Preventive Enforcement with respect to Narcotics including Cultivation

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1 Preventive Enforcement with respect to Narcotics including Cultivation -Dr. Rajender Pal Singh IPS DG UP Police

2 Classification of Drugs DRUGS BASED ON ORIGIN BASED ON NDPS ACT NATURAL SEMI-SYNTHETIC SYNTHETIC NARCOTIC PSYCHOTROPIC Opium Ganja Charas Heroin Cocaine LSD Ecstasy Amphetamine Heroin Ganja Cocaine LSD Mandrax BASED ON EFFECTS DEPRESSANTS STIMULANTS HALLUCINOGENS Opiates Barbiturates Pain killers Cocaine Amphetamine Psychotropic substances LSD Ecstasy 2

3 Drug Control Legislations in India Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 NDPS Rules, 1985 Drugs & Cosmetics (D&C) Act, 1940 D&C Rules, 1945 Prevention of Illicit Trafficking in Narcotic Drugs & Psychotropic Substances (PITNDPS) Act, 1988 State NDPS Rules 3

4 NDPS ACT Why??

5 International Drug Control Treaties 186 Parties 8 non-parties 183 Parties 11 non-parties 183 Parties 11 non-parties 5

Principle of Balance Represents a dual obligation of Governments to :- Establish a system of control that ensures adequate availability of Narcotic Drugs, Psychotropic and controlled substances for

6 Principle of Balance Represents a dual obligation of Governments to :- Establish a system of control that ensures adequate availability of Narcotic Drugs, Psychotropic and controlled substances for medical and scientific purposes Simultaneously prevent abuse, diversion and trafficking and mitigate diversion from licit to illicit channels Source: WHO, Ensuring Balance in National Policies on Controlled Substances 6

7 NDPS Act Notable Features:- 1. Thrust mainly on prevention of trafficking, not so much on consumption. 2. Treatment & De-addiction. 3. Probation. 4. Awareness & education.

8 Continue.. 4. Licensing of poppy cultivation. 5. Financial investigation & forfeiture of properties. 6. Controlled delivery.

9 Continue.. 7. Disposal of drugs: pre-trial and post-trial. 8. Penalties as per seizure quantity. (small, intermediate & commercial ) 9. Penalties for Govt. servants for failure to perform their duties.

10 Continue.. 9. Confession u/s before the I.O. admissible in Court of law(s67) 11.Provision of NFCDA(S7) 12.Death penalty for offences after previous conviction in case of commercial quantity (section-31a)

11 A Preventive Criminal & social Law Provisions- For education/awareness (Section- 7A) Treatment & rehabilitation (Section 64A & 71) Probation (Section 39) Severe punishments.

12 Differentiate between Trafficker (Commercial quantity) (Minimum 10 years up to 20)

13 Peddler (Intermittent Quantity) (1-10 years)

14 Consumer (Small) Upto 1 Year

15 Arrest patterns Small quantity (about 80%) Intermittent (about 10-15%) Commercial (about 5-10%)

16 Drug Control Strategy Supply Reduction - Demand Reduction - Harm Reduction MHA MSJE MSJE + MOH

17 Correct Approach Hit hard on traffickers Discourage Pudiya culture Take steps for education & awareness. a. Approach schools & colleges b. Community policing c. Collaborate with Civil Society d. Visit De-addiction Centres Offer treatment/probation opportunities to consumers.

19 OPIUM POPPY GROWING STATES Crop Year : 3 States 18 Cultivating Districts 88 Tehsils 3468 Villages Cultivators + 5 Experimental 22

20 SALIENT FEATURES Crop Year Licensed cultivators : Licensed area Area harvested : hectares : 8652 hectares Opium production : 555 MT at 70 C C = Consistence All India average yield : kg/ha All Figures are Provisional 23

21 Area Harvested (hectare) ( to ) *Figures for 2011=12 crop year are provisional 24

25 Major Alkaloids of Opium : Morphine, Codeine, Thebaine and Papaverine etc Usage of Alkaloids Morphine (10-13%) severe pain, cancer treatment Codeine (1-1.

22 25 Major Alkaloids of Opium : Morphine, Codeine, Thebaine and Papaverine etc Usage of Alkaloids Morphine (10-13%) severe pain, cancer treatment Codeine (1-1.5%) milder analgesic and cough suppressant Thebaine (2-3%) milder analgesic converted to oxycodone, oxymorphone, naloxone, naltrezone, Buprenorphine the last for treatment of drug addiction

23 Extent of Illicit Cultivation Affected States:- Poppy - Manipur, Arunachal Pradesh, Uttrakhand, J&K, Bihar, Jharkhand and W. Bengal. Cannabis Tripura,Assam, West Bengal, Orissa, Andhra Pradesh Bihar, Jharkhand, Himachal Pradesh, J&K. Manipur, Uttarakhand. Opium poppy illicit cultivation is mainly done for poppy seeds, poppy husk and opium. Destruction ( in Acres ) - Type of crop Opium poppy Cannabis 818 8,

24 Trends / pattern Extent of Illicit Cultivation Cultivation on forest and govt land. Cultivation at high altitudes. Land ownership not established in some states. Off season cultivation. Shifting of areas. Cultivation with other seasonal crops to avoid detection. 27

25 ACTION PLAN FOR IDENTIFICATION AND DESTRUCTION OF ILLICIT POPPY DURING Sl No ACTION TO BE TAKEN 1 Constitute a composite team at state level consisting of Police, Revenue, Excise,, IB, CEBC & NCB & convey to NCB HQ. AGENCY TO TAKE ACTION State Nodal Officers TIME FRAME FOR ACTION Plain States Hill States To be done, if not already done. 2 Constitute a composite team at District level of district officers DM/Collector/SP/DFO/Excise/NCB/ Customs for survey & identifying potential Areas and communication to ZD. State Nodal Officers To be done, if not already done. 3 Organizing awareness campaign amongst cultivators in the potential/suspected areas by the State/Distt level committees involving local panchayat, block bodies and prominent people State Nodal Officers Oct 2017 Oct Send details of all identified areas/potential places of illicit cultivation to Zonal Director/NCB, NCB HQrs & CEIB. State Nodal Officers By Nov. end 2017 By Dec. end Send details received from States to ADRIN NCB & CEIB 17 Nov Dec Training of State Officials by CBN & ADRIN (ToT) CEIB, NCB & ADRIN Mid January, 2018 Mid January, 2018

26 7 Satellite Imagery be sent to CEIB, NCB & CBN through official . 8 Transmission of Satellite Images to concerned States and CBEC through secured official 9 Initial feed back after verification on ground vis-a-vis satellite images to be sent to NCB, CEIB & ADRIN through official District composite team for verification and destruction 11 Registration of cases under NDPS Act against persons found involved in illicit cultivation by local authorities. ADRIN Last week of Jan to mid of Feb, 2018 (Manipur and in Plain States) Mid of March to Mid of April 2018 NCB & CEIB On date of receipt On date of receipt State Nodal Officers, CBN State Nodal Officers, Zonal Directors, NCB & CBN. District Composite Team Mid Feb to last week of Feb, 2018 Concurrently Concurrently Mid May to last week of May, Send reports to State Nodal Officer and state level composite team after destruction. 13 Consolidated Action Taken Report to NCB 14 Action Plan for Alternative Crop Development. District Composite Team State Nodal Officers State Nodal Agencies 1 st week of April, rd week of April, 2018 End of June nd week of July, 2018 On going process

27 Provisions relating to Illicit cultivation and Alternative Development in National Policy on NDPS (Para 31) Law enforcement action will continue Satellite images of suspected areas to be obtained Destruction operations of such crop to be carried out by Central and State enforcement agencies Alternative Development for farmers who Have been traditionally cultivating opium poppy illegally, and Their livelihood depends entirely on such cultivation

28 Alternative Development Policy provisions Traditional illicit cultivation areas will be identified, through consultation of the DoR with NCB and concerned State Governments Once identified, new areas will not be added AD programmes will be taken up in these areas and continued till local population is completely weaned away

29 National Scenario

30 DRUG TRAFFICKING PATTERN/TRENDS Golden Crescent China & other foreign destinations HEROIN HASHISH PRECURSORS ATS MUMBAI Golden Triangle USA, Western Europe, Canada CHENNAI Maldives

31 TRAFFICKING TRENDS/PATTERN- COCAINE contd Abu Dhabi BRAZIL Addis Ababa Lome (Togo) 36

32 DRUG RELATED CHALLENGES India located between the world s two largest areas of illicit opium production Golden crescent and the Golden Triangle. Potential production of opium in Afghanistan in MT as per latest UNODC supported opium survey India both a destination and a transit route for opiates produced in these regions. 37

33 DRUG RELATED CHALLENGES Contd Trafficking of Hashish from Nepal Smuggling of Cocaine from Latin America and West Africa. Trafficking of Ephedrine & Pseudoephedrine to Myanmar and reverse trafficking of ATS. Trafficking by Africans - a big challenge. 38

34 DRUG RELATED CHALLENGES Contd Illicit manufacturing of synthetic drugs. Use of clear net & dark net- Sale & purchase of Pharma drugs and hallucinogens. Internet pharmacies & Misuse of courier services. Diversion from licit cultivation of opium poppy. Illicit cultivation of opium poppy & Cannabis 39

36 Combat / Preventive Strategies Restricting illicit plantation. Disruption/destruction of illicit cultivation. Possibilities of maritime landings in India. More vigilance required on the Indo-Pak land border and high seas in the wake of bumper crop in Afghanistan in Increasing operational efficiency and interdictions. Develop expertise in Cyber Crimes. Better coordination and sharing of information. Synergy among all agencies. International cooperation. Financial Investigation. Demand Reduction Measures

37 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

38 Preventive detention of persons engaged in illicit trafficking of NDPS. Illicit trafficking means activities relating to- cultivation of opium poppy, cannabis or coca plant

39 Engaging in production/ manufacture/possession/sale/purchas e/transportation/warehousing/ concealment/use/consumption/import inter-state/export inter-state/import into or export from India / transhipment of NDPS

40 financing, directly or indirectly any such activities abetting or conspiring in the furtherance or in support of doing such activities harbouring persons engaged in such activities handling or letting premises for the carrying of such activities

41 Financial Investigation under Chapter 5A of NDPS Act. Against persons who are- convicted for an offence punishable for a term of ten years or more under the Act. Those convicted for similar offence by a competent court outside India. Those detained under the PITNDPS Act, 1988 or J&K PITNDPS Act, 1988 provided their detention is not set aside/revoked. Certain relatives or associates of persons mentioned in (i) to (iii) above.

42 Continued Arrested / against whom warrant or authorisation of arrest has been issued for offence under NDPS Act whether in India or abroad. Any holder of any property, which has been transferred by such persons unless the transfer was in good faith and for adequate consideration However, the property can also be seized / freezed of the aforesaid person.

43 MOST COMMONLY ABUSED Precursor Chemicals Acetic Anhydride N- Acetyl Anthranilli c Acid Notified Controlled Substances Ephedrine Anthranillic Acid Pseudo- Ephedrin e

44 Precursor chemicals Precursors Licit use Illicit use Acetic Anhydride Textile processing Pharmaceutical industry ( aspirin and paracetamol) Paints, Tanning, Plastic, Explosives Heroin and Methaqualone Anthranilic Acid and N- acetylanthranillic acid Textile processing Insect repellents Dyes, perfumes Methaqualone Ephedrine and Pseudo- Ephedrine Bronchodilators and nasal decongestants Amphetamine type stimulant (ATS)

45 RCS ORDER 29 March 2013 SYSTEM OF PRECUSOR CONTROL DOMESTIC CONTROL INTERNATIONAL CONTROL NARCOTICS CONTROL BUREAU CENTRAL BUREAU OF NARCOTICS SCHEDULE A ( A 05 (05 substances) SCHEDULE B & C (17 substances) 50

of any schedule A precursor chemicals, Registration is required from NCB. 1.

46 DOMESTIC CONTROL Narcotics Control Bureau Control over Domestic control of precursors Manufacture, distribute, sell, purchase, possess, store, or consummation of any schedule A precursor chemicals, Registration is required from NCB. 1. Acetic Anhydride 2. Ephedrine 3. Pseudoephedrine 4. Anthanilic Acid 5. N-Acetylanthranilic Acid 51

47 Sl. No. 1 2 Controlled Substances Acetic Anhydride Anthranilic Acid Type of Activity URN- ALL INDIA Andhr a Prades h Telangana Maharashtra State Gujara t Tamil Nadu HP Utta rakha nd Manufactur ers Dealers Users Total Manufactur ers Dealers Users Total

48 URN- ALL INDIA Sl. No. Controlled Substance s 3 Ephedrine 4 Pseudo Ephedrine Type of Activity Andhr a Prades h Telangana Maha ashtra Gujara t Tamil Nadu HP Uttar a- khan d Manufacturer s Dealers Users Total Manufacturer s Dealers Users Total

49 URN- ALL INDIA States Sl. No. Controlled Substances Type of Activity Andhr a Prades h Telangana Maharashtra Gujara t Tamil Nadu HP Uttara - khand 5 N-Acetyl Anthranili c Acid Manufac turers Dealers Users Total TOTAL

50 Impact of RCS Order 2013 on Precursor Control 55

51 S.N Year No of Total Quantity (in Cases Kgs.) # 25 # In 2016 Maharashtra State Police seized 2659 kgs Acetic Anhydride & Kgs of L - Ephedrine from a factory. 56

52 S.No. Year No. of Cases Total Quantity (in Kgs.) # 2990 # In 2016 Maharashtra State Police seized 2659 kgs Acetic Anhydride & Kgs of L - Ephedrine from a factory. 57

53 YEAR PSEUDOEPHEDRINE EPHEDRINE ACETIC ANHYDRIDE (up to Sept) *Provisional figures 58

54 NCORD 3 Tier Mechanism Monthly meetings Quarterly meeting Annual meetings

55 NCORD 3 Tier Mechanism Monthly Meeting Law enforcement agencies for operational coordination. Quarterly Meeting - Representatives from Departments/Ministries for operational coordination and policy implementation. Annual meeting - To be chaired by Union Home Secretary with Heads of all member agencies/departments along with designated members.

56 Making best use of the Central schemes: a)financial assistance to the states run by MHA b)national Fund for Control of Drug Abuse (NFCDA) managed by Department of Revenue, Ministry of Finance under Section 7 A of the NDPS Act. c)reward Policy (2017) for government officers and informers for seizure under NDPS Act.

57 a) Financial assistance to the states run by MHA Assistance is provided for the following :- a) Surveillance equipment b) Laboratory equipment c) Vehicles for patrolling/surveillance d) Computers and their accessories e) Fax machine and photocopies and f) Training equipment & Aids g) Other equipments useful for enforcement Since inception of this scheme in 2004, Rs Crores have been sanctioned to different States & UTs.

58 b) National Fund for Control of Drug Abuse (NFCDA) managed by DoR MoF u/s 7 A NDPS Act. i. Combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances; ii. Controlling the abuse of narcotic drugs and psychotropic substances; iii. Identifying, treating, rehabilitating addicts; iv. Preventing drug abuse; v. Educating public against drug abuse; vi. Supplying drugs to addicts where such supply is a medical necessity.

59 c) Reward Policy (2017) for government officers and informers for seizure under NDPS Act. Incentive for drug law enforcement officers Funded by Government of India through NCB. NCB designated agency for processing and sanctioning reward proposals pertaining to seizure of Narcotics. Rewards for various stages of case including seizure/post seizure/ investigation/prosecution etc. Quantum & ceiling of rewards increased.

60 UOI Vs. MOHANLAL (SLP Crl. No. 652 of 2012) The Court took cognizance of the fact that a lot of contraband is kept with the enforcement agencies and was finding its way back into the society. SEIZURE AND SAMPLING: -Central Government to bring uniformity in the guidelines of seizure and sampling - When the seizure is effected, the contraband is to be forwarded to the officer in charge of a police station or the officer empowered who is then duty bound to approach the Magistrate for drawing samples and getting them certified. STORAGE: - Observed that no proper storage facilities are available with most of the States and Central agencies.

61 - Central and State agencies to set upadequate storage facilities. - Storage of drugs should be in safes and vaults - Storage facility should be in overall supervision and charge of a gazetted officer. - Special register to be maintained for drugs instead of general maalkhaana register DISPOSAL OF DRUGS: -The Court has found lack of uniformity in the procedure of destruction. -In cases that stood finally concluded at Trial, appeal, revision and further appeals, if any before , the continued storage of NDPS,

62 controlled substances and conveyances is of no consequence and thus directed that all the Drugs Disposal Committees of the States and the Central agencies shall take stock of all such seized contrabands and take steps for their disposal without any further verification. -In cases where seizures were done after May, 1989 and where Trial and proceedings in appeal / revision have all concluded the Court has directed that all the Drugs Disposal Committees shall take stock of all such seized contrabands in which trial has concluded and the concerned heads of the department shall directly supervise the process of destruction. - In Cases where proceedings are still pending before Trial Court, Appellate Courts or Supreme Court, the Head of the Department shall ensure the filing of appropriate applications under the notification dated without any further loss of time

63 THANA SINGH Vs. CBN (Crl. Appeal no.1640 of 2012) ADJOURNMENTS: NDPS Courts not to grant adjournments unless the circumstances are beyond control. EXAMINATION OF WITNESSES: Courts to adopt the method of sessions trial and assign block dates for examination of witnesses. WORKLOAD: NDPS cases to be prioritized over all other matters. Trial Courts will only take up another matter after clearance of all pending NDPS cases. RE-SAMPLING/RE-TESTING OF SAMPLES: Any requests as to retesting/re-sampling not to be entertained as a matter of routine. NODAL OFFICERS: Nodal officers be appointed for monitoring of the progress of investigation and trial.

64 SHAFI MOHD. VS. STATE OF H.P. (SLP Crl. No of 2017) The Hon ble Supreme Court has raised the question that: -Whether in every case of recovery when possession itself is an offence, the investigator must video graph the scene of recovery, and - Whether in every other case the scene of crime should also be video graphed during investigation. A committee of MHA has submitted for laying down the road map for the same. The matter is still under adjudication. Final judgement expected this year.

66 NATIONAL DRUG ABUSE SURVEY MSJ&E through AIIMS is conducting a nation-wide survey to assess the extent, trend and pattern of drug abuse among people across the country. estimates of -The survey will provide national and state level indulge in drug abuse. proportion and absolute number of people who -The survey will also map the presence of services and interventions for drug dependent individual and identify the gaps in service delivery. Report expected in State wise Surveys Punjab(2016) and Mizoram(2017).

SNo Quarter 2 National Survey on Drug Abuse: 21 The extent and patterns of drug abuse in India have been changing The Board appreciates the decision b

SNo Quarter 2 National Survey on Drug Abuse: 21 The extent and patterns of drug abuse in India have been changing The Board appreciates the decision b ANNEX URE TO POLICY PLAN OF ACTI ON SNo 1 National Drug Control System: 11 The Board commends the Government of India for its strong commitment to the objectives of the international drug control treaties