WELCOME TO COMPETENT AUTHORITY, CUSTOMS & NARCOTICS, LUCKNOW

DRUG TRAFFICKING

DRUG TRAFFICKING is the most heinous and yet the most lucrative crime today which has engulfed almost every part of the world. Drug crimes have not only affected the society but even established some governments and affected the money supply and exchange markets. No nation can afford the ill-effects of drug crimes. Over the last two decades, the problem has assumed menacing proportions and intense concern has been demonstrated by the world community. Every nation has taken steps to fight the drug menace by taking legal, administrative and preventive measures. Problem is also being tackled by social means by building awareness, counseling, treatment, rehabilitation of drug addicts, etc.

India, geographically is flanked by Golden Crescent and Golden Triangle - the two main sources of opiates in the world - and Nepal, which is the major source of cannabis. Thus, over the years, India emerged as a major transit country for the movement of narcotic drugs from these areas to other parts of the world. The problem assumed alarming proportions somewhere in early eighties. Consequently, steps were taken by the Indian Government to meet this challenge and as a first measure, the Narcotic Drugs & Psychotropic Substances Act, 1985, also known in short as NDPS Act, was enacted by repealing the erstwhile laws.

Under the NDPS Act, no person can cultivate coca plants, opium poppy and cannabis plants or extract opium, charas and ganja from such plants. The production of opium derivatives such as morphine, heroin and other intoxicating psychotropic substances, except for medical or scientific purposes, is a crime. Possession of these drugs and trafficking for commercial gains in such drugs is also a crime. Any person committing such offences can be punished with imprisonment ranging from ten to thrity years and also fined from rupees one lakh to three lakhs.

To make the law more deterrent and to further strengthen the hands of enforcement agencies, the Prevention of Iillicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 was brought in, under which the drug traffickers can be detained for a period of one to two years so as to prevent them from indulging in such illegal activities.

To make a real dent in these activities and also to give a final blow, further amendment was made in the Act to provide for the forfeiture of the properties from earnings related to drug crimes which became operative in 1989. This amendment also brought in the provisions to award death sentences in certain categories of drug offence. A new Chapter V-A was incorporated in the Act, which provides for tracing, identifying, seizing/freezing and forfeiture of the movable and immovable properties acquired from illgotten funds by the drug traffickers. The aim apparently is to paralyse and prevent them from indulging in the nefarious activities. This Chapter contains Sections 68-A to 68-Z Under this chapter, the properties of only three types of offender can be forfeited who:

(a) have been convicted for an offence under NDPS Act, punishable with imprisonment for a minimum term of 10 years or more

(b) convicted abroad for similar offences.

[U/s. 68-A (a to f)]

The Act also provides for forfeiture of illegally acquired properties of the drug traffickers held in the names of their relatives, associates or even friends and servants.

The forfeiture of the properties acquired out of the earnings from drug related crimes can be ordered by a Competent Authority,who is appointed by the government under Section 68-D of the NDPS Act for this purpose.

Powers have been given to the Officers of the Departments of Police, Customs, Central Excise, Border Security Force, Revenue Intelligence, Narcotics Control Bureau etc. to investigate and inquire into the drug offences and enforce the provisions of NDPS Act. under Section 53 thereof. These Officers have also been empowered under Section 68-E to take all the steps necessary for tracing and identifying any property illegally acquired by drug trafficking. If there is reasonable belief that any such property is illegally acquired, then the some can be seized or frozen by the enquiry officers under Section-68-F of the Act. However such an order of seizing or freezing of the illegally acquired property shall be communicated to the Competent Authority within 48 hours of its being made. further, which an order will have effect only when it is confirmed by the Competent Authority by an order within 30 days of its being made. Thereupon, the Competent Authority will initiate the forfeiture proceeding under Section 68-H & 68 I of the said Act.

For the successful culmination of the forfeiture provisions, it is imperative that the Central and State enforcement agencies implementing the provisions of NDPS Act, while dealing with such cases, take simultaneous action to identify and locate the illegally acquired properties by the traffickers as well as their relatives and associates, right from the time intelligence is collected in respect of drug trafficking and gather all relevant details relating thereto at that stage itself. It is also essential that in the course of investigation, all possible evidence and material is collected to establish a prima facie nexus between the properties in the hands of relatives and associates with the illegal earnings of the drug traffickers. On completion of the investigation, a report should immediately be sent to the Competent Authority, SAFEMA (FOP) Act & NDPS ACT, 57 -A,R.F. Bahadur ji to Marg (Meera Bai Marg), Lucknow by all the enforcement agencies implementing the provisions of the NDPS Act in the Jurisdiction of the States of UP & Uttaranchal, Bihar and Jharkhand.