHO).
What is a Precursor?
The term “precursor” is used to indicate any of the substances from which psychotropic substances are manufactured listed in Table I or II of the U.N. Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. Such substances are often described as precursors or essential chemicals, depending on their principal chemical properties.
Eg: Acetic Anhydride, N-Acetyl anthranilic Acid & Ephedrine, Pseudo-Ephedrine
NARCOTICS:
Opium, Coca, Cannabis and their derivatives.
PSYCHOTROPIC SUBSTANCES:
(1) Stimulants – Eg. Amphetamine
(2) Depressants/Tranquilizers - Eg. Barbiturates & Diazepam
(3) Hallucinogens - Eg. LSD
Definition of “Psychotropic Substances”:
(1) Medically : Any drug or Substance having a particular affinity for or effect on the psyche of an individual.
(2) Legally : Any substance, synthetic or any natural material in Schedules, I, II, III or IV of the U.N. Convention on Psychotropic Substances, 1971.
MAGNITUDE OF THE PROBLEM AND INTERROGATION OF A DRUG LAW OFFENDER
- Sri S. Umapathi, IPS, IGP..
-
In the first week of June, 2004 the officials of DRI (Directorate of Revenue Intelligence) seized drugs worth Rs.87 Crore in the international market which is an eye opener to the police department and more particularly to the wings dealing with narcotics and psychotropic substances. Investigation and successful prosecution of these cases throws up a huge challenge to the investigating officer. Interrogation of the suspect forms an integral and important part of this investigation.
The extent and magnitude of the illegal drug trade is mind boggling. It is the 2nd largest trade in the world worth about US $ 400 billion. Drug trade is larger than the combined international trade in iron, steel and motor vehicles. About 160 Countries out of 185 countries are affected by drug trafficking. 180 to 225 million (18 to 22.5 crore) people are affected by drugs. About 140 million people use ganja in the world, 8 million people are addicted to heroin and 30 million people are addicted to cocaine.
The major routes of this trade are the Golden Crescent (Pakistan, Afghanistan and Iran) and the Golden Triangle (Myanmar, Laos and Thailand). India has an important part in this trade. Deals are struck at Mumbai and New Delhi from where drugs are smuggled out of the country. A portion of the drugs are smuggled into Sri Lanka through Coastal Tamil Nadu.
Drug trading is a lucrative business. A Kilogram of crude opium costs about Rs.4, 000/- to 10,000/- in India, while a kg. Of Heroin costs about Rs.1, 20,000/- to 2, 50,000/-.
The wholesale rate of heroin in the US is Rs.33,60,000/- per kg. While the street price of the same in USA is Rs.1, 21,80,000/- per kg.
The drug traffickers organise into cartels and run a parallel economy. The proceeds of drug smuggling are more often than not used in illegal arms trade having serious repercussions on law and order, crime, extremist / terrorist activities etc. For Eg: between 1982 to 1988, in Columbia, the drug mafia killed:
· 3,491 Narcotic Officers
· 1,536 Policemen
· 157 Judges
· 108 Politicians
· 17 Journalists
DAWOOD IBRAHIM NETWORK
(He runs business from Karachi-Pak. Supports terrorist movements. Involves in arms supply, counterfeiting, drug racketing, abductions. Master mind of Bombay blast 12-3-1993)
ANEES (Brother)
CHHOTA SHAKEEL
• PHILOO KHAN
• MUSTAFA
• SHARAD SHETTY
• KUNDAN KHAN
• PRABHAKAR
• TIGER MEMON
MONEY FLOW
· Drug money comes from Golden Triangle (Afghanistan, Pakistan & Iran Borders) through ‘Hawala’ / ‘Hundi’ .
· Drugs come from Eastern Golden Triangle (Myanmar, Cambodia & Thailand).
· Opium is refined into Heroin and smuggled across to user countries by a net work.
· Hawala dealers have cropped up throughout the country.
· Hyderabad is a big center for Hawala transactions. (Vijayawada, Visakhapatnam, Guntur, Cuddapah, Nizamabad and Jagitiyal have become active).
EQUATION OF THE DAY
MILITANCY + DRUGS = TERRORISM
MILITANCY - DRUGS = NO TERRORISM
Let us therefore minus the drugs from the militancy and make our country a terrorist free country and reduce loss of police personnel and other para military personnel who are laying down their lives in fighting terrorism.
DRUG AGENTS
v Their Net-work exists world over.
v They keep counter surveillance on Customs and Narcotic dept officials.
v They ruthlessly kill those who pass on Information to police.
v Well placed people are into this activity.
v Some politicians lend support to the Agents.
v Some advocates exclusively argue for
Drug offenders.
COUNTER NARCOTICS FOCUS AREAS IN INDIA
v Strict Surveillance and enforcement at import points and land points.
v Increased preventive & interdiction efforts along known drug routes.
v Intensive control - measures at export points such as Airports, Cargo terminals & Foreign Post Offices.
v Improved coordination between the various Drug Law Enforcement (DLE) agencies to have multi-agency approach.
v Identification of illicit cultivation and the wild growth of Cannabis and Opium Poppy & eradication of these sources of primary supply
v Strengthening of the intelligence apparatus to improve the collection, collation analysis & dissemination of operational intelligence.
TRAFFICKING TRENDS IN MAJOR DRUGS
Opium (Papaver somniferum)
v India is world’s sole legal producer of Opium Gum.
v Cultivated legally in Rajasthan, U.P., M.P., under license by C.B.N. (Central Bureau of Narcotics).
v Licensing expects minimum qualifying yield to be eligible for a fresh license for the following year.
Opium (Papaver somniferum)
v In 1999-2000 year 1,60,000 cultivators were
v Licensed to grow opium in 35,271 hectares.
v 1,300 tons of Opium was produced.
v 52 kg per hectare is expected.
v Certain quantities do flow into illicit channel
v Illicit marketing yields Rs.5000 per Kg.
v During crop season in April.
v Rs.15, 000 to 20,000/- in December / January.
v Govt. rate Rs.630/- to 1400/- per kg.
Heroin Seizures
Sl. No.
Year
No. of Cases
1.
1998
3095
2.
1999
437
3.
2000
2841
4.
upto March 2001
2737
Details of Hashish Seizures
Sl. No.
Year
No. of Cases
1.
1998
2193
2.
1999
2500
3.
2000
2078
Methaqualone (MQ) (Mandrax)
(Acetyl-anthranilic Acid is a precursor to MQ)
Sl. No.
Year
No. of Cases
1.
1998
114
2.
1999
8
3.
2000
31
4.
Apl.2K to Mar 2K
33
Hyderabad City Police Seizures (in the year 2000)
Refined opium made from Morphine:
Ø The most problematic drug in the Indian context both in the extent of its abuse & trafficking
Ø The most vulnerable areas to smuggling are the North-Western States (Gujarat, Rajasthan, Punjab, J & K).
Ø Maharashtra [Mumbai], Delhi & Tamil Nadu coast constitutes the exit routes.
Ø Most vulnerable areas are :
Ø
Ø
Ø
Ø Eastern Mizoram and Manipur seizures accounted for a near 0.65% of country-wide total.
PRECURSORS:
ACETIC ANHYDRIDE
v India produces 45000 metric tones
v Control imposed under NDPS Act & Customs Act
v A precursor to Methaqualone
Year 1998 1999 2000 April 2k to Mar 2k
(Qty. 6197 2963 1337 9.5 tons
In kgs)
Cases 9 7 14
EPHEDRINE & PSEUDO EPHEDRINE
v India produces 500 tones / year
v Declared as controlled substances under NDPS Act
v Only 532 Kg. Was seized in the year 2000.
AGENCIES INVOLVED IN CURBING THE ILLICIT TRADE
v CBN (Central Bureau of Narcotics)
v BSF (Border Security Force)
v CBI (Central Bureau of Investigation)
v State Police
v State Excise Dept.
v Joint Operations.
v Narcotics Control Bureau (NCB)
v Directorate of Rev. Intelligence (DRI)
v Customs & Central Excise.
v No State in the country is free from the use of Narcotic Drugs.
v It’s time for us to act and curb the menace, lest we have a race, which will be impotent and lost in the wilderness.
AT A GLANCE OF MODES AND SOME PLACES
Sl.
No.
Name of the Narcotic
Mode of Transport
Place of seizure
By whom
1.
Heroin
Human Transport
Jodhpur
NCB
2.
Heroin
Known hide out
Madurai
City Police
3.
Heroin
Human
BOP Burj
BSF & NCB
4.
Heroin
Known hide out
Water bottle and wooden cot
Mumbai
NCB
5.
Heroin
Lorry's Tool Box
Coimbatore, Palghat bypass road
NCB
6.
Heroin
NSCBI Airport, Kolkata, Nepalese Passenger's Baggage
Kolkata
Customs Air Intelligence Limits
7.
Heroin
AGI Airport – Nepalese National Swallowed the Capsule
New Delhi
Customs Preventive Officers
8.
Heroin
Pak Passenger at Samjhauta Express
Old Delhi Rly. Stn.
Delhi Police
9.
Heroin
Two Indians (Brown Sugar had '777' markings) i.e., Pak Original
Indore
M.P. Police
10.
Heroin
British Air Passenger False bottom of suit case
Mumbai CSi Airport
NCB
11.
Heroin
Bus Passengers
Tuticorin
NCB + DRI
Several Foreign Nationals especially Nepalese, Pakistanis, Burmese, East African Nationals have been arrested in India - thus we should look for such nationals in your Districts and have surveillance over them when they come for registration.
Number of cases booked for the NDPS offences by State Excise Department
SI
No.
Particulars
2001-02
(1-4-01 to
31-3-02)
2002-03
(1-4-02 to
31-3-03)
2003-04
(1-4-03 to
31-3-04)
2004-05
(up to
31-10-04)
2005-06
(upto 31-01-096)
1
No. of cases booked
1,209
1,078
697
237
458
2
No. of persons arrested
749
727
589
280
445
3
Qty. of Dry Ganja seized (kgs)
17,446
20,860
35,669
7,744
19,359
4
No. of Ganja plants destroyed
1,14,83,378
1,06,74,553
1,02,00,381
35,76,893
49,897,741
5
Qty. of Diazepam seized (Kgs)
183
135
182
230
99.3
6
Qty. of Alprazolam seized (Kgs)
28
9.75
69
0
1
7
Qty. of Opium seized (Kgs)
20
23
15
0
0
8
No. of vehicles seized
27
21
28
11
20
DISTRICTS AFFECTED WITH GANJA CULTIVATION IN A.P.
1. Vizag (Hakumpet, Anantagiri, Paderu, Dumbriguda, Madugula, Peddabailu - Mandals).
2. East Godavari (Prathipadu, Shankavanam Mandals).
3. Mahabubnagar (Amarabad, Longala,Kollapur Mandals)
4. Nizamabad (Dichpalli, Dharpalli, Sirikonda, Bheemgal, Jukkal, Gandhari & Lingampet).
5. Medak (Narayankhed, Manoor, Kangti, Alhair, Alladurg, Pulkal, Jagdevpur, Wargal,Toopran,Mulugu,Munipalli & Doulthabad).
6. Warangal (Atmakur, Geesugonda, Hasanparthi, Dharmasagar, Sangam, Mahabubabad, Nellikudur,Korvi, Dornakal, Narsampet, Duggondi, Nallabelli, Nekkonda, Maripeda, Narsimlapet, Mulug, Parkal, Regonda, Sayampet & Chitiyal).
7. Adilabad (Boath, Indervelli, Nanoor, Jainoor).
STATEMENT SHOWING THE REPORTED CASES ON DRUG TRAFFICKING FROM JANUARY 2001 TO DECEMBER 2001
No. of Persons Arrests
Sl.
No.
Month
Drug Seized
No of cases Reported
Quantity
Seized in Kgs
Indian
Foreigners
Plants Cannabis
M
F
M
F
1.
January
Ganja
32
1028
52
1
0
0
585.00
2.
February
Ganja
31
476.5
60
4
0
0
20.00
3.
March
Ganja
19
338.8
21
9
0
0
0.00
4.
April
Ganja
31
236
52
2
0
0
90.00
5.
May
Ganja
29
895.75
65
4
0
0
0.00
6.
June
Ganja
32
633.25
44
5
0
0
0.00
7.
July
Ganja
76
505
109
3
0
0
2065.00
8.
August
Ganja
25
225
21
0
0
0
0.00
9.
September
Ganja
72
449.1
98
3
0
0
2065.00
10.
October
Ganja
45
256
50
3
0
0
10765.00
11.
November
Ganja
27
109
29
0
0
0
18698.00
12.
December
Ganja
22
125
32
1
0
0
0.00
Total
441
5277.4
633
35
0
0
34288.00
STATEMENT SHOWING THE REPORTED CASES ON DRUG TRAFFICKING FROM JANUARY 2002 TO DECEMBER 2002
No. of Persons Arrests
Sl.
No.
Month
Drug Seized
No of cases Reported
Quantity
Seized in Kgs
Indian
Foreigners
Plants Cannabis
M
F
M
F
1
January
Ganja
26
1160
59
0
0
0
80
2
February
Ganja
20
1196
52
1
0
0
0
3
March
Ganja
29
1272
45
1
0
0
0
4
April
Ganja
11
523
22
0
0
0
0
5
May
Ganja
8
415
27
4
0
0
0
6
June
Ganja
11
294
10
0
0
0
0
7
July
Ganja
Nil
0
0
0
0
0
0
8
August
Ganja
27
252
33
0
0
0
0
9
September
Ganja
29
234.4
57
1
0
0
500
10
October
Ganja
35
331
42
3
0
0
34377
11
November
Ganja
31
140
27
0
0
0
1614
12
December
Ganja
33
162
16
1
0
0
0
Total
260
5979.4
390
8
0
0
36571
STATEMENT SHOWING THE REPORTED CASES ON DRUG TRAFFICKING FROM
JANUARY 2003 TO DECEMBER 2003
SL.No
MONTH
DRUG
NO.OF CASES REPORTED
QUANTITY SEIZED IN KGS.
NO . OF PERSONS ARRESTED
PLANTS / CANNAPIS
INDIA
FOREIGNERS
M
F
M
F
1
JANUARY
GANJA
41
370.6
27
1
0
0
33300
2
FEBRUARY
GANJA
21
182.4
48
2
0
0
2819
3
MARCH
GANJA
20
620.47
36
7
0
0
0
4
APRIL
GANJA
18
621.39
45
5
0
0
0
5
MAY
GANJA
19
1285.36
42
4
0
0
0
6
JUNE
GANJA
23
644.275
224
4
0
0
0
7
JULY
GANJA
19
286.82
28
3
0
0
25
8
AUGUST
GANJA
19
181.85
35
3
0
0
0
9
SEPTEMBER
GANJA
21
267.22
41
2
0
0
3
10
OCTOBER
GANJA
31
466.52
47
8
0
0
919
11
NOVEMBER
GANJA
51
948.64
55
33
0
0
0
12
DECEMBER
GANJA
39
970.6
52
1
0
0
30
TOTAL
322
6846.145
680
73
0
0
37096
STATEMENT SHOWING THE REPORTED CASES ON DRUG TRAFFICKING FROM
JANUARY 2004 TO DECEMBER 2004
SL.No
MONTH
DRUG
NO.OF CASES REPORTED
QUANTITY SEIZED IN KGS.
NO . OF PERSONS ARRESTED
PLANTS / CANNAPIS
INDIA
FOREIGNERS
M
F
M
F
1
JANUARY
GANJA
20
587.755
27
3
0
0
1319
2
FEBRUARY
GANJA
12
113.945
19
0
0
0
0
3
MARCH
GANJA
18
489.5
26
5
0
0
0
4
APRIL
GANJA
15
558.7
29
2
0
0
0
5
MAY
GANJA
6
71.5
13
2
0
0
0
6
JUNE
GANJA
13
413.7
34
3
0
0
0
7
JULY
GANJA
20
466.3
47
2
0
0
0
8
AUGUST
GANJA
24
387.35
48
0
0
0
0
9
SEPTEMBER
GANJA
23
1019.35
52
1
0
0
50
10
OCTOBER
GANJA
24
422.1
47
6
0
0
18870
11
NOVEMBER
GANJA
12
DECEMBER
GANJA
TOTAL
175
4530.2
342
24
0
0
20239
NATIONAL DRUG ENFORCEMENT STATISTICS (1992-2002)
SEIZURES OF VARIOUS DRUGS IN K.G. WITH NO. OF CASES
Opium
Seizure
Cases
1918
1287
3011
1679
2256
1171
1349
871
2876
977
3316
1333
2031
954
1635
927
2684
1257
2533
1205
1867
1167
Morphine
Seizure
Cases
35
158
36
105
51
145
4
35
4
37
128
75
19
56
36
125
39
142
26
146
66
148
Heroin
Seizure
Cases
1153
2779
1088
3383
1011
3331
1681
3236
1257
3043
1332
2990
655
3095
861
2937
1240
2841
889
3891
933
4328
Ganja
Seizure
Cases
64341
5839
98867
5214
18796
6827
121873
5737
62992
5833
80886
7062
68221
6018
40113
6518
100056
6073
86929
7613
93477
3687
Hashish
Seizure
Cases
6621
2516
8238
2827
6993
2672
3629
2691
6520
2593
3281
2223
10106
2193
3391
2500
5041
2978
5664
2117
4487
2121
Cocaine
Seizure
Cases
0.420
4
2
4
1.580
6
40
6
3
8
24
6
1
6
1
4
0.350
5
2
10
2
5
Methaqualone
Seizure
Cases
7475
167
15004
283
45319
457
20485
196
2212
405
1740
207
2257
114
474
8
1095
31
2024
8
7458
7
Ephedrine
Seizure
Cases
-
-
-
-
-
-
-
-
426
8
930
5
126
4
LSD
(Sq.paper)
Seizure
Cases
50
0
164
1
250
0
113
1
1285
7
0
0
45
1
240
3
0
0
0
0
0
0
Acetic Anhydride
(In Litres)
Seizure
Cases
0
0
19758
22
47740
40
9282
26
4627
14
8311
12
6197
9
2963
0
1337
14
8589
8
3288
4
Amphetamine
Seizure
Cases
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
3
11
0
0
0
0
2. PERSONS ARRESTED
a) No. of persons
arrested including
Foreigners
12850
13723
15452
14673
13554
14565
13243
12490
15065
16315
12318
b) No. of Foreigners
arrested
116
144
136
148
130
99
771
92
92
133
172
Source: Narcotic Journal, New Delhi.
AREAS MEANT FOR LEGAL CULTIVATION OF OPIUM POPPY IN INDIA
Ø Rajasthan State
Ø Chittodhgarh
Ø Baran
Ø Kota
Ø Jhulawar
Ø Madhya Pradesh State
Ø Mandasour
Ø Neemuch
Ø Shajapur
Ø Ujjain
Ø Ratlam
TOTAL NO. OF FARMERS CULTIVATING OPIUM LEGALLY : 73,000
Ø ¾th crop from :
Ø Chittogarh
Ø Neemuch
Ø Mandasour
PERMITS ISSUED BY C.B.N.
Year : 2005-06 = 35,000
Year : 2003-04 = 46,000
Ø NCB purchases opium @ Rs.800/- to 2,200/- per Kg.
Ø Government factories for refining opium located at
1) Neemuch – MP
2) Ghajipur – UP
Ø Distributed within India to pharma companies.
Ø Exported to America also
Ø Exported to America also
Ø Estimated crop – diverted : 20 to 30%
ISSUES OF LEGAL CULTIVATION
Ø Each former sells illegally : 1 to 1.5 Kg. Worth
(per year) Rs.20,000 to 32,000/.
Ø Each former makes around : Rs.50,000 to 65,000/-
per month.
Ø Poppy shells (empty) auctioned : @ Rs.800/- per Kg. Rs.70 crore (Rajasthan-2005)
Rs.25 crore (Madhya Pradesh)
Ø Gasa-gasa seeds of opium : Rs.150 per Kg. 0.1 Hectare produces
roughly Rs.22,000/- worth of seeds.
RETAIL TURN OVER IN MP, HARYANA & PUNJAB = RS.1200 CRORES
Ø Persons addicted to opium/ heroin in Rajasthan alone – 35 lakh (survey by India Today)
Ø Misappropriation by State Excise Department in Rajasthan – 4,000 tons
The only country in the world to produce opium under license is India.
It is therefore essential for all of us to keep our eyes and ears open to the Narcotics Menace, gather advance intelligence, liaise with DRI officials and apprehend the persons carrying/ dealing with narcotics unearth the network of operation and go up to the source of the trade. It is only then we can achieve results in this field. The following interrogation proforma would help the interrogator to get at the details of operation, network, people behind the trade, the international trade route, the money flow, weapons flow etc.
***
INTERROGATION PROFORMA OF DRUG LAW OFFENDERS
1. Name :
2. Other Name(s)/Alias, if any :
3. Father's Name :
4. Mother’s Name :
5. Spouse's Name :
6. Children's Name :
7. Date & Place of Birth :
8. Profession/Occupation :
9. Passport Details [such as number, date,
Place of issue, trips abroad etc.]
10. PAN/GIR Card details :
[Details of income-tax return filed]
11. Driving License details :
12. Photo Identity Card details :
13. Ration Card details :
14. Residential address/Permanent :
Address/Addresses of family members,
15. Telephones, Faxes, e-mails of self :
and family at all the above addresses
16. Mobile phones-Self & Family :
17. Personal description :
(a) Height [To be measured] :
(b) Weight [To be measured] :
(c) Built :
[Slim/medium/heavy/stout/stopped plump]
(d) Complexion :
[Sallow/Fair/Wheatish/Ruddy Dark Brown/Black
(e) Colour of eyes :
(f) Colour of hair :
(g) Condition of hair :
[Straight/curly/wavy/partly bald/bald]
(h) Deformities, if any. :
(i) Any personal trait worth recording :
(i) Fingerprints [Ten digit finger & :
Palm impression]
(k) Identification Marks :
(l) Blood Group :
18. Addresses in India :
(i) Local (a) Residential (b) Office :
(ii) Native :
(iii) Other addresses in different places in India. :
19. Addresses abroad :
20. Contact addresses :
21. Name & details of companies / firms :
Owned or controlled by the person or
His associates/family members.
22. Languages, spoken, written & understood. :
23. Telephone numbers in his name :
24. Telephone numbers in his office or :
Business premises.
25. Contact telephone, other than the one in :
his name.
26. Telegraphic address :
27. Post Box No. :
28. Properties owned in his name or :
Benami.
29. Income Tax assessee or not, if yes, :
Ward No. etc.
30. Bank account no., safe deposit vaults :
Or bank lockers in his name or under
his control.
31. Vehicle no. and details thereof including :
Chassis no.
(a) Owned :
(b) Under his control :
32. Arms licenses held & their numbers :
33. Friends and other relatives [in other :
Cities / city]
34. Drugs trafficked by him :
35. Area of operation including routes taken & :
landing places and places of storage.
36. Modus operandi :
37. Whether he has been detained, if so,
details thereof.
38. Associates :
[Note: Name & Address & part played
by the associates with their area of
operation and any specific cases where
involved to be recorded here. If an
associate is important enough, a separate
dossier on him may also be attempted.
39. Involvement in offences :
[Specific cases of his involvements to
be mentioned here. Also involvement as per
intelligence reports to be included. These are
to be given chronologically every month. New
material to be added to keep the dossier
constantly updated.
40. Time of entry into drug trade :
? whether addict now / past
? how did you get involved
? details of persons who initiated
? details of customers/suppliers
? Mode of financing.
41. Details of bank accounts :
Statement Analysis:
a) Truthful / Distorted / Exaggerated / Fabricated / Concocted / Tangential version
b) Usefulness to break further networks, further investigation, orientation of investigation.
c) Any suppression of information, if so, re-interrogates the suspect.
d) How far he / she can be used to smash the network.
Evaluation
à Should you remand the accused to Judicial Custody?
à Are you planning to get his / her statement recorded u/s. 164 Cr.P.C?
à Are you planning for tender of pardon to the accused u/s. 306 Cr.P.C? Can you believe him?
à Can you use him for further operations, if any?
***
JUDGEMENTS OF HIGH COURTS AND SUPREME COURT UNDER NDPS ACT, 1989
1) Provisions of Act are mandatory
When the legislation has given some safeguards to the accused persons, the Prosecution Agency has no right or authority to take away that right or to disobey the provisions of the Act. Therefore, non-compliance of the provisions cause great prejudice to the accused. When doubt is created and that doubt is with regard to mandatory provisions, then benefit of doubt must go to the accused.
“ Kabal Vs. the State of Rajasthan – 1992 Crl.L.J. 1491 at 1501 (Raj.)”
Regarding personal possession2) AIR 1989 S.C. 1966 - On seeing Police party, accused tried to speed up his motor cycle, ignoring the stop signal and fell down, and was caught by Police on suspicion. He in the meanwhile stood up and removed a paper wrapper from his pant pocket and threw it away. On verification it was found to contain 51 gms. of brown sugar, 45 gms. Ganja Oil and 85 Gms of Opium. Hence, it cannot be said that in the absence of injury on the person of accused, the case of prosecution that he fell down from his vehicle, cannot be believed and the contraband seized from the possession of the accused was small quantity so as to bring him within the mischief of Sec.27 (a) of the Act.
In this case, it was also held that the medical officer is not expected to know the difference in the legal parlance as defined in Sec. 2 (xiv) (xxii) and specified under Schedule I to III in accordance with the concerned NDPS Rules, 1985 made under the NDPS Act.
Clandestine business3) AIR 1993 SC 962 - In the light of the voluminous documentary evidence placed on record before the detaining authority, there was enough material for his satisfaction that the petitioner and his family was engaged in the clandestine business of preparing and selling heroin for export from India.
Regarding possession4) AIR 1993 – SC – 1456 - Prosecution case was that accused had two polythene pouches containing 5 Gms. and 7 Gms. of charas, but only 1 pouch weighing 4.570 grams. was sent for chemical analysis. Junior Scientific Officer examined it and found it to contain charas, but it was less than 5 Gms. Hence, it cannot be presumed or inferred that the substance in the other piece weighing 7 gms. also contained charas. In the result, the conviction of the appellant u/s. 20 (b) (2) of NDPS Act, 1985 and sentence of 10 years RI set aside. Instead he was convicted u/s. 27 of the NDPS Act and sentenced to undergo RI for six months and to pay fine of Rs.1 lakh. In default to suffer for RI for six months.
Delay in sending seized contraband to the analyzer5) AIR 1994 SC 117 – when the article seized was produced after a period of more than 3 months and there is no evidence whatsoever to show with whom the seized article was lying and also to show that it was in the custody of officer in-charge of police station who seized it, with seal and kept there, it is clear that there is a big gap and an important missing link, in the mahazar, which was immediately said to have been prepared there is nothing mentioned as to under whose custody it was kept after seizure. Even the Officer who seized it did not say that he continued to keep it in his custody under seal till it was produced in the court on 14-01-1998. Therefore, the evidence adduced is wholly insufficient to conclude that what was seized from the appellant alone was sent to the chemical examiner. Appeal was allowed only on that ground.
Applicability of Secs.41, 42, 43, 50, 51, 52 & 57 of NDPS Act.6) AIR 1994 SC 1872 - The provisions of Cr.P.C. shall be applicable insofar as they are not inconsistent with the N.D.P.S Act 1985 to all warrants, searches, seizures or arrest, etc made under Sections 41, 42, 43 & 51 of the Act. The provision of Sections 52 & 57 which deal with the steps to be taken by the officers after making arrest, seizures under sections 41 to 44, are by themselves not mandatory. If there is non compliance or if there are lapses like delay etc, then the same has to be examined to see whether any prejudice has been caused to the accused and such failure will have a bearing on the appreciation of evidence regarding arrest or seizure as well as on merits of the case. The provisions of Section 50 are mandatory. Any officer duly authorized under section 42 who is about to search under the provisions of u/s 41 to 43, shall inform such persons of his right that if he so chooses he will be searched in the presence of a Gazetted officer or a Magistrate, but, when the search is already over in the usual course of investigation by a police officer under the provisions of Cr.P.C., then the question of complying with Section 50 would not arise.
When the contraband seized during such arrest or searches attracts the provisions of N.D.P.S Act, from that stage the reaming relevant provision of the act would attract and further steps have to be taken in accordance with the provisions of the Act.
7) AIR 1995 SC 1157 – Sections 50, 52 & 57 of N.D.P.S Act are mandatory.
Right of accused to choose for search before gazetted officer of Magistrate8) AIR 1996 SC 2926 – It is clear from section 50 that the option given there by to the accused is only to choose whether he would like to be searched by the officer taking the search or in presence of the nearest available Gazetted Officer or Magistrate. The choice of selecting nearest Magistrate has to be exercised by the officer making the search but not by the accused.
Suspension, commutation and remission of sentence9) AIR 1997 SC – 1157 When accused is charged with offence under section 20 (b) (i), the power under section 37 (1) (b) is not to be attracted.
10) AIR 1995 SC – 1131 – Section 32-A would have an over riding effect with regard to the powers of suspension, commutation and remission provided under the Cr.P.C.
Compliance of Sec.50, Cl.1 of NDPS Act.11) AIR 1999 SC – 2966 - After the accused was apprehended, he had handed over the bag said to be containing brown sugar, and then he was asked whether the presence of a Gazetted officer is required, for which he answered in negative. In such case, there is no compliance of section 50 (1) of the Act before the search and seizure was effected and accused can not be convicted.
Personal possession12) AIR 2000 SC 402 – when heroin was found from a bag belonging to the appellant and not from his person, it was not necessary to make an offer for search in the presence of a Gazetted Officer or Magistrate
Proof of cultivation of prohibited plants by accused13) AIR 2004 SC 2907 - Sections 8 (b) and 20 - Cultivation of opium, etc. – proof – It must be proved that the accused cultivated prohibited plant and it is not enough that few plants viz. 17 plants of ganja were found in the property of the accused, when there is no evidence to show that the accused cultivated the ganja plants and also no evidence to show that the accused had right over the property from which the ganja plants were recovered.
Diazepam can not be developed in fermented toddy14) 2004 Crl.L.J (Noc) 119 (AP) – sections 8 (c) – 22 - Recovery of barrels containing toddy from vehicle of accused – Said toddy found by Analyzer as fermented toddy adulterated with diazepam: a psychotropic substance – Defence plea that due to delay in conducting chemical analysis of said toddy, diazepam has developed therein – not tenable, since diazepam in view of its chemical structure cannot be developed in fermented toddy even if there is lapse of time in conducting analysis – Further, analyzer also found diazepam as totally new substance in said toddy and not result of any chemical reaction or fermentation therein – Culpability of offence made out.
Burden of accused to rebut presumption15) 2004 Cr.L.J 5091 (B) (Bombay) – Sections 8 (c) – 21,25, & 29 – Accused found in possession of brown sugar – Burden lies on him to rebut the presumption that said possession was not in contravention of the Act.
Search after apprehension of accused16) 2004 Cr.L.J (A) (Bombay) – Section 8 (c) – 20 (b) – When it is shown that Police recorded the information viz. a man aged about 32 to 36 years was carrying charas in biscuit box, after the completion of raid and accused was caught, it was held that the entire case of prosecution becomes suspicious and conviction is liable to be set aside
Confession of accused17) 2004 Cr.L.J. 2935 (A) (Madras) - Section 8 - Conviction of accused on the basis of confession of co-accused that accused gave him contraband and the fact that accused was absconding for long time and he kept silent when he was examined by police and court – Not proper – But when contraband was seized on the basis of confession of accused, it can be said that there was sufficient evidence to prove the offence against the accused and conviction of accused is proper – Mere fact that confession was subsequently retracted was immaterial since retraction was with ulterior motive.
Quashing of complaint18) 2005 Cr.L.J 2613 (SC) - Huge recovery of heroin was made and it was stated to belong to petitioner – The question whether Section 42 N.D.P.S. Act has been complied with or not being question of fact has to be gone into on appreciation of evidence that may be adduced. Hence, the question that there is no material against petitioner cannot be considered at the stage of taking cognizance by Magistrate and complaint cannot be quashed.
Meaning of “Person”19) 2005 Cr.L.J 2208 (SC) – Section 50 – Word ‘Person’ means human being with appropriate covering and clothing and foot-wear – Bag, brief case or container carried by person do not fall within the ambit of ‘Person’ – Section 50 does not apply to search of baggage, article or container carried by person searched.
20)
Presumption under NDPS Act.2006 Cr.L.J (Noc) 48 (Bombay) Contraband was recovered from loud speakers possessed by accused while she was going aboard and she pleaded that her husband’s friend gave her music system to be given to her husband who was running a shop of electronic goods in abroad – Presumption as to knowledge cannot be raised under section 35 of N.D.P.S. Act since prosecution has failed to establish beyond doubt that accused had knowledge of possession of contraband.
* * *
THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988
(Act No. 46 of 1988)
(This Act came into force in A.P. w.e.f. 4-7-1988)
C O N T E N T S
Sections
1 Short title, extent and commencement.
2 Definitions.
3 Power to make orders detaining certain persons.
4 Execution of detention orders.
5 Power to regulate place & conditions of detention.
6 Grounds of detention severable.
7 Detention orders not to be invalid or inoperative on certain grounds.
8 Powers in relation to absconding persons.
9 Advisory Boards.
10 Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board.
11 Maximum period of detention.
12 Revocation of detention orders.
13 Temporary release of persons detained.
14 Protection of action taken in good faith.
15 Amendment of Act 52 of 1974.
16 Repeal and saving.
An Act to provide for detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs and psychotropic substances and for maters connected therewith.
Whereas illicit traffic in narcotic drugs and psychotropic substances poses a serious threat to the health and welfare of the people and the activities of persons engaged in such illicit traffic have a deleterious effect on the national economy ;
And whereas having regard to the persons by whom and the manner in which such activities are organized and carried on, and having regard to the fact that in certain areas which are highly vulnerable to the illicit traffic in narcotic drugs and psychotropic substances, such activities of a considerable magnitude are clandestinely organized and carried on, it is necessary for the effective prevention of such activities to provide for detention of persons concerned in any manner therewith.
Be it enacted by Parliament in the Thirty ninth Year of the Republic of India as follows:-
1. Short title, extend and commencement: - (1) This Act may be called the prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 4th day of July 1988.
2. Definitions: - In this Act, unless the context otherwise requires, -
(a) “appropriate Government” means, as respects a detention order made by the Central Government or by an officer of the Central Government, or a person detained under such order, the Central Government and as respects a detention order made by a State Government or by an officer of a State Government, or a person detained under such order, the State Government;
(b) “Customs airport” means any airport appointed under clause (a) of Section 7 of the Customs Act, 1962 (52 of 1962) to be a customs airport;
(c) “detention order” means an order made under Section 3;
(d) “foreigner” has the same meaning as in the Foreigners Act, 1946 (31 of 1946) ;
(e) “illicit traffic”, in relation to narcotic drugs and psychotropic substances, means –
(i) cultivating any coca plant or gathering any portion of coca plant ;
(ii) cultivating the opium poppy or any cannabis plant ;
(iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transshipment, of narcotic drugs or psychotropic substances.
(iv) Dealing in any activities in narcotic drugs or psychotropic substances other than those provided in sub-clauses (i) to (iii) ; or
(v) Handling or letting any premises for the carrying on any of the activities referred to in sub-clauses (i) to (iv) ;
Other than those permitted under the Narcotic Drugs and Psychotropic Substances Act, 1985, (61 of 1985) or any rule or order made, or any condition of any licence, term or authorization issued, thereunder and includes –
(1) financing, directly, or indirectly, any of the aforementioned activities;
(2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and
(3) harbouring persons engaged in any of the aforementioned activities;
(f) “Indian customs waters” has the same meaning as in clause (28) of Section 2 of the Customs Act, 1962 (52 of 1962) ;
(g) “State Government”, in relation to a Union territory, means the Administrator thereof;
(h) words and expressions used herein but not defined, and defined in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), have the meanings respectively assigned to them in that Act.
3. Power to make orders detaining certain persons:- (1) The Central Government or a State Government, or any officer of the Central Government, not below the rank of a Joint Secretary to that Government, specially empowered for the purposes of this section by the Government, or any officer of a State Government, not below the rank of a Secretary to that Government, specially empowered for the purposes of this section by that Government, may, if satisfied, with respect to any person (including a foreigner) that, with a view to preventing him from engaging in illicit traffic in narcotic drugs and psychotropic substances, it is necessary so to do, make an order directing that such person be detained.
(2) When any order of detention is made by a State Government or by an officer empowered by a State Government, the State Government shall, within ten days, forward to the Central Government a report in respect of the order.
(3) For the purposes of clause (5) of Article 22 of the Constitution, the communication to a person detained in pursuance of a detention order of the grounds on which the order has been made shall be made as soon as may be after the detention, but ordinarily not latter than five days, and in exceptional circumstances and for reasons to be recorded in writing, not later than fifteen days, from the date of detention.
4. Execution of detention orders: - A detention order may be executed at anyplace in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure 1973, (2 of 1974).
5. Power to regulate place and conditions of detention: - Every person in respect of whom a detention order has been made shall be liable –
(a) to be detained in such place and under such conditions as to maintenance, interviews or communication with others, discipline and punishment for breaches of discipline, as the appropriate Government may, by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention, whether within the same State or in another State by order of the appropriate Government ;
Provided that no order shall be made by State Government under clause (b) for the removal of a person from one State to another State except with the consent of the Government of than other State.
6. Grounds of detention severable:- Where a person has been detained in pursuance of an order of detention under sub-section (1) of Section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly-
(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are –
(i) vague,
(ii) non-existent,
(iii) not relevant,
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reason whatsoever, and it is not therefore possible to hold that the Government or officer making such order would have been satisfied as provided in sub-section (1) of Section 3 with reference to the remaining ground or grounds and made the order of detention ;
(b) The Government or officer making the order of detention shall be deemed to have made the order of detention under the said sub-section (1) after being satisfied as provided in that sub-section with reference to the remaining ground or grounds.
7. Detention orders not to be invalid or inoperative on certain grounds:-
(a) that the person to be detained there under is outside the limits of the territorial jurisdiction of the Government or the officer making the order of detention; or
(b) That the place of detention of such person is outside the said limits.
8. Powers in relation to absconding persons: - (1) If the appropriate Government has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that Government may –
(a) make a report in writing of the fact to a Metropolitan Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of Sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate ;
(b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under clause (b) of sub-section (1) shall be cognizable.
9. Advisory Boards: - For the purposes of sub-clause (a) of clause (4) and sub-clause (c) of clause (7) of Article 22 of the Constitution,-
(a) the Central Government and each State Government shall, whenever necessary, constitute one or more Advisory Boards each of which shall consist of a Chairman and two other persons possessing the qualifications specified in sub-clause (a) of clause (4) of Article 22 of the Constitution ;
(b) save as otherwise provided in Section 10, the appropriate Government shall, within five weeks from the date of detention of a person under a detention order, make a reference in respect thereof to the Advisory Board constituted under clause (1) to enable the Advisory-Board to make the report under sub-clause (a) of clause (4) of Article 22 of the Constitution.
(c) The Advisory Board to which a reference is made under clause (b) shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned, and if, in any particular case, it considers essential so to do or if the person concerned desires to be heard in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within eleven weeks from the date of detention of the person concerned ;
(d) When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board ;
(e) A person against whom an order of detention has been made under this Act shall not be entitled to appear by any legal practitioner in any mater connected with the reference to the Advisory Board and the proceedings of the Advisory Board and its report, excepting that part of the repot in which the opinion of the Advisory Board is specified, shall be confidential ;
(f) In every case where the Advisory Boards has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit and in every case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith.
10. Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board : (1) Notwithstanding anything contained in this Act, any person (including a foreigner) in respect of whom an order of detention is made under this Act at any time before the 31st day of July, 1990, may be detained without obtaining, in accordance with the provisions of sub-clause (a) of clause (4) of Article 22 of the Constitution, the opinion of an Advisory Board for a period longer than three months but not exceeding six months from the date of his detention, where the order of detention has been made against such person with a view to preventing him from engaging in traffic in narcotic drugs and psychotropic substances, and the Central Government or any officer of the Central Government, not below the rank of an Additional Secretary to that Government, specially empowered for the purposes of this section by that Government, is satisfied that such person engages or is likely to engage in illicit traffic in narcotic drugs and psychotropic substances into, out of, through or within any area highly vulnerable to such illicit traffic and makes a declaration to that effect within five weeks of the detention of such person.
Explanation 1: In this sub-section, “area highly vulnerable to such illicit traffic” means –
(i) The Indian customs waters;
(ii) the customs airports ;
(iii) the metropolitan cities of Bombay, Calcutta, Delhi, Madras and the City of Varanasi ;
(iv) the inland area one hundred kilometres in width from the coast of India falling within the territories of the States of Andhra Pradesh, Goa, Gujarat, Karnataka, Kerala, Maharashtra, Orissa, Tamil Nadu and West Bengal and the Union territories of Daman and Diu and Pondicherry.
(v) The inland area one hundred kilometres in width from –
(a) the India-Pakistan border in the States of Gujarat, Punjab and Rajasthan ;
(b) the India-Nepal border in the States of Bihar, Sikkim, Uttar Pradesh and West Bengal ;
(c) the India-Burma border in the States of Arunachal Pradesh, Manipur, Mizoram and Nagaland ;
(d) the India-Bangladesh border in the States of Assam, Meghalaya, Tripura and West Bengal;
(e) the India-Bhutan border in the states of Arunachal Pradesh, Assam, Sikkim and West Bengal ;
(vi) such other area or customs station, as the central Government may, having regard to the vulnerability of such area or customs station, as the case may be, to illicit traffic, by notification in the Official Gazette, specify in this behalf.
Explanation 2 :- For the purposes of Explanation 1. “Customs station” has the same meaning as in clause (13) of Section 2 of the Customs Act, 1962 (52 of 1962).
(2) In the case of any person detained under a detention order to which the provisions of sub-section (1) apply, Section 9 shall have effect subject to the following modifications, namely :-
(i) in clause (b), for the words “shall, within five weeks”, the words” shall, within four months and two weeks” shall be substituted ;
(ii) in clause (c), -
(a) for the words “the detention of the person concerned” the words “the continued detention of the person concerned” shall be substituted ;
(b) for the words “eleven weeks”, the words “five months and three weeks” shall be substituted ;
(iii) in clause (f), for the words “for the detention” at both the places where they occur, the words “for the continued detention” shall be substituted.
11. Maximum period of detention:- The maximum period for which any person may be detained in pursuance of any detention order to which the provisions of Section 10 do not apply and which has been confirmed under clause (f) of Section 9 shall be one year from the date of detention, and the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of Section 10 apply and which has been confirmed under clause (f) of Section 9, read with sub-section (2) of Section 10, shall be two years from the date of detention :
Provided that nothing contained in this section shall affect the power of appropriate Government in either case to revoke or modify the detention order at any earlier time.
12. Revocation of detention orders :- (1) Without prejudice to the Provisions of Section 21 of the General Clause Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified –
(a) notwithstanding that the order has been made by an officer of a State Government, by that State Government or by the Central Government ;
(b) notwithstanding that the order has been made by an officer of he Central Government or by a State Government, by the Central Government.
(2) The revocation of a detention order shall not bar the making of another detention order under Section 3 against the same person.
13. Temporary release of persons detained:- (1) The Central Government may, at any time, direct that any person detained in pursuance of detention order made by that Government or by an officer subordinate to that Government or by a State Government or by an officer subordinate to a State Government, may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.
(2) A State Government may, at any time, direct that any person detained in pursuance of a detention order made by that Government or by an officer subordinate to that Government may be released for any specified period either without conditions or upon such conditions specified in the direction as the person accepts, and may, at any time, cancel his release.
(3) In directing the release of any person under sub-section (1) or sub-section (2), the Government directing the release may require him to enter into a bond with sureties for the due observance of the conditions specified in the direction.
(4) Any person released under sub-section (1) or sub-section (2) shall surrender himself at the time and place, and to the authority, specified in the order directing his release, or canceling his release, as the case may be.
(5) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section(4), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(6) If any person released under sub-section (1) or sub-section (2) fails to fulfill any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.
(7) Notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this Act is in force shall be released whether on bail or bail bond or otherwise.
14. Protection of action taken in good faith:- No suit or other legal proceeding shall lie against the Central Government or a State Government and no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of this Act.
15. Amendment of Act 52 of 1974 : In Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, to sub-section (1(), the following proviso shall be added, namely :-
“Provided that no order of detention shall be made on any of the grounds specified in this sub-section on which an order of detention may be made under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 or under Section 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (J & K. Ordinance 1 of 1988)".
16. Repeal and Saving :- (1) The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Ordinance 1988 (Ord. 7 of 1988) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
* * *
NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCES
Sharada avadhanam i/c DD[FS]
§
Narcotics Identification
Well known for their medical use of relieving severe pain. Most of the drugs in this category are administered orally or through intramuscular injection.
Ex. - Heroin, Opium, Morphine, and Codeine.
Withdrawal symptoms such as watery eyes, runny nose, yawning and perspiration will develop only six to eight hours following the last use of the drug. Within 48 to 72 hours, more severe withdrawal symptoms may develop, including restlessness, irritability, appetite loss, tremors, stomach cramps, diarrhea, and chills alternating with excessive sweating.
It may take one to two weeks for the body to return to "normal."
PSYCHOTROPIC SUBSTANCES
STIMULANTS
Amphetamine eg. Benzedrine, Dexedrine
Non-Amphetamine eg. Ritaline, Preludin
Combination Products eg. Desbutal, Dexamyl
DEPRESSANTS
Barbiturates eg. Amobarbital, Butabarbital
Tranquilizers eg. Diazepam, Tidigesic
Methaqualone also known as Mandrax Tablets
HALLUCINOGENS eg. LSD, Mescaline`
Fields of
Marijuana Marijuana Bud Marijuana Plant
HASHISH (CNS Drug) extracted from Cannabis (Grass, Pot, Weed, Ganja)
v Produces feeling of contentment & relaxation.
v Most people smoke or mix with food & drink
v The active chemical in Hashish is the (Tetra Hydro Cannabinol - THC)
v Large amounts may produce hallucinations & delusions (false perceptions of reality.
v Produced domestically in HP, Western Ghats in Kerala/TN & Parts of A.P. (Warangal, Kurnool, Nalgonda, Medak, Mahabbobnagar, Vizianagaram, Visakhapatnam, East Godavari, Khammam, and Adilabad District.
Marijuana is a drug that produces psychological and physical effects. It is made from the dried leaves and flowering tops of the hemp plant. Users commonly smoke marijuana in cigarettes or pipes.
Marijuana identification
Marijuana is the second most popular drug with youth. It consists of the leaves, flowers, stems, and seeds of the cannabis plant, which are dried and chopped into small amounts. Marijuana can also be found as Sinsemilla, the potent flowering tops of the female marijuana plant.
Commonly referred to as grass, pot, weed, Acapulco Gold, ganja, and smoke, marijuana is usually sold and stored in small plastic bags, aluminum foil, or small rolled cigarettes. Marijuana is usually smoked in hand-rolled cigarettes called "joints," and has a strong, pungent odor when smoked. Once the marijuana cigarette is partially smoked, it is often held by a small clip called a "roach clip." (Roach clips are made from many items, such as tweezers or electrical clips.) The leaves can also be smoked in small wooden pipes or water-filled pipes called "bongs." And finally, marijuana can also be blended into food, then cooked and eaten, most often in brownies.
Marijuana
Paraphernalia associated with marijuana includes pipes, bangs, rolling papers, plastic bags, roach clips, "stash boxes" (decorative boxes designed to conceal and store marijuana), and eye drops and breath fresheners used to cover up signs of use of the drug.
In low doses, marijuana can induce restlessness, a dreamy state of relaxation, red or bloodshot eyes, and increased appetite. Stronger doses can cause shifting sensory images, rapidly fluctuating emotions, a loss of self-identity, fantasies, and hallucinations or image distortions.
Heroin identification
The most dangerous and addictive narcotic is heroin. Addicts often resort to crimes such as burglary, grand theft, robbery, or prostitution to support their habits.
Sometimes called black tar, mud, smack, China white, or Mexican brown, heroin is derived from opium poppies. In its powder form, it may range in color from white to a very dark brown. The most popular form is a dark tar-like substance called black tar, which is sold in small foil or cellophane packets or in small toy balloons.
The most common use is by injection (called "mainlining" or "shooting"), but in its powder form it can be inhaled through the nose or smoked. Paraphernalia for injecting heroin include hypodermic needles, small cotton balls used to strain the drug, and water and spoons or bottle caps used for "cooking" or liquefying the heroin. Paraphernalia for inhaling or smoking heroin includes razor blades, straws, rolled dollar bills, and pipes. The high from the drug usually lasts from four to six hours.
OPIUM POPPY
v Dried Poppy
v Raw Dried Opium (Brownish Powder)
v Dried Yellow Power (Morphine)
v Heroine (Refined Opium)
The Opium poppy is a plant used to produce opium, a drug that is the source of heroin and several medicines.
The poppy Papaver somniferum is the main source of non-syntheticnarcotics
poppy Papaver
COCAINE
v Made from the leaves of Coca shrub of South America (Hq. Colombia).
v Illegal use increased since 1970s.
v Users seek the feeling of intense pleasure, known as ‘high’.
v Cocaine is a white powder (Cocaine Hydrochloride Stimulates) CNS.
v Increases sudden heart rate and BP
v Produces a feeling of euphoria (a sense of well-being)
v
v People feel alert & powerful and their thinking seems to be better & cleverer.
v People feel depressed after 40 minutes & take another dose
Cocaine
Identification is the main source of
It is a white chunky powder and is often called coke, blow, white, snow, snort, flake, nose candy, hubba, or cane. It is sent most often in aluminum foil, plastic or paper packets, or small vials. It is usually chopped into a fine powder with a razor blade on a small mirror or some other hard surface, arranged into small rows called "lines," then quickly inhaled (or "snorted") through the nose with a short straw or rolled up paper money. It can also be injected into the blood stream.
The high from a typical inhaled dose lasts for about 20 minutes. During this time the user may appear very alert, confident, energetic, and stimulated; physical signs include dilated eyes and a runny nose, and little or no appetite. The high from cocaine is followed by profound depression, an intense desire for another dose of the drug, mental fatigue, restlessness, and irritability. An overdose can cause extreme agitation, respiratory failure, heart failure, or death.
Stimulants Identification
Young people use stimulants to feel stronger, more energetic, and more decisive. Legally prescribed by doctors for weight loss, hyperactive children, or a rare disease called narcolepsy.
Examples - amphetamines, methamphetamines, Ritaline and Preludine. Cocaine and rock cocaine or crack, Ice.
Symptoms - seem exhilarated and hyperactive, dilated pupils, little or no appetite. Other symptoms may include irritability, anxiety, apprehension, and insomnia.
Large doses can cause repetitive grinding of the teeth, weight loss, touching and picking of the face, and paranoia. An overdose can result in dizziness, tremors, agitation, panic, hostility, abdominal cramps, chest pains and palpitations. Extreme overdoses can result in cardiac arrest, strokes or death.
The signs of withdrawal are profound depression, apathy, fatigue, long periods of sleep, a lingering impairment of perception, disorientation, and anxiety.
Depressants are often medically prescribed by doctors to treat anxiety, tension, insomnia, muscle spasms, and irritability.
Drugs included in this classification are chloral hydrate, barbiturates, glutethimide, methaqualone (Quaaludesr), benzodiazepines, and antianxiety or sedative drugs such as Valium, Miltown, and Equanil. These are produced in pill or capsule form.
User may appear to be in a state of intoxication much like that of alcohol, with impaired judgement, inebriation, slurred speech, and loss of motor coordination. Other symptoms include a weak and rapid pulse, slow or rapid but shallow breathing, and cold and clammy skin.
DRUG ADDICTS USE BY
v Snorting / Sniffing
v Skin Popping (injection under skin)
v Main-lining (intra-venous)
v It provides a feeling of joy & relief
v Withdrawal symptoms are body aches, Diarrhoea, muscle cramps, nausea.
v Use of injections, cause AIDS, hepatitis, malnutrition, pneumonia & skin diseases.
v Babies born to addicts are to be treated for withdrawal treatment.
v
v
v
Precursors of concern to South Asia:
Ephedrine
Pseudo ephedrine
Acetic anhydride
Anthranilic acid.
* * *
DRUG LAW ENFORCEMENT
Complied by
- Sri Rajiv Trivedi, IPS,
Addl. Secretary, Home Dept., Hyd.
Intelligence gathering may be defined as deliberately setting out to collect information from a variety of sources, both overt and covert so that is as systematic and complete as possible; forming a picture, and interpreting the meaning of that picture and putting it to use, so that a clear understanding of the problem exists.
It is only with such a clear and comprehensive understanding of the problem that plans can be made, priorities selected, and operations conducted.
Uses of the intelligence
· Pool of information on which policy can be based.
· Tactically useful nationally and internationally.
· Coordination and understanding between various law enforcing agencies.
· Successful law enforcement interventions.
Type of information that should be collected.
1. Places and persons from which drug supplies emanate.
2. Transport routes and identification of couriers.
3. Places where bulk supplies are stored, refined or produced.
4. Organization of retail trade.
5. Means of communication, financing transport and manufacture.
6. Information important to the assessment of the effectiveness of policies and laws.
Another way of classifying intelligence is:
1. Tactical: i.e. something which leads directly to an arrest.
2. Operational: i.e. collection of information in support of an enforcement operation.
3. Strategic: strategic intelligence is a blending of facts and analysis to produce informal judgements on major aspects of the national and international drug situation. It addresses the large issues with which policy makers and managers are concerned.
Intelligence process
Five interrelated steps:
1. Information collection
2. Evaluation
3. Collation
4. Analysis
5. Dissemination
This process subjects the accumulated information to rigorous examination. The result of this examination is the product that is called intelligence.
Intelligence process
1. Information collection:
§ Raw information on the activities of suspected persons can be done covertly or / and overtly.
§ Overtly through
§ newspaper reports, public talk, reports of hospitals, other agencies, profession and their associates places they visit vehicles they use etc.
§ Covertly through:
Ø Physical surveillance
Ø Electronic surveillance (provides the information needed to link a suspect to a criminal act).
2. Evaluation:
- Of information for its accuracy and utility in an investigation.
Factors:
- Reliability of source
- Timing of the information.
Intelligence process
3. Collation:
- Consists of organizing information or raw date into some logical sequence or patterns by which the criminal activity can be understood.
§ Drug trafficking is a continuing activity; it cannot be analyzed at a single point in time, but must be analyzed as a process or an operation.
§ Information comes from different sources of varying reliability. It also comes in non-chronological order and will often involves several operations, individuals or incidents. The data must therefore be rearranged in such a manner as to make those important relationships discernible.
4. Analysis:
- Involves piecing together of bits of information and conversion of information into finished intelligence
5. Dissemination:
- Reporting of the intelligence. A report must clearly distinguish between known and verified facts and he assumptions of investigators and analysis.
- Concern for confidentiality.
- Need to know principle.
We shall now see the analysis of information in some detail
Indexing
Link charts
Guidelines regarding handling and development of informant
1. Sympathize with the informant on any difficulties that may be experienced and show appreciation for information;
2. Do not disregard information;
3. Ask for information that is already known in order to verify the informants reliability;
4. Promote motives like rewards that cause the informant to assist they investigator/give information regularly;
5. Avoid questions that unnecessarily embarrass the informant or that offend the informants sense of decency;
6. Maintain control of the interview and avoid arguments;
7. Upon termination of the interview, obtain information in order to make subsequent contacts.
Listed below are some suggested questions the investigator should attempt to find answers to when interviewing an informant or potential informant;
(A) What is his motivation
(B) Has the informant been reliable in the past
(C) How intelligent is the informant
(D) How does he know about the violation
(E) Does he have a personal interest
(F) Does he have direct knowledge relative to the information
(G) Does he have access to additional related information
(H) Does he have reasons to be vengeful towards the violator
(I) Does he have experience enough to report the information accurately
(J) Is he with holding some of the information
(K) Has he fabricated information in the past
(L) Is he willing to testify in court?
Things to remember
i. On receipt of information, the concerned officer should reduce the information in writing and bring it to the notice of his superiors.
ii. If there is not time for sending the recorded information to the superior then a telephonic message may be passed on to the next superior and confirmed by letter.
iii. On effecting the seizure the concerned officer should try to process the papers, on priority basis for sanctioning the reward to the informant and should keep a record of all payments of rewards to the informant, in the prescribed register.
* * *
GOVERNMENT OF INDIA – MINISTRY OF FINANCE DEPARTMENT OF
REVENUE, NARCOTICS CONTROL BUREAU, NEW DELHI, THE 13TH June, 1989
STANDING ORDER NO. 1/89
(As modified vide NCB’s communication No. 1/13/9-NCB (Legd), dt.5-2-96)
“Whereas the Central Government considers it necessary and expedient to determine the manner in which the Narcotic Drugs and Psychotropic Substances. As specified in Notification No. 4/89 dated the 29th May, 1989 (F. No. 664/23/89-Opium, published as S.O. 381 (E)) which shall, as soon as may be, after their seizure, be disposed of, having regard to their hazardous nature, vulnerability to theft, substitution and constraints of proper storage space”.
Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 52 A of the Narcotic Drugs and Psychotropic substances act, 1985 (61 of 1985). (here in after referred to as ‘the Act’), the Central Government hereby determines that the drugs specified in the aforesaid Notification shall be disposed of in the following manner, namely:
Drugs specified in Notification No. 4/89.
Section – I
Drugs meant for disposal
1. Narcotic Drugs:
1) Opium
2) Morphine
3) Heroin
4) Ganja
5) Hashish (charas)
6) Codeine
7) The baine
8) Cocaine
9) Poppy straw; and
10) Any other manufactured drug, as defined under clause (xi) of Section 2 of the Act.
2. Psychotropic Substances:
1) Methaqualone
2) T.H.C
3) Amphetamine, and
4) Any other psychotropic substance, as defined under clause (xxiii) of Section 2 of the said Act.
Section – II
General Procedure for Sampling, Storage, etc.
2.1 Sampling, classification, etc., of drugs: - All drugs shall be properly classified, designed and sampled on the spot of seizure.
2.2 Drawal of samples: - All the packages / containers shall be serially numbered and kept in lots for sampling. Samples from the narcotic drugs and psychotropic substances seized shall be drawn on the spot of recovery, in duplicate, in the presence of search witnesses (Panchas) and a mention to this effect should invariably be made in the panchanama drawn on the spot.
2.3 Quantity to be drawn for the sampling: - The quantity to be drawn in each sample for chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances save in the cases of opium, ganja and charas (hashish) where a quantity of 24 grams in each case is required for chemical test. The same quantities shall be taken for the duplicate sample also. The seized drugs in the packages / containers shall be well mixed to make it homogeneous and representative before the sample (in duplicate) is drawn.
2.4 Method of drawal (a) Single container / Package: In the case of seizure of a single package / container, one sample in duplicate shall be drawn. Normally, it is advisable to draw one sample (in duplicate) from each package/ container in case of seizure of more than one package / container.
2.5 (b) Bunch of Packages / Container:- However, when the packages/ containers seized together are of identical size and weight, bearing identical markings and the contents of each package given identical results on color test by the drug identification kit, conclusively indicating that the packages are identical in all respects, the packages/ containers may be carefully bunched in lots of 10 packages/containers except in the case of ganja and hashish (charas). Where it may be bunched in lots of 40 such packages/ containers. For each such lot of packages/containers, one sample (in duplicate) may be drawn.
2.6. Bunching for (i) Hashish and Ganja:- Where after making such lots, in the case of hashish and ganja, less than 20 packages / containers remain, and in the case of other drugs, less than 5 packages / containers remain, no bunching would be necessary and no samples need be drawn.
2.7. (ii) Other Drugs:- If such remainder is 5 or more in the case of other drugs and substances and 20 more in the case of ganja and hashish, one more sample (in duplicate) may be drawn for such remainder packages /containers.
2.8. Drawal of representative samples:- While drawing one sample (in duplicate) from a particular lot, it must be ensured that representative sample in equal quantity is taken from each package / container of that lot and mixed together to make a composite whole from which the samples re drawn for that lot.
2.9. Storage of samples – procedure :- The sample in duplicate should be kept in heat sealed plastic bags as it is convenient and safe. The plastic bag container should be kept in a paper envelope which may be sealed properly, such sealed envelope may be marked as original and duplicate. Both the envelopes should also hear the S.No. of the package(s) / container(s) from which the sample has been drawn. The duplicate envelope containing the sample will also have a reference of the test memo. The duplicate envelope containing the sample will also have a reference of the test memo. The seals should be legible. This envelope along with test memos should be kept in another envelope which should also be sealed and marked 'Secret-drug Sample / Test Memo', to be sent to the chemical laboratory concerned.
3.0 Despatch of samples for testing – To whom to be sent?:- The seizing officers of the Central Govt. Depts, viz., Customs, Central Excise, Central Bureau of Narcotics, Narcotics Control Bureau, Directorate of Revenue Intelligence, etc., should despatch samples of the seized drugs to one of the Laboratories of the Central Revenues Control Laboratory nearest to their offices depending upon the availability of test facilities. The other Central Agencies like BSF, CBI and other Central Police Organisations may send such samples to the Director, Central Forensic Laboratory, New Delhi. All State Enforcement Agencies may send samples of seized drugs to the Director / Deputy Director / Assistant Director of their respective State Forensic Science Laboratory.
3.1 Preparation of Inventory: After sampling, detailed inventory of such packages / containers shall be prepared for being enclosed to the panchanama. Original wrappers shall also be preserved for evidentiary purposes.
Section – III
Receipt of Drug in Godowns and Procedure
3.2. Custody of drugs in godowns – storage procedure: - All drugs shall in variably be stored in safes and vaults provided with double-locking system. Agencies of the Central and State governments, may specifically designate their godowns for storage purpose. The godowns should be selected keeping in view their security angle, juxtaposition of courts, etc.
3.3. Maintenance of godown and procedure for deposit of drugs:- such godowns, as a matter of rule, shall be placed under the over-all supervision and charge of a Gazetted Officer of the respective enforcement agency, who shall exercise utmost care, circumspection and personal as far as possible. Each seizing office shall deposit the drugs fully packed and sealed in the godown within 48 hours of such seizing, with a forwarding memo indicating NDPS Crime No. as per Crime and Prosecution (C&P Register) under the new law, name of the accused, reference of test memo, description of the drugs, total no. of packages/containers etc.
3.4 Acknowledgement to be obtained: - The seizing officer, after obtaining an acknowledgement for such deposit in the format (Annexure-I), shall hand over such acknowledgement to the investigating officer of the case along with the case dossiers for further proceedings.
3.5 Action to be taken by Godown –in-charge before acceptance of drugs for deposit: - The Officer –in-Charge of the godown, before accepting the deposit of drugs, shall ensure that the same are properly packed and sealed. He shall also arrange the packages / containers) (case-wise and lot-wise) for quick retrieval, etc.
3.6 Maintenance of godown register: - The godown-in-charge is required to maintain a register wherein entries of receipt should be made as per format at Annexure – II.
3.7 Inspection by Inspecting Officers: - It shall be incumbent upon the Inspecting Officers of the various Departments mentioned at Annexure-II to make frequent visits to the godowns for ensuring adequate security and safety and for taking measure for timely disposal of drugs. The Inspecting officers should record their remarks/observations against Col. 15 of the Formal at Annexure – II.
3.8 Prescription of periodical reports and returns: - The Heads of the respective enforcement agencies (both Central and State Government) may prescribe such periodical reports and returns, as they may deem fit. To monitor the safe receipt, deposit, storage, accounting and disposal of seized drugs.
* * *
INFORMATION ON NARCOTICS CONTROL BUREAU
v The administration of the NDPS Act, 1985, as was with the predecessor Acts namely the Opium Act and the Dangerous Drugs Acts falls within the domain of the Dept. of Revenue, in the Ministry of Finance. Various enforcement agencies under the Central Government namely the BSF, Customs & Central Excise, Dept. of Revenue Intelligence, Central Bureau of Narcotics and the central Economic Intelligence Bureau are involved in the administration of this Act. Most of these agencies or under the Department of Revenue itself.
v The State enforcement agencies namely the State Police are involved in the administration of the NDPS Act, as also certain other agencies of State Government namely the State Excise and Drugs Control Department. In order to achieve the coordination of the multiple disciplines, Narcotics Control Bureau was created under the authority of Section 4 of the aforesaid Act, by a Government notification of 17.3.1986.
v The Bureau's responsibilities include administrative coordination with different Union Ministries, State Government Departments and the various Central and State Law Enforcement agencies for effective implementation of the various regulatory, prohibitory penal and administrative provision of the NDPS Act.
v The Bureau also acts as the nodal agency for intelligence and enforcement organizations on the one side and the international, regional and friendly-foreign enforcement agencies on the other side.
v The anti-drug laws were further tightened with the enactment of the prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act in 1988. This act provides for preventive detention of drug traffickers.
v During the period (upto December, 1994) a total quantity of 232,758 kg. of prohibited narcotic drugs and psychotropic substances were seized in the country and 13826 persons including 122 foreigners were arrested for various offences under the NDPS Act.
v Besides, 788 acres of illicit cannabis cultivation were also identified, located and destroyed during this period.
v Five clandestine Laboratories manufacturing heroin and Mandrax were also busted during the period.
v The heroin seizures during the period upto December, 1994 registered a marginal decline due to the combined impact of law Enforcement effort in India and emergence of new routes.
v Areas along Pakistan border in Punjab, J&K, Rajasthan and Coastal areas of Gujarat have become active during this period. Seizure on Indo-Pak border of SWA heroin increased by 150 percent and SWA hashish increased by 139 percent during the period.
v Trafficking of SEA Heroin in the North Eastern region of India continued during the period. The pattern of trafficking in small quantities and in personal baggage remains unchanged, but it appears that considerable volume is coming to meet the increasing demand of drug abusers in the region. Effective counter measures have been taken to prevent smuggling of Acetic Anhydride across the Indo-Myanmar border and infrastructure in the region is also being strengthened.
v Trafficking of hashish and ganja continued on the Indo-Nepal border. Narcotics continued to be smuggled from India to Sri Lanka.
v The coastal area between Ramnad and Tuticorin as also the Airports at Madras, Trichy and Trivandrum were the exit points.
v During the period upto December, 1994 the enforcement agencies have made an excellent effort and seized 41,588 kg of methaqualone in 391 cases as compared to 15,004 kg in 283 cases in 1993, Large consignments were brought from Gujarat for onward export the Sri Lanka.
v Acetic Anhydride which is a controlled chemical substance under the NDPS Act, recorded a seizure of 43,270 ltrs. In 1994 as against 19,758 ltrs. in 1993.
v The quantities of major drugs seized during 1993 - 1994 are as below:—
v 1994 (upto Dec.)
v No. of seized Qty. (Kg.)
v cases No. of seized Qty. (Kg.)
v Opium 1089 2184 1679 3011
v Heroin 2950 966 3383 1088
v Ganja 6065 181164 5214 98867
v Hashish 2298 6806 2827 8238
v Methaqualone 391 41588 283 15004
v Operations against illicit ganja growth/wild growth resulted in the destruction of 954 tons of ganja plants on an area of 763 acres during this period. Disposal of seized narcotic drugs and psychotropic substances because of their hazardous nature and vulnerability to theft, substitution and abuse is of great importance. During the period as much as 17488 kg of these substances were destroyed.
v As usual India played a prominent role in various international meetings and seminars Indian delegates actively participated in the following major international meetings/seminars/conference-I.
o 37th Session of the Commission of Narcotic Drugs, Vienna, 13-22 April 1994.
o World Conference on International Heroin Trafficking. Organized by Interpol Washington (USA) 17-19 May, 1994.
o Asia Pacific conference on Drug Abuse Sydney (Australia) 29th May-2nd June, 1994.
o World Conference on illicit Trafficking of Methaqualone. Sun City (South Africa) - 21-28 August 1994.
o 4th International Meeting on Psychotropic Substances & Precursor Chemicals. France 30 Aug. - 1 Sept. 1994.
o 19th Meeting of the Heads of National Drug Law Enforcement Agencies (HONLEA). Wellington, New Zealand 13-19 No. 1994.
o 9th Meeting of SAARC Tech. Committee in Dhaka from 26 to 29 Nov. 1994.
o Meeting on Drug Abuse control and smuggling of Drugs into India held in Yangon (Myanmar) and from 18.12.94 to 25.12.94.
o Bilateral meeting at Islamabad (Pakistan) from 14-19 January, 1995.
v Besides the above, fifth meeting of the US Indian Joint Working Group on Narcotics was held in New Delhi on March 16-17, 1994.
v The US Delegation was headed by Mr. Crease CIO Arcos Deputy Assistant Secretary of State for International Narcotics Matters. Director General, Narcotics Control Bureau, led the Indian delegation.
v Both sides recognized that illegal trafficking in narcotics continues to be a serious international problem and pledged their governments support to continue to attack it at all levels.
v 11th SAARC Training workshop for middle rung law enforcement officers was organized by Narcotics Control Bureau at New Delhi from 19th to 23rd July 1994. Delegates from Bangladesh, Nepal, Pakistan and Sri Lanka attended the workshop besides India.
v Narcotics Control Bureau has taken the lead in imparting drug law enforcement training to the personnel of various enforcement agencies through the Customs & Excise and Police Training Organisations of States and Centre.
v Financial assistance made available from UNDCP and the Government of India were provided to these institutes for organizing training courses besides providing them with course modules, training literature and resource persons.
v The PIT NDPS Act provides for a maximum of 2 years preventive detention for drug traffickers. The PIT NDPS Cell is responsible for issuing detention orders and coordination on all matters with regard to preventive detentions in Narcotics cases.
v During the year 1994, 74 detention orders were made by the Central Government and 62 persons were detained. Besides 117 detention orders were issued by the State Governments and 89 persons were detained.
* * *
DRUG TRAFFICKING Police Standing Order from APPM
(CHAPTER 30, PSO 539 (P.564 to 571) of APPM – Part-I, Vol.II)
539-1. The offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985 are heinous in nature and directly or indirectly amount to poisoning large number of people to ultimate death. This crime is a serious threat to the life of the victims and poses a danger to society at large. The Police Agencies all over the world are fighting this crime. As a result of UN Conventions on the issues relating to drugs several countries have brought about more or less similar legislations to deal with this crime. The NDPS Act has replaced the Opium Act and the Dangerous Drugs Act. The Act has provided for deterrent punishment by providing for imprisonment up to 20 years and fine up to Rs. 2 lakh. Section 35 provides for presumption of culpable mental state on the part of accused from whose possession narcotic drugs are seized. Several departments are empowered to deal with these cases including the police. The offences under this Act are cognizable and non-bailable.
A. All first class Magistrates and all Gazetted officers of departments empowered to deal with these cases are competent to search any suspected premises either by themselves or issue warrants to persons above the rank of an attender or a constable for search.
B. In cases of emergency, the persons who are entitled to search by virtue of warrant issued by those Gazetted officers are competent to search even without a warrant but should report searches and seizure if any immediately to such officers competent to issue warrants.
C. But for the special procedure for investigation provided in the Act, the police have to adopt the same procedure as laid down in Chapter 12 of Cr.P.C.
D. There are two different procedures for searches and seizures. While the search of premises is to be carried out as laid down above, different procedure is prescribed for search of persons. When a person is to be searched, he must be informed in writing whether he would like to be searched by the police officer conducting the search or in the presence of a Gazetted officer or a Magistrate (section 50). If he opts for taking him to a Gazetted officer or a Magistrate, the person conducting the search can detain him till such time.
E. Any Gazetted officer or any person entrusted with the warrant by a Gazetted officer or when such person in case of emergency conducts search without warrants, if the above persons are not SHOs, they shall forward the arrested person and the material seized without un-necessary delay to the officer in charge of the nearest police station (section 52) and the officer in charge shall take charge of and keep in safe custody such articles pending the orders of a magistrate (section 55). The arrested person shall be re-arrested and forwarded to the nearest magistrate for remand (section 43 Cr.P.C.).
F. The failure on the part of the officer in charge of the police station to follow the above procedure (order 680-1-5) or refusal to take charge of such person or material will render him liable for punishment up to one year or fine or both (section 59 NDPS Act)
2. Sections 15 to 32 of the NDPS Act lay down the punishments for various offences. Most offences except possession of small quantity for personal consumption are punishable with minimum of 10 years and a maximum of 20 years of imprisonment. Section 27, which deal with possession of small quantity for personal consumption has lesser punishment. The thrust of the Act is on trafficking, which include cultivation, manufacture, transport, export and import of the drugs and their distribution. The Act also provides for forfeiture of property derived from, used in, illicit traffic in narcotics for which detailed procedure has been laid down in sections 68-A to 68-Y. Section 52-A permits disposal of seized property after taking an inventory and photographs which can be accepted as evidence as they are certified by the concerned Magistrate.
3. The most important point to be proved in all cases of narcotic drugs and psychotropic substances is possession of the drug. Any omission or non-compliance with the legal requirements laid down in the search or seizure will vitiate the proceedings and may result in acquittal of the accused. Whether it is transport, distribution or cultivation or manufacture, it is the possession of the drug that has to be proved by the prosecution. Even preparation, attempt, abetment and conspiracy relating to these drugs are also punishable. The Act also provides for enhanced punishments for subsequent offences.
Guidelines issued by the Narcotics Control Bureau, New Delhi
540. Some of the mandatory provisions and points to be remembered are indicated below:
1. A gist of information received should be incorporated in the Police Station records and the same should be intimated to the immediate superior officer and also entered in the Station House general diary.
2. The accused should be informed about the grounds of his arrest as in all other cases of arrest (section 52 Cr.P.C.).
3. Report of arrest and seizure should be forwarded to the immediate superior officer within 48 hours under acknowledgement. All these records are required to be produced in court before trial.
4. Since the prosecution has to prove possession of the drugs beyond doubt before any presumption can be raised, it is necessary to follow the guidelines given below in the matter relating to raid or search by the Police Officers.
5-A. All officers deployed for search should carry their Identity Card.
B. There should be a prior planning including survey of the place where the search has to be undertaken.
C. The officer-in-charge of the search should deploy his officers in such a manner that all the entrances/exits are properly guarded.
D. All incoming telephone calls should be received by the searching officers only. No person within the premises should be allowed to talk on phone with any person outside.
E. Immediately on entering the premises, the occupants should be instructed not to converse with each other.
F. The searching officers should examine every document and record and decide its worth for purposes of recovery and seizure.
G. Samples should be drawn as per the procedure prescribed.
H. The documents/records to be seized should be numbered serially and a brief description of the file/records and the period to which it belongs should be mentioned in the Panchnama.
I. The statements of the persons concerned should be recorded on the date of search itself lest the party tutor them. For this purpose, a brief and immediate scrutiny of the records/documents should be done.
J. Soon after the commencement of the search the contact telephone number of the party should be given to the officer who is monitoring the search/raid. He should be apprised of the commencement of the search and its progress from time to time and the important material that has come to notice till then. Before withdrawal from the search, as far as possible, clearance from the same officer should be taken unless the search party has already briefed him in this regard.
K. All papers including search warrant (executed) and the Panchnama, the initial intelligence and other papers given before proceeding on search should be returned to the person who issued the warrant.
L. Search / Raid party should invariably carry with them a drug identification / testing kit and should also have kit bag containing certain essentials like, screw driver, torch, flash light, mirror, walkie talkie, binocular, night vision devices, hand cuff, seal, sealing materials, emergency medical kit etc.
Points to be noted while recording Panchnama
541-1. Name, occupation, age and address of Panch.
2. Time, date and place of proceedings.
3. Reason for search
4. Authority for search
5. Identify yourself by showing Identity Card, mention the same in Panchnama.
6. Mention names of a few other officers included in the search party.
7. Offer personal search of each member
8. Mention presence of the occupants of the premises/person to be searched.
9. Mention description of place to be searched.
10. Give graphic description of the search operation e.g., who opened the suitcase, who had the key, from where the incriminating documents or contraband was recovered, how it was concealed etc.
11. Test drugs with field testing kit and mention results.
12. Mention where and how the weighment of contraband goods was done. Give gross weight, net weight.
13. Mention value of contraband to be seized.
14. Mention number of samples drawn and their weight, what identification marks were given to contraband samples and documents proposed to be seized/taken over.
15. Mention time of conclusion of Panchanama.
16. Offer personal search on conclusion of search before leaving the place of search.
17. Take photographs, finger prints wherever possible.
18. Mention money and valuables given back to the person searched or seal them for handing over later in the court.
19. Seal contraband and exhibits mentioning seal No.
20. Take signature of Panchas, officer writing the Panchnama and the person being searched on labels pasted on contraband, exhibits and documents.
21. Mention provisions of law under which the seizure was done.
22. Mention any important event taking place during search e.g., arrival of more officers or persons etc.
23. Give a copy of Panchnama to the persons searched and obtain receipt from him.
542. Procedure of drawal, storage, testing and disposal of samples from seized narcotic drugs and psychotropic substances.
1. All illicit narcotic drugs or psychotropic substances recovered from a person, place, conveyance etc. are liable to confiscation (sections 60 to 63 NDPS Act). Further, they constitute important evidence for any act, omission or commission on the part of a person rendering him liable for punishment under Chapter IV of the NDPS Act, 1985. Most of the narcotic drugs and psychotropic substances cannot be conclusively proved to be such drug or substance merely by visual examination in the trial Court and hence the drugs seized should be sent for chemical examination to FSL. The disposal of the confiscated goods should be as per the orders of the court.
2. If the drugs seized are found in packages/containers the same should be serially numbered for purposes of identification. In case the drugs are found in loose form the same should be arranged to be packed in unit container of uniform size and serial numbers should be assigned to each package/container. Besides the serial number, the gross and net weight, particulars of the drug and the date of seizure should invariably be indicated on the packages. In case sufficient space is not available for recording the above information on the package, a Card Board Label, should be affixed with the seal of the seizing officer and the above details should be recorded.
Place and time of drawl of sample
3. Samples from the narcotic drugs and psychotropic substances seized must be drawn at the place of recovery, in duplicate, in the presence of search (Panch) witnesses and the person from whose possession the drug is recovered and a mention to this effect shall invariably be made in the Panchanama drawn on the spot.
Quantity of different drugs required in the sample
4. The quantity to be drawn in each sample for chemical test should be 5 grams in respect of all narcotic drugs and psychotropic substances except in the cases of Opium, Ganja and Charas/Hashish where a quantity of 24 grams in each case is required for chemical test. The same quantities should be taken for the duplicate sample also. The seized drugs in the package/containers should be mixed well to make it homogeneous and representative before the sample in duplicate is drawn.
Number of samples to be drawn in each seizure case
5-A. In the case of seizure of a single package/container one sample in duplicate is to be drawn. It is advisable to draw one sample in duplicate from each package/container in case of seizure of more than one package/container.
B. However, when the package/containers seized together are of identical size and weight, bearing identical markings and the contents of each package give identical results on colour test by UN kit, conclusively indicating that the packages are identical in all respects, the packages/container may be carefully bunched in lots of 10 packages/containers. In case of seizure of Ganja and Hashish, the packages/containers may be bunched in lots of 40. For each lot of packages/containers, one sample in duplicate may be drawn.
C. After making such lots, in the case of Hashish and Ganja, if less than 20 packages/containers remain, and in case of other drugs less than 5 packages/containers remain, no bunching would be necessary and no samples need be drawn.
D. If it is 5 or more in case of other drugs and substances and 20 or more in case of Ganja and Hashish, one more sample in duplicate may be drawn for such remaining package/containers.
E. While drawing one sample in duplicate from a particular lot, it must be ensured that representative drug in equal quantity is taken from each package/container of that lot and mixed together to make a composite whole from which the samples are drawn for that lot.
Numbering of packages/containers
6-A. Subject to the detailed procedure of identification of packages/ containers, as indicated, each package/container should be securely sealed and an identification slip pasted/attached on each one of them at such place and in such manner as will avoid easy obliteration of the marks and numbers on the slip. Where more than one sample is drawn, each sample should also be serially numbered and marked as S-1, S-2, S-3 and so on, on both the samples. It should carry the serial number of the packages and marked as P-1, 2, 3, 4 and so on.
B. All samples must be drawn and sealed in the presence of the accused, search witnesses and seizing officer and all of them shall be required to put their signatures on each sample. The official seal of the seizing officer should also be affixed. If the person, from whose custody the drugs have been recovered, wants to put his own seal on the sample, the same may be allowed on both the samples.
Packaging and Sealing of Samples
7-A. The sample in duplicate should be kept in neat sealed plastic bags, as it is convenient and safe. The plastic bag container should be kept in paper envelope, properly marked as original or duplicate. Both the envelopes should also bear the S.No. Of the package(s) container(s) from which the sample has been drawn. The duplicate envelope containing the sample will also have a reference of the test memo. The seals should be legible. This envelope along with test memos should be kept in another envelope, which should also be sealed and marked “Secret-Drug Sample/Test memo” to be sent to the FSL.
B. All drugs should be properly classified, carefully weighed and samples drawn on the spot of seizure.
C. After sampling, detailed inventory of such packages/containers should be prepared for being enclosed to the Panchanama, Original wrappers must also be preserved for evidentiary purposes.
D. After completion of panchanama, the drugs should be packed, in heat sealed plastic bags. For bulk quantities of ganja, instead of plastic bags, gunny bags may be utilized.
8-A Agencies of the Central and State Government, who are vested with the powers of investigation under the law, specifically designate their godowns for storage purposes.
B. All drugs must invariably be stored in safes and vaults provided with double-locking system. Such godowns, as a matter of rule, are placed under the overall supervision and charge of a Gazetted Officer of the respective enforcement agency, who should exercise utmost care, circumspection and personal supervision, as far as possible. Such officers should not be below the rank of Superintendent in the Departments of Customs, Central Excise, Directorate of Revenue Intelligence, Narcotics Control Bureau, CBI, BSF, and station house officer/officer in charge of a Police Station. Superintendent of State Excise, MRO, Drug Inspector of Drug Control Department, etc. in the states and enforcement agencies in Union Territories. They will personally be held accountable for safety and security of the drugs. Each seizing officer should deposit the drugs fully packed and sealed with his seal in the godown within 48 hours of seizure of such drugs, with a forwarding memo indicating Crime Number, name(s) of accused, test memo reference, description of drugs in the sealed packages/containers and other goods, if any, drug-wise quantity in each package/container, drug-wise number of packages/containers and total number of all packages/containers.
C. The seizing officer, after obtaining an acknowledgement for such deposit in the format (Annexure-I), will hand over the same to the investigating officer of the case along with the case file for further proceedings.
D. The officer-in-charge of the godown, before accepting deposit of drugs, will ensure that the drugs are properly packed and sealed. He will also arrange the packages/containers (case-wise and lot-wise) for quick retrieval etc.
E. The godown in-charge is required to maintain a register wherein entries of receipt should be made.
F. It will be incumbent upon the Inspecting Officers of the various departments mentioned to make visit to the godowns for ensuring adequate security and safety and for taking measures for timely disposal of drugs. The Inspecting Officers should record their remarks/observations.
G. The Heads of respective enforcement agencies (both Central and State Governments) may prescribe such periodical reports and returns, as they may deem fit, to monitor the safe receipt, deposit, storage, accounting and disposal of seized drugs.
9-A. Since the early disposal of drugs assumes utmost importance, the enforcement agencies should obtain orders for pre-trial disposal of drugs and other articles (including conveyance, if any) by having recourse to the provisions of Section 451 of the CrPC, 1973.
B. While preferring the application under Section 451 before the Court of Session, emphasis may be laid on ‘expediency of disposal’. The grounds that may be highlighted pertain to.
· Risk of pilferage, theft and substitution
· vulnerability for abuse
· High temptations to traffickers
· Diminution in the value of other articles (including conveyances) due to long storage, etc.
C. Since the filing of charge sheet is a condition precedent for expeditious issue of orders for pre-trial disposal, charge sheet should be filed within the stipulated period of 90 days of seizure/arrest, on a priority basis. This should meticulously be adhered to.
D. While moving the application under section 451 of the criminal procedure code as above, production of all seized/articles/drugs, etc., along with the panchanama (in original) and detailed inventory there of is essential. The inventory should be complete in all respects and contain such particulars as may be relevant to establish nexus/identity of articles. The chemical analysis report should also be simultaneously filed.
E. After the court orders are passed for pre-trial disposal of drugs, those drugs which have no legitimate commercial value (excepting opium, morphine, codeine and the baine, which are required to be transferred to the Government Opium and Alkaloid Works Undertaking at Ghazipur or Neemuch, as the case may be) are required to be destroyed consistent with the guidelines issued under this order and in accordance with the Court’s order.
* * *
DRUG TRAFFICKING [ forensic point of view]
Sharada avadhanam, i/c DD[FS]
(CHAPTER 31, PSO 566 (P.619 to 620) of APPM – Part-I, Vol.II)
566-1. The word narcotic is derived from a Greek word “Narcotikos” means lethargy or sluggishness. According to the “Pharmacologists” narcotics are the drugs, which adversely affect the activity of the central nervous system. In Medicine they are used for the relief of the pain, to induce sleep and to treat psychiatric disorders under medical supervision, but the misuse or over dose leads to dependence, addiction, toxic symptoms and death. Forensic Narcotics section deals with examination of narcotic drugs and psychotropic substances (including drugs of abuse and distilled liquors) such as opium, cannabis etc, and liquors, liquor adulterant or illicit distilled liquors, chloral hydrate, alprazolam, diazepam etc.
2. Nature of physical evidence received by the section, nature of examinations conducted and type of analytical information laboratory can provide is given below.
Sl. No.
Nature of Physical Evidence
Nature of Examination conducted
Type of analytical information laboratory can provide
1.
Illicit distilled liquor
a) Physical Examination
b) Chemical Tests
c) Steam distillation
d) Instrumental Methods of Analysis.
a) Whether any alcohol/higher alcohol are detected
b) Composition of alcohol
c) Whether it is adulterated or mixed with any other poison.
d) Quantitative estimation where it is positive.
2.
Toddy and toddy adulterants
a) Physical Examination
b) Chemical Tests
c) Steam distillation
d) Instrumental Methods of Analysis.
a) Whether any alcohol/sedative /chloral hydrate is detected
b) Composition of alcohol
c) Whether it is adulterated or mixed with any other poison
d) Quantitative estimation where it is positive.
3.
Plant materials
a) Physical Examination
b) Chemical Test
c) Steam distillation
d) Instrumental Methods of Analysis.
a) Whether any plant alkaloids like ganja, opium and other narcotic drugs detected.
b) Nature of the poison.
c) Quantitative estimation where it is positive.
4.
Tablets etc.
a) Physical Examination
b) Chemical Tests
c) Steam distillation
d) Instrumental Methods of Analysis.
a) Whether any narcotic drugs/psychotropic substance is detected.
b) Nature of the poison.
c) Quantitative estimation where it is positive.
Guidelines for proper collection of samples for Narcotic Examination
3. The quantity to be drawn in each sample for chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances except in the case of opium, ganja and charas (hashish) where a quantity of 24 grams in each case is required for chemical test. The seized drugs in the packages/containers should be thoroughly mixed to make it homogeneous and representative sample is drawn from it.
LETTER OF ADVICE
Form No. 82 Order No.692
Forwarding a material object to an expert:
1. Name of the Police Station, Crime :
Number, Section of Law under which
The case is to be charged.
2. Number of persons or animals affected :
3. Number of deaths, if any. :
4. A brief history of the case with details as :
To the motive for the offence when,
Where and how the offence was committed
And other relevant particulars connected
with the crime.
5. A list of articles forwarded for examination :
With a brief description of each article and
From where and in what condition it was
Recovered.
6. The exact nature of examination required :
To be made on each of the articles sent.
7. Whether any of the articles are to be :
Returned after examination.
8. A brief description of the mode of package :
And through whom and how the parcel is
Sent. It should be stated whether the articles
Are being sent through messenger or by post
And if the messenger is a P.C., his name and
Number should be stated and he should be
Directed to appear in uniform when
Presenting the article.
9. A sample seal used in sealing the articles :
on the outermost covering.
Station : S.I. of Police
Date : (Investigating Officer)
DRAWAL OF SAMPLES
SYNOPSIS
1. Necessity to prove the presence of narcotic drug or psychotropic substance by analytical test carried
out by a qualified analyst
2. Need for sealing contraband article/sample to be ~ sent to laboratory.
3. Sanctity of sealing process
4. e‑sealing of sample ‑ effect of
5. Link
6. Link evidence produced in the form of affidavit
7. Link evidence should be put before the accused during examination under section 313 of the Code ,,
8. Report of the chemical examiner to establish identity of the sample
9. Name of the suspected drug should not be mentioned while dispatching sample to Forensic Science Laboratory
10. Failure to preserve samples for examination by Forensic Science Laboratory is fatal on the part of the prosecution
11. Need for mixing up the contents of all the packets before drawing sample
12. Quantity of sample to be drawn
13. Sending of CFSL form to the Laboratory
14. Sending of specimen seal to the Laboratory ‑ importance of
15. Drawal of samples at the spot of seizure by the investigating officer in the absence of SHO
16. Samples drawn not at the, spot, of seizure ‑ consequences.
17. Drawal of two samples
18. Necessity to hand over the seal used by the seizing officer to a third person forthwith
19. Need to deposit the used seal in the malkhana
20. Sample and the seal kept in the custody of the seizing officer for quite some time
21. Absence of entry in the malkhana register
22. Delay in sending the samples
23. Immediately after the order of the Court, the sample should be sent for analysis
24. Evidence regarding sending of samples
25. Discrepancy in the number of samples received by the Laboratory
26. Discrepancy in the weight of samples
27. Discrepancy in the description of the container of the sample
28. Discrepancy in the number of seals sent to the FSL
29. Discrepancy in the description of the marking of the sample
30. Evidence has to be adduced to prove at that what was seized alone was sent to the chemical examiner
31. Drawal of second sample for analysis
32. Sample taken under section 52A can be sent for obtaining a fresh report
33. Need to send the sample to Court
34. Packets/covers in which samples were kept are to be returned to the Court
35. Application of the provisions of section 52A
36. Application of sampling procedure under the Drugs and Cosmetics Act
37. Guidelines issued by the Narcotics Control Bureau regarding drawal etc of samples ‑ application of
38. Non‑observance of rules regarding sampling and storage ‑ effect of
CHAPTER XIX
TESTING OF SAMPLES BY LABORATORIES
SYNOPSIS
1. Introductory
2. Testing of biological samples
3. Testing of drug samples
4. Other techniques used
5. Detection of other drugs
6. Screening or colour tests
7. Evidentiary value of the admission of the accused about possession of contraband
8. Link
9. Analysis of representative sample ‑applicability to the entire lot of seized contraband
10. Report of the Chemical Examiner weight of the sample not mentioned validity
11. Discrepancy in the weight of the sample
12. Discrepancy in description of the colour of the sample
13. Need to indicate the, percentage of ,the drug in the sample
14. Need to indicate the definition under which the drug falls
15. Chemical composition to be given correctly
16. Cryptic reports of analysis
17. Report submitted after filing of charge sheet
18. Examination of Chemical Examiner
19. Chemical Examiner who is not mentioned in section 293 of Code
20. "Chemical Examiner" for the purpose of examination of samples under the Act
21. Tendering the report of the Chemical Examiner in evidence
22. Duties of a Chemical Examiner
23. Overwriting on the report
24. Negative report of Chemical Examiner
***Drugs of Abuse
STREET NAMES EFFECTS OF DRUGS ON HUMAN BODY SYMPTOMS
Smt. Sharada Avadhanam
Name/
Street name
Brief
Description / forms
Effects
Acid (LSD)
Acid, blotter
Strongest mood-changing drugs. It is sold as tablets, capsules, liquid, or on absorbent paper
Unpredictable psychological effects. With large enough doses, users experience delusions and visual hallucinations. Physical effects include increased body temperature, heart rate, and blood pressure; sleeplessness; and loss of appetite.
Club Drugs
XTC, X (MDMA); Special K, Vitamin K (ketamine); liquid ecstasy, soap (GHB); roofies (Rohypnol).
Typically used by teenagers and young adults at bars, clubs, concerts, and parties. The most common club drugs include Ecstasy (MDMA), GHB, Rohypnol, ketamine, methamphetamine, and acid (LSD).
Chronic use of MDMA may lead to changes in brain function. GHB abuse can cause coma and seizures. High doses of ketamine can cause delirium, amnesia, and other problems. Mixed with alcohol, Rohypnol can incapacitate users and cause amnesia.
Cocaine
Coke, snow, flake, blow
A powerfully addictive drug that is snorted, sniffed, injected, or smoked. Crack is cocaine that has been processed from cocaine hydrochloride to a free base for smoking.
A powerfully addictive drug, cocaine usually makes the user feel euphoric and energetic. Common health effects include heart attacks, respiratory failure, strokes, and seizures. Large amounts can cause bizarre and violent behavior. In rare cases, sudden death can occur on the first use of cocaine or unexpectedly thereafter.
Ecstasy/MDMA
XTC, X, Adam, hug, beans, love drug.
A human-made drug that acts as both a stimulant and a hallucinogen. It is taken orally as a capsule or tablet.
Short-term effects include feelings of mental stimulation, emotional warmth, enhanced sensory perception, and increased physical energy. Adverse health effects can include nausea, chills, sweating, teeth clenching, muscle cramping, and blurred vision.
Heroin
Smack, H,
ska, junk,
An addictive drug that is processed from morphine and usually appears as a white or brown powder.
Short-term effects include a surge of euphoria followed by alternately wakeful and drowsy states and cloudy mental functioning. Associated with fatal overdose and- particularly in users who inject the drug-infectious diseases such as HIV/AIDS and hepatitis. Long-term users may develop collapsed veins, liver disease, and lung complications.
Inhalants
Whippets, poppers, snappers.
Breathable chemical vapors that users intentionally inhale because of the chemicals” mind-altering effects. The substances inhaled are often common household products that contain volatile solvents or aerosols
Most inhalants produce a rapid high that resembles alcohol intoxication. If sufficient amounts are inhaled, nearly all solvents and gases produce anesthesia, a loss of sensation, and even unconsciousness.
Marijuana
Pot, ganga, weed, grass
The most commonly used illegal drug in the U.S. The main active chemical is THC
Short-term effects include memory and learning problems, distorted perception, and difficulty thinking and solving problems.
Methamphetamine
Speed, meth, chalk, ice, crystal, glass
An addictive stimulant that is closely related to amphetamine, but has longer lasting and more toxic effects on the central nervous system. It has a high potential for abuse and addiction.
Increases wakefulness and physical activity and decreases appetite. Chronic, long-term use can lead to psychotic behavior, hallucinations, and stroke.
PCP/Phencyclidine
Angel dust, ozone, wack, rocket fuel
Illegally manufactured in labs and sold as tablets, capsules, or colored powder. It can be snorted, smoked, or eaten. Developed in the 1950s as an IV anesthetic, PCP was never approved for human use because of problems during clinical studies, including intensely negative psychological effects.
Many PCP users are brought to emergency rooms because of overdose or because of the drug’s unpleasant psychological effects. In a hospital or detention setting, people high on PCP often become violent or suicidal.
Prescription Medications
Commonly used opioids include oxycodone (OxyContin), propoxyphene (Darvon), hydrocodone (Vicodin), hydromorphone (Dilaudid), meperidine (Demerol), and diphenoxylate (Lomotil). Common central nervous system depressants include barbiturates such as pentobarbital sodium (Nembutal), and benzodiazepines such as diazepam (Valium) and alprazolam (Xanax). Stimulants include dextroamphetamine (Dexedrine) and methylphenidate (Ritalin)
Prescription drugs that are abused or used for nonmedical reasons can alter brain activity and lead to dependence. Commonly abused classes of prescription drugs include opioids (often prescribed to treat pain), central nervous system depressants (often prescribed to treat anxiety and sleep disorders), and stimulants (prescribed to treat narcolepsy, ADHD, and obesity).
Long-term use of opioids or central nervous system depressants can lead to physical dependence and addiction. Taken in high doses, stimulants can lead to compulsive use, paranoia, dangerously high body temperatures, and irregular heartbeat.
Steroids (Anabolic)
Human-made substances related to male sex hormones. Some athletes abuse anabolic steroids to enhance performance. Abuse of anabolic steroids can lead to serious health problems, some of which are irreversible.
Major side effects can include liver tumors and cancer, jaundice, high blood pressure, kidney tumors, severe acne, and trembling. In males, side effects may include shrinking of the testicles and breast development. In females, side effects may include growth of facial hair, menstrual changes, and deepened voice. In teenagers, growth may be halted prematurely and permanently.
Smoking/Nicotine
One of the most heavily used addictive drugs
Nicotine is highly addictive. The tar in cigarettes increases a smoker’s risk of lung cancer, emphysema, and bronchial disorders. The carbon monoxide in smoke increases the chance of cardiovascular diseases. Secondhand smoke causes lung cancer in adults and greatly increases the risk of respiratory illnesses in children.
alcohol
Men may be at risk for alcohol-related problems if their alcohol consumption exceeds 14 standard drinks per week or 4 drinks per day, and women may be at risk if they have more than seven standard drinks per week or three drinks per day.
Twenty five percent of prison inmates have history of alcohol abuse or dependence.
Alcohol misuse = large role in domestic violence and DWI offenses
40 percent of prisoners = domestic violence dispute involving alcohol ,
Two-thirds DWI offenders alcohol dependent.
Routine alcohol screening of all offenders will help.
CAGE
· C -cut down on your drinking need
· An annoyed people.
· G guilty feeling
· E Eye opener for hangover
Alcohol Use Disorders Identification Test (AUDIT)
1. How often
2. How many
3. How often six or more
4. How often cannot stop
5. How often failed to discharge duty
6. How often first drink in morning
7. How often guilt or remorse
8. How often unable to remember last night
9. Have injured others
10. friend concerned
----------
T-ACE
T Tolerance: How many = high?
· A people annoyed
· C cut down need
· E Eye opener:
IMPORTANT PHONE NUMBERS
I. Sri Shankar Jiwal IPS. : Off - 044 – 24911482,
Zonal Director Fax – 044-24910937
Dept of Revenue, Cell – 94449-14828
Narcotic Control Bureau, 044-24912718
South Zonal Unit, 93821-97110
C-3A, Rajaji Bhavan,
Beasant Nagar, Chennai
Pin: 600 090.
II. Competent Authority – New Delhi (for forfeitured Assets)
Smt. Archana Ranjan, IRS
Competent Authority & Administrator: Fax: 011-24616379
GOI, Min. of Finance,
9th Floor, Lok Nayak Bhavan,
Khan Market,
New Delhi – 110 003.
III. Competent Authority - Chennai (for forfeitured Assets)
Sri S. Ravi, IRS,
Competent Authority & Administrator,
UTSAV, No. 64/1, G.N. Chetty Road,
‘T’ Nagar, Chennai – 600 017.
IV. Supdt. of Police (Narcotics Cell),
CID, Andhra Pradesh
Hyderabad … 23232289
Website address :
v. K. Raghavan ,
NCB, CHENNAI 9444914824
VI. R.Radhakrishna K. Pillai
Intelligence officer
vii. Ramakrishnan, IRS., 9849112256
Directorate of Revenue Intelligence, Hyd.
viii. Shivaram Sastry, Excise Dept., Warangal 95870-2577412
9440902230
ix. Abbas Ali, Asst.Supdt. of Excise, Nizamabad 9440902726
x. PRS.Prasad, Asst.Secy., Excise & Enforcement 24733051
Department 9440902216
xi. Prof. Anand, Institute of Mental Health,
Yerragadda, Hyd. 9849494706
xii. Jayarami Reddy, SP (NC), CID, Hyd. 23316029
9440627234
I N D E X
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Sl.No. Name of the article Page No.
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1. Do you know ? ... 01 - 02
2. Magnitude of the drug problem and Interrogation
of a Drug Law Offender ... 03 - 18
By Sri S. Umapathi, IPS, IGP.
3. Judgments of High Courts and Supreme Court under … 19 - 22
NDPS Act, 1989
4. The Prevention of Illicit Traffic in Narcotic ... 23 - 31
Drugs and Psychotropic Substances Act, 1988
5. Narcotics Drugs & Psychotropic Substances ... 32 - 36
6. Drug Law Enforcement - ... 37 - 40
By Sri Rajiv Trivedi, IPS, DIG.
7. Standing Order No.1/89 of NCB, New Delhi ... 41 - 44
8. Information on Narcotics Control Bureau ... 45 - 47
9. APPM PSO 539 (P.No.564 to 571) of APPM – Part.I. Vol.II … 48 - 56
10. Drug trafficking forensic point of view
including PSO-566 APPM, Letter of advice, drawal of samples,
by Smt Sharada avadhanam, i/c DD[FS] … 57 - 61
11. Drugs of Abuse – Street Names effects of Drugs on … 62 – 66
Human body Symptoms by Sharada avadhanam i/c DD[FS]
12. Important Telephone Numbers … 67 - 68
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