DRUG TRAFFICKING AND LAW ENFORCEMENT 30/05/2008. Dr. Ish Kumar Dy. Director General Narcotics Control Bureau

Transcription

1 DRUG TRAFFICKING AND LAW ENFORCEMENT 30/05/2008 Dr. Ish Kumar Dy. Director General Narcotics Control Bureau

2 DRUG ECONOMY Present size of the global illicit drug market is around US $ 500 Billion. The value, measured at retail prices, is higher than the GDP of 88% of the countries in the world Drug traffickers float their ill-gotten money into the domestic money market like the real estate Similarly, the drug money is laundered through Hawala and other illegal channels Increase in black market economy.

3 UNODC World Drug Report 2007 Extent of Global Drug Use estimates Cannabis Amphetamine Type Stimulants Cocaine Opiates Of which heroin Ampheta mines Ecstasy (million people) In % of global population age % 0.6% 0.2% 0.3% 0.4% 0.3%

4 National Drug Abuse Survey conducted by MSJE and UNODC in 2001 Alcohol, cannabis and opiates were the commonest drugs of abuse Estimated 62.5 million in India are alcohol users, 8.7 million cannabis users and over 2 million opiate users. poly-drug users are increasing.

5 Continue.. Buprenorphine, propoxyphene and heroin are commonly injected drugs. Injecting drug use - causes the spread of HIV The potential number of people seeking treatment about 0.5 million opiate users, 2.3 million cannabis users, and 10.5 million alcohol users.

6 SOCIAL COSTS OF DRUG ABUSE (Women Respondents, MSJE-UNODC Survey 2001) Health problems Aches and pain Weight loss Psychological problems Depression Anxiety Sleeplessness Neglect of self Occupational problems Neglect of work Neglect of household work Absence from work

7 Economic problems Loss of income Debts Less money available at home Family environment Violence Disruption of family routine Disturbance of family celebrations Reduced leisure time activity Physical Verbal

8 HIV and DRUGS Spread of HIV in India has increased from estimated 1.75 million adults in 1994 to over 5 million by 2005 The number of injecting users - ranges 90, ,000. HIV transmission through injecting accounts for 2.79% of the total HIV infected in India. India s North-Eastern region is experiencing IDU driven HIV epidemics ( Manipur, Nagaland and Mizoram). HIV prevalence is also high among IDUs in Delhi, Mumbai and Tamil Nadu. Cases of HIV amongst personnel of CPO s on the rise Government of India and other International agencies have earmarked approx Crore Rupees for a period of 5 years. ( )

9 ECONOMIC COSTS OF DRUG ABUSE The Ministry of social justice is assisting 350 voluntary organisations for maintaining 375 Deaddiction-cum-Rehabilitation Centres and 55 Counselling and Awareness Centres all over the country. Average annual allocation for this programme has been around 27 crores. Nearly 2.25 lakhs of addicts are being benefited.

10 DRUG RELATED CRIMES For buying drugs: Theft, prostitution, Murder Crime under the influence of drugs: Murder, rape, suicide, theft. Crimes for the trafficking of drugs: Smuggling, Bribes, Threats, Murders Corruption Narco-terrorism (Transfer of NCB to MHA)

11 DRUGS- THEIR ORIGIN, CLASSIFICATION AND IDENTIFICATION NARCOTICS DRUGS - Act on Central Nervous System, plant origin eg. Opium, Cannabis, Coca and alkaloids etc. PSYCHOTROPIC SUBSTANCES- Mood altering substances, mostly synthetic eg Amphetamine, LSD, Diazepam. PRECURSOR CHEMICALS- Chemicals which are required for the preparation of drugs eg; Acetic Anhydride is precursor for manufacturing of heroin. Do not act on CNS.

12 PRECURSOR CHEMICALS The term precursor is used for chemicals having legitimate uses in industry which is misused for manufacturing illicit drugs. India s highly developed chemical industry is a source of Precursor Chemicals The UN has identified 23 precursor chemicals India has placed controls over 17 such chemicals to prevent diversion Acetic Anhydride, Ephedrine, Pseudo-ephedrine, N- Acetylanthranilic Acid and Anthranilic Acid are the Precursors notified as Controlled Substances under the NDPS Act.

13 NATURAL DRUGS- Naturally occurring drugs eg. Opium, Cannabis, Coca. And alkaloids i.e. Morphine, Codeine etc. SEMI SYNTHETIC- Processed from natural drugs eg. Heroin, Cocaine. SYNTHETIC- Made from chemicals eg. LSD, ATS, Methaqualone.

14 OPIUM Other Names Source Apheem. Plant named Papaver Somniferum Source Countries India, Turkey ( Licit ),Afghanistan, Myanmar, Laos ( Illicit ) Derivatives Price Morphine, Codeine, Heroin, Poppy Husk Licit Rs 720 2,100 per kg. Illicit upto Rs 40,000 per kg.

15 OPIUM Licit Production 2008(Provisional) State Area (In hect) Production ( Kgs ) Madhya Pradesh 2,835 1,36,111 Rajasthan 1,840 82,444 Uttar Pradesh Total 4,680 2,19,333 Illicit Cultivation Jammu & Kashmir, Karnataka, Jharkhand, Arunachal Pradesh & West Bengal UNODC has estimated that the illicit production of Opium in Afghanistan in 2007 has been 8,100 tons (92% of world production)

16 OPIUM FIELDS

17 The milky fluid oozes from incisions in the unripe seedpod

18 Since ancient times the fluid has been scraped by hand and air dried to produce opium

19 OPIUM

20 HEROIN Source - By chemical processing of Opium Source Countries - Afghanistan, Myanmar, Pakistan, Laos. Illicit Production/ - Madhya Pradesh, Uttar Pradesh Diversion Areas & Rajasthan Main precursor - Acetic Anhydride chemical

21 HEROIN Typical Heroin Prices Country Range : US $ / kg Afghanistan 2,060-3,400 Pakistan 2,280 5,100 India 3,250 10,800 USA 40,000 80,000 USA ( Retail ) 2,50,000

22 BROWN SUGAR

23 Southwest Asian heroin

24 CANNABIS GANJA / MARIJUANA Other Names - Pot, Grass, Sulfa Source Source Countries - - Flowering and fruiting tops of Cannabis Sativa Morocco, Afghanistan, Nepal etc. Price - Varies: upto Rs. 10,000 per kg

25 CANNABIS

26 HASHISH / CHARAS Other Names Source Source Countries Illicit Production Areas in India Hash Resin of the plant Cannabis Sativa Morocco, Pakistan, Afghanistan, Nepal Jammu and Kashmir, Himachal Pradesh

27 CHARAS Typical Charas Prices Country Rs per Kg Nepal 15,000-25,000 India ( Himachal ) 15,000 50,000 Japan 50,00,000

28 Hashish AFGHAN HASHISH INDIAN HASHISH

29 HASHISH OIL

30 COCAINE Other Names Source - Coke, Crack - Leaves of Coca plant (Erythroxylon) Source Countries - Colombia, Bolivia & Peru Price - Upto Rs. 2 Crores per kg in India Upto US $ 400,000 per kg in Japan, West Europe, America

31 Coca leaf

32

33 SYNTHETIC DRUGS Substances - Amphetamines, Methamphetamines (Ice) Ecstasy (MDMA) Source - Processing of Chemicals like Pipernol, Ephedrine Source Countries - Netherlands, Myanmar, Thailand, USA Price - Upto Rs 1000 per tablet Upto US $ 13,00,000 per kg Japan, Europe and America

34 ECSTACY

35 METHAMPHETAMINE

36 LSD blotter paper

37 Seizures of the major drugs in India (In Kgs.) Drug/Year Opium 2,009 2,826 1,937 Heroin 981 1,182 1,075 Cannabis herb (Ganja) 153,660 1,57,710 90,602 Cannabis Resin 3,965 3,852 4,635 Methaqualone 472 4,521 1 Cocaine

38 Contd. Drug/Year Ephedrine 08 1, L.S.D (Sq. Paper) 0 0 2,077 Acetic Anhydride

39 BREAK UP OF QUANTITY OF SEIZED GOODS IN 2007 (IN KGs.) AGENCY DRUGS NCB DRI CCE CBN STATE POLICE STATE EXCISE TOTAL HASHISH 1,440 (28%) GANJA 3,676 (3.5%) HEROIN 178 (15%) OPIUM 170 (8%) , ,161 2, ,869 4,638 1,04, , , ,071 MORPHINE COCAINE

40 BREAK UP OF QUANTITY OF SEIZED GOODS IN 2007 (IN KGs.) AGENCY DRUGS NCB DRI CCE CBN STATE POLICE STATE EXCISE TOTAL EPHEDRINE 290 (73.4%) ACETIC ANHYDRIDE (ltrs.) LSD , ,077 METHAQUALONE 1 (100%)

41 INDIA DRUG TRAFFICKING ROUTES AFGHANISTAN PAKISTAN NEW DELHI NEPAL BHUTAN BANGLADESH MUMBAI KOLKATA MAYNMAR LAOS HEROIN HASHISH MANDRAX PRECURSORS PHENSYDYL CHENNAI SRI LANKA THAILAND

42 TRAFFICKING OF HEROIN Opium cultivation and diversion. Trafficking of South West Asian (Golden Crescent) heroin into India across the Indo Pak border in Punjab and Jammu and Kashmir Trafficking of South East Asian heroin (Golden Triangle) in small quantities across the Indo Myanmar border Movement of heroin from India to Sri Lanka via the sea route Movement of heroin from India to Maldives by air Trafficking of heroin out of India to Western Europe / Africa by air Internal movement.

43 TRAFFICKING OF HASHISH Cannabis Resin is smuggled into the country from Nepal and nearly 50% of the seizures in India are suspected to be sourced to Nepal Hashish is primarily smuggled to Western Europe, USA, Japan and Canada both by air and sea routes.

44 TRAFFICKING OF EPHEDRINE / PSEUDO EPHEDRINE Ephedrine and pseudo ephedrine are diverted from the licit channels and thereafter trafficked to South East Asia and other countries where it is used in the illicit manufacture of synthetic drugs (ATS).

45 Trafficking of Methaqualone and Mandrax to South Africa. Trafficking of drugs through Internet Pharmacy. Trafficking of Phensydyl Syrup to Bangladesh

46 Modus Operandi of Drug Traffickers AIR False Cavity of Suitcase Plastic Container of Cosmetic Items Handbags Inner Soles of sports shoe Swallowing and body cavities

47 ROAD Specially made cavities in vehicles like bottom, sides, Inside and above petrol tank etc. Door frames. Vegetable oil containers Sarees/ Jacket/Pant pocket Photo- frames

48 SEA Fishing boats and country crafts Exhaust roof of ship By post parcels Coir carpets COURIER SERVICE INTERNET

49 TYPES OF MODUS OPERANDI Meth Labs

50 Heroin concealed in false bottom of suitcase

51 Heroin in sports shoes

52 Heroin concealed in books

53 Heroin in tyre of a car

54 Heroin concealed in pomegranate

55 Heroin concealed in gas cylinder

56 Heroin concealed in between false walls of a metal jug

57 Heroin in cricket balls

58 Heroin concealed in artifacts

59 Heroin concealed in food packets

60 Heroin capsules in body

61 Ganja concealed in an oil tanker

62 Cannabis in tires of a wheelchair

63 Hashish in false compartments of wooden paintings

64 Statue made from Cocaine

65 Cavity in door panels

66 False cavity in floor of a truck

67 ILLICIT INTERNET PHARMACY Individuals ordering Drugs on Internet Payment by credit card Websites offering supply of drugs without/fake prescription Dr. Brij Bansal In Agra (Source of Supply) Repacking and Distribution of Drugs In USA Akhil Bansal Based in US KINGPIN COMMUNICATION AND MONEY TRANSFER Courier Companies Variation in Controls Variation in Prices

68 MEETING THE DRUG s CHALLENGE Demand Reduction: Awareness/Educational Campaign, de-addiction, treatment and rehabilitation measures. Supply Reduction: (a) Enforcement of NDPS Act and related provisions in other Acts. (b) Alternate development.

69 UN DRUG CONVENTIONS United Nations Single Convention on Narcotics Drugs, 1961 as amended by the 1972 protocol. United Nations Convention on Psychotropic Substances, The Convention Against Illicit Traffic of Narcotic Drug and Psychotropic Substances, 1988 (Vienna Convention) United Nations General Assembly Special Session (UNGASS), 1998

70 AGENCIES INVOLVED IN DRUG LAW ENFORCEMENT IN INDIA Ministry of Home Affairs Department of Revenue Ministry of Social Justice & Empowerment Ministry of Health and Family Welfare Other Enforcement Agencies - NCB - Nodal Role/Coordination Enforcement/ Demand Reduction - CBN Licit Cultivation of Opium CCF - Processing of Opium Admn. of NDPS & PITNDPS Act - Demand Reduction Training, NGO s, Drug Surveys - Drug Quotas De-addiction, Harm Reduction NACO - State Police & Excise, Customs & Central Excise, CBI & DRI BSF, SSB, ITBP, COAST GUARD, RPF

71 AGENCIES INVOLVED IN DRUG LAW ENFORCEMENT (B) International CND (Commission on Narcotic Drugs) INCB (International Narcotics Control Board) UNODC (United Nations Office on Drugs and Crime) WCO (World Custom Organization) INTERPOL (International Police Organization)

72 NCB MANDATE NCB National Drug Authority Co-ordination of actions by various offices, State Governments and other authorities. Implementation of obligations in respect of counter measures against illicit traffic under the Conventions of 1961, 1971, 1988 and other International Protocols. Assistance to concerned authorities in foreign countries. Drug Law Enforcement. Advice to Government.

73 VARIOUS LAWS IN DRUG LAW ENFORCEMENT NDPS Act, 1985 PITNDPS Act, 1988 Drug and Cosmetics Act,1940 Customs Act, 1962 RCS Order, 1993 (NDPS Act) PEN (Pre Export Notification)

74 SALIENT FEATURES OF NDPS ACT Stringent punishment, graded into 3 categories for small medium and commercial quantities. Provides for forfeiture of property acquired through drug traffic. Provides for special court. Provisions for pre-trial disposal of seized contrabands. Stringent bail provisions.

75 NDPS ACT contd.. DRACONIAN (a) Minimum punishment (b) Burden of proof (c) Preventive detention (d) Confessions admissible SCOPE FOR MISUSE

76 Use of Drug Detection Kits in Drug Law Enforcement

77 DRUGS WHICH CAN BE IDENTIFIED BY FIELD TEST KIT Narcotics Psychotropic Substances Precursors Opium, Codeine, Morphine, Thebaine, Cocaine, Cannabis Hash Amphetamine, Methamphetamine, Methylphenidate, Methaqualone MDMA LSD Acetic Anhydride, Ephedrine, pseudo ephedrine, N-acetyl anthranilic acid, anthranilic acid, Potassium permanganate,1- phenyl-2-propanone,methyl ethyl ketone, ergometrine, ergotamine, 3,4-Methylenedioxyphenyl-2- propanone

78 CHEMICAL FIELD TEST KIT FOR IDENTIFICATION OF DRUGS Chemical Field tests can assist the Law Enforcement Officers IN MAKING INITIAL DECISIONS FOR SUSPECTED DRUG TO MAKE ARREST OBTAIN SEARCH WARRANTS, ARREST WARRANTS, OPPOSE BAIL Indigenous chemical field test kit has been developed by M/s Hindustan Antibiotics Ltd., in collaboration with National Chemical laboratory, Pune

79 LIMTATIONS OF THE KIT TESTS Field tests are not DEFINITIVE PROOF. Samples of suspected material must be sent to a Testing Laboratory for use in COURT OF LAW. Shelf life of one year FALSE POSITIVE The colour reaction used for the detection of a given controlled substance is not specific for only that drug because the test reagents usually react with other material to form a similar colour. FALSE NEGATIVE In certain cases where other chemicals/drugs are present negative results may be obtained although the controlled substance is there. COLOUR FORMED BY THE TEST REAGENT SHOULD BE COMPARED WITH THE COLOUR REFERENCE CHART

80 DRUG LAW ENFORCEMENT Understanding trafficking trends and modus operandi Collect Intelligence And Act :- Human Intelligence Informers Convicts Peddlers Traffickers Abusers Schools colleges Pubs Shady joints

81 DRUG LAW ENFORCEMENT Electronic Intelligence Through Bugs Voice Logger Narcotics Detectors CRIMS Sniffer Dogs

82 DRUG LAW ENFORCEMENT Seizure of drugs and psychotropic substances. (Intelligence/ Accidental) Arrest and Detention. Forfeiture of property. Destruction of illicit crops Destruction of illegal manufacturing Labs. Internet Pharmacies.

83 Controlled Delivery. Exchange of operational intelligence. MOUs/Bilateral agreements with other countries. Multi-disciplinary approach.

84 HOW NCB HELPS Assistance to States Scheme Assistance to state police in destruction of illicit crops Drug Law Enforcement Training Drug Detection Kits Rewards

85 REWARD POLICY State reward committees which may sanction and pay rewards upto Rs.10,000/- per officer, per case Enforcement agencies may recommend cases where the reward admissible and proposed is above Rs.10,000/- per person to Narcotics Control Bureau

86 Commodity MAXIMUM REWARDS ADMISSIBLE Rate of Max. Reward (per kilogram) Prescribed purity Opium Rs. 220/- Standard opium of 9.5% Morphine strength Morphine base and its salts Rs. 8,000/- 90% or more of Anhydrous Morphine Heroin and its salts Rs. 20,000/- 90% or more of Diacetyl Morphine Cocaine and its salts Rs. 40,000/- 90% or more of anhydrous cocaine Hashish Rs. 400/- With THC content of 4% or more Hashish Oil Rs. 2,000/- With THC content of 20% or more Ganja Rs. 80/- Should be commercially acceptable as ganja Mandrax Rs. 500/- Presence of Methaqualone.

87 Officers of the Indo-Tibetan Border Police, wherever posted can act under : Designation of Officers S. No. Functions under the provisions of the Customs Act, All Commandants, Assistant Commandants and Company Commander. All Subedar Majors, Subedars and Sub-Inspectors. Head Constables and Naiks. sections 100 to 104, 106,107,109 and 110** sections 100,102,106 and 110. **Functions under sections 105 and 108 in places where no Officer of the Customs of the rank of Superintendent of Customs and Central Excise or above is stationed. [ M.F.(D.R & I.) Notification No.194/84-Cus., dated )

88 POWERS UNDER THE CUSTOMS ACT, 1962 S-100 -> Power to search suspected persons entering or leaving India S-101 -> Power to search suspected persons in certain other cases. S > Persons to be searched to be taken before gazetted officer of customs or magistrate.. S-103 -> Power to screen or X-ray bodies of suspected persons S-104 -> Power to arrest.. (1) guilty of an offence punishable under section 135 (2) Every person arrested under sub-section (1)shall, without unnecessary delay, be taken to a magistrate.

89 Contd.. S-105 -> Power to search premises. S-106 -> Power to stop and search conveyances. S-107 -> Power to examine persons. S-108 -> Power to summon persons to give evidence and produce documents. S-109 -> Power to require production of order permitting clearance of goods imported by land.. S-110 -> Seizure of goods documents and things.. S-135 -> Evasion of duty or prohibitions.. NCB has recommended for empowering the para military and armed forces like SSB, ITBP, BSF, Coast Guard, Assam Rifle and RPF under Section 42 of the NDPS Act,1985 (power of entry, search, seizure and arrest without warrant or authorisation).

90 QUESTIONS, IF ANY?

91 THANK YOU