drug trafficking and law enforcement · 2015-01-13 · drug trafficking and law enforcement ......

DRUG TRAFFICKING AND

LAW ENFORCEMENT 30/05/2008

Dr. Ish Kumar Dy. Director General Narcotics Control Bureau

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. !

!

Cannabis Amphetamine Type Stimulants

Cocaine Opiates Of which heroin

Amphetamines

Ecstasy

(million people)

158.8 24.9 8.6 14.3 15.6 11.1

In % of global population age 15-64

3.8% 0.6% 0.2% 0.3% 0.4% 0.3%

UNODC World Drug Report 2007 Extent of Global Drug Use estimates

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.

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.

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

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

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 90,000-190,000. !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. 2000 Crore Rupees for a period of 5 years.(2002-2007)

ECONOMIC COSTS OF DRUG ABUSE !!The Ministry of social justice is assisting 350 voluntary organisations for maintaining 375 De-addiction-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.

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)

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.

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.

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.

.Other Names – Apheem

!Source – Plant named Papaver Somniferum

!Source Countries – India, Turkey ( Licit ),Afghanistan,

Myanmar, Laos ( Illicit ) !

Derivatives – Morphine, Codeine, Heroin, Poppy Husk !

Price – Licit – Rs 720 – 2,100 per kg. Illicit – upto Rs 40,000 per kg.

OPIUM

State Area (In hect) Production ( Kgs )

Madhya Pradesh 2,835 1,36,111

Rajasthan 1,840 82,444Uttar Pradesh 5 778Total 4,680 2,19,333

Licit Production

Illicit Cultivation

Jammu & Kashmir, Karnataka, Jharkhand, Arunachal Pradesh & West Bengal

OPIUM

2008(Provisional)

UNODC has estimated that the illicit production of Opium in Afghanistan in 2007 has been 8,100 tons (92% of world production)

OPIUM FIELDS

The milky fluid oozes from incisions in the unripe seedpod

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

OPIUM

HEROIN

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

chemical

Country Range : US $ / kg

Afghanistan 2,060 - 3,400Pakistan 2,280 – 5,100India 3,250 – 10,800USA 40,000 – 80,000USA ( Retail ) 2,50,000

Typical Heroin Prices

HEROIN

BROWN SUGAR

Southwest Asian heroin

CANNABIS GANJA / MARIJUANA

Other Names - Pot, Grass, Sulfa

!Source Countries - Morocco, Afghanistan, Nepal etc.

Price - Varies: upto Rs. 10,000 per kg

Source - Flowering and fruiting tops of Cannabis Sativa

CANNABIS

HASHISH / CHARAS

Other Names – Hash !Source – Resin of the plant Cannabis Sativa !Source Countries – Morocco, Pakistan, Afghanistan,

Nepal !Illicit Production – Jammu and Kashmir,

Areas in India Himachal Pradesh

Country Rs per Kg

Nepal 15,000 - 25,000

India ( Himachal ) 15,000 – 50,000

Japan 50,00,000

Typical Charas Prices

CHARAS

Hashish AFGHAN HASHISH INDIAN HASHISH

HASHISH OIL

COCAINE

Other Names - Coke, Crack

Source - 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

Coca leaf

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

ECSTACY

METHAMPHETAMINE

LSD blotter paper

Seizures of the major drugs in India (In Kgs.)

Drug/Year 2005 2006 2007

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 4 206 6

Drug/Year 2005 2006 2007

Ephedrine 08 1,276 395

L.S.D (Sq. Paper) 0 0 2,077

Acetic Anhydride 300 133 236

Contd.

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%)

586 8 3 3,124 0 5,161

GANJA 3,676 (3.5%)

2,591 5 20 93,869 4,638 1,04,799

HEROIN 178 (15%)

291 5 21 674 1 1,170

OPIUM 170 (8%)

0 0 196 1,701 4 2,071

MORPHINE 0 0 8 0 34 0 42

COCAINE 1 0 0 0 6 0 7

AGENCY

! DRUGS

NCB DRI CCE CBN STATE POLICE

STATE EXCISE

TOTAL

EPHEDRINE 290 (73.4%)

100 0 0 5 0 395

ACETIC ANHYDRIDE (ltrs.)

0 0 0 199 37 0 236

LSD 0 0 0 0 2,077 0 2,077

METHAQUALONE 1 (100%)

0 0 0 0 0 1

BREAK – UP OF QUANTITY OF SEIZED GOODS IN 2007 (IN KGs.)

PAKISTAN

AFGHANISTAN

SRI LANKA

NEPALBHUTAN

BANGLADESH

MAYNMARKOLKATA

NEW DELHI

THAILAND

LAOS

INDIA DRUG TRAFFICKING ROUTES

HEROIN

MUMBAI

CHENNAIHASHISH

MANDRAX

PRECURSORSPHENSYDYL

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.

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. !!!

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).

!!

Trafficking of Methaqualone and Mandrax to South Africa.

!!Trafficking of drugs through Internet

Pharmacy. !Trafficking of Phensydyl Syrup to

Bangladesh

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

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

SEA Fishing boats and country crafts

Exhaust roof of ship

By post parcels

Coir carpets !

COURIER SERVICE

INTERNET

TYPES OF MODUS OPERANDI

Meth Labs

Heroin concealed in false bottom of suitcase

Heroin in sports shoes

Heroin concealed in books

Heroin in tyre of a car

Heroin concealed in pomegranate

Heroin concealed in

gas cylinder

Heroin concealed in between false walls of a metal jug

Heroin in cricket balls

Heroin concealed in artifacts

Heroin concealed in food packets

Heroin capsules in body

Ganja concealed in an oil tanker

Cannabis in tires of a wheelchair

Hashish in false compartments of wooden paintings

Statue made from Cocaine

Cavity in door panels

False cavity in floor of a truck

Websites offering supply of drugs

without/fake prescription

Individuals ordering Drugs on Internet Payment by credit card

Akhil Bansal Based in US

KINGPIN

Dr. Brij Bansal In Agra

(Source of Supply)

Courier Companies

!!!!Repacking and Distribution of

Drugs In USA !!

ILLICIT INTERNET PHARMACY

COMMUNICATION AND

MONEY TRANSFER

• Variation in Controls • Variation in Prices

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.

■ United Nations Single Convention on Narcotics Drugs , 1961 as amended by the 1972 protocol. !

■ United Nations Convention on Psychotropic Substances , 1971. !

■ The Convention Against Illicit Traffic of Narcotic Drug and Psychotropic Substances , 1988 (Vienna Convention) !

■ United Nations General Assembly Special Session (UNGASS), 1998

UN DRUG CONVENTIONS

AGENCIES INVOLVED IN DRUG LAW ENFORCEMENT IN INDIA

Department of Revenue - CBN – Licit Cultivation of Opium CCF - Processing of Opium Admn. of NDPS & PITNDPS Act

Ministry of Health and - Drug Quotas Family Welfare De-addiction, Harm Reduction NACO

Ministry of Home Affairs - NCB - Nodal Role/Coordination Enforcement/ Demand Reduction

Other Enforcement Agencies - State Police & Excise, Customs & Central Excise, CBI & DRI BSF, SSB, ITBP, COAST GUARD, RPF

Ministry of Social - Demand Reduction Justice & Empowerment Training, NGO’s, Drug Surveys

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)

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.

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)

!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.

SALIENT FEATURES OF NDPS ACT

‘DRACONIAN’ (a) Minimum punishment (b) Burden of proof (c) Preventive detention (d) Confessions admissible !

SCOPE FOR MISUSE

NDPS ACT – contd..

Use of Drug Detection Kits in Drug Law Enforcement

!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

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

! 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

Human Intelligence

Informers

Convicts

Peddlers

Traffickers

Abusers

Schools colleges Pubs Shady joints

! DRUG LAW ENFORCEMENT

!Understanding trafficking trends and modus operandi ! Collect Intelligence And Act :-

Electronic Intelligence

Through Bugs

Voice Logger

Narcotics Detectors

CRIMS

Sniffer Dogs

DRUG LAW ENFORCEMENT

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.

Controlled Delivery. !

Exchange of operational intelligence. !

MOUs/Bilateral agreements with other countries. !

Multi-disciplinary approach.

HOW NCB HELPS !

Assistance to States Scheme

Assistance to state police in destruction of illicit crops

Drug Law Enforcement Training

Drug Detection Kits

Rewards

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

REWARD POLICY

MAXIMUM REWARDS ADMISSIBLECommodity 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.

S. No.

Designation of Officers Functions under the provisions of the Customs Act, 1962

1. !!!!!!!!2.

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 6.7.1984.)

Officers of the Indo-Tibetan Border Police, wherever posted can act under :

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- 102 -> 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.

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).

Contd..

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QUESTIONS, IF ANY ?

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