An Examination Of The Narcotics Control Bureau (NCB) In India - Strategies, Challenges And Impact
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Category: General Law
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AN EXAMINATION OF THE NARCOTICS CONTROL
BUREAU (NCB) IN INDIA: STRATEGIES, CHALLENGES
AND IMPACT
Amritpal Singh, Research Scholar, CT University, Ludhiana, Punjab. Prof. (Dr.) Simranjeet Kaur Gill, Principal, School of Law, CT University, Ludhiana, Punjab
ABSTRACT
The paper deals with the introduction to the Narcotic drugs bureau in India. With the increased usage of drugs and psychotropic substances in India, there was a need to constitute an agency solely responsible to deal with this issue. The Bureau has been incorporated by the virtue of The Narcotic and Psychotropic Substance Act 1985. It also deals with the need and impact of the Narcotic Bureau in Indian society. It also deals with the impact that has been created with the constitution of the Bureau. It analyses that how drug abuse affects the public health system. It also studies the challenges that have been faced and emerging owing to drug abuse. Keywords: Narcotics Control Bureau, Drug Trafficking, NDPS law, Drug Abuse India, psychotropic substances.
Introduction: The Constitution of India is the fundamental law of the State of India. The Constitution provides us the basic principles underlying in the governance of the country such as Fundamental Rights and Directive Principles of State policy. Article 47 of the Indian Constitution provides that the state is obligated to implement the prohibition of consumption of intoxicating drugs which are injurious to health except for medicinal purposes. Along with the Constitution of India, the intoxicating drugs are prohibited by the virtue of various other laws and international conventions that have been ratified by India. As India is member and ratified various conventions such as Convention on Narcotics Drugs 1961, the Conventions on Psychotropic Substances, United Nations Convention against illicit Traffic in Narcotic Drugs and Psychotropic substances 1988.
There are various central acts also that prohibit the domestic usage of the narcotics drugs. 1 In addition to these, India is a signatory party to different Memorandum of Understanding which exclusively deals with the prohibition on matters relating to psychotropic substances involving nine countries. In India, there are three central acts that deal with prohibition the usage of psychotropic substances. As the Central Government is responsible for this function working under various ministers. Narcotic Drugs Bureau: The establishment of Narcotics Drug Bureau derives its origin from the Central Act called as Narcotic Drugs and Psychotropic Substances Act 1985. Section 4 of the act provides for the establishment of the authority on the national level through which the central government will exercise the powers and functions entrusted by the Act.
Narcotics Drugs Bureau is the supreme authority that coordinates with other agencies to prevent the drug trafficking. The Bureau works in various zones that have been divided across various geographical areas across the territory of India. The zones are responsible to gather information from the sub zones concerning the seizures of narcotic drugs and psychotropic substances. The 1 Bhardwaj, Vivek. "The Role of the Narcotics Control Bureau in Drug Enforcement in India. " Journal of Indian Law, vol. 12, no. 3, 2022, pp. 45-60.
information is collected, disseminated, analyze the cycle of distribution ad trends of drugs supply. The bureau works in cooperation with various other government agencies such as State Police, Central Bureau of Investigation and Economic Intelligence bureau. 2 The Bureau works as an apex drug law enforcement and intelligence agency under the Ministry of Home Affairs. It headquarter has been located in New Delhi. Strategies: The Bureau is responsible for the action coordination of different government offices working under their appropriate governments. The law enforcement is concerned only in the matters of drugs. It also implements other countermeasures concerned with the drug control. The Bureau is also responsible for implementation of various international conventions and protocols to which India is a signatory party.
It is also responsible to provide assistance to the concerned International authorities working in coordination with Indian Agencies. It helps to facilitate measures used in suppression of the drug abuse and trafficking. It also works with the other ministries of the Central government in the matters concerning psychotropic substances and drug abuse. 3 Need of Narcotic Drugs Bureau: With the increased globalization and Trade across the globe, world’s population has an immediate access to such things that are not even indigent in the country they are living in. The access has also been extended to the dangerous substances such as psychotropic substances. With this, there has been increased usage of drugs and psychotropic substances. In 1984, the government analyzed and emphasized that there is a need to have a dedicated law on the Drug trafficking.
As per article 47 of the Indian Constitution also provides that it is the 2 Kumar, Arun. Drug Trafficking and Its Impact on Indian Society. New Delhi: Oxford University Press, 2019, pp. 85-97 3 Ministry of Home Affairs, Government of India. Annual Report on Narcotics Control 2021-2022. Government of India, 2022, pp. 150-155.
duty of the state to prohibit the usage and consumption of the narcotic substances and drugs. Therefore, the Narcotics Drugs and Psychotropic Act 1985 were enacted. Roles and Functions of Narcotic Drug Bureau: The roles and responsibilities of the Narcotic Drugs bureau have been prescribed by the Narcotic Drug and Psychotropic Act 1985. The Bureau works under the supervision and management of Government of India. Following are the functions that have been entrusted to the Narcotic Drugs Bureau:
1. The bureau is empowered to control and restrict the precursor chemicals. The restriction extends
to their domestic use.
2. Various offices, department’s, and ministries works in consonance with the Narcotic Drug
Bureau in the cases related to drugs and psychotropic substances.
3. The authorities working under the customs Act, Drugs and Cosmetics Act, NDPS Act and
various other enactments dealing with drug enforcement.
4. Implementation of countermeasures associated with the illegal trafficking and peddling of the
Drugs.
5. The NCB is also entitled to take care of all the international conventions that have been entered
into or may be entered by the Indian government.
6. The Bureau also provides assistance and coordination to other state agencies that are working
for the drug implementation.
7. It helps states to fight illicit trafficking and procurement of drugs.
Impact of Narcotic Drugs Bureau: Indian jurisprudence of criminology states that there are two essential elements of any offence are Mens Rea and Actus Reus. These elements have to be established by the Prosecution for
proving the accused guilty. In case of Drug Trafficking the laws are very stringent. The slightest of the doubt shall also result in establishment of the Narcotics Drugs Bureau.4 India is considered as one of the most vulnerable states in the matter of Drug trafficking. Substance abuse is one of the major problems that India has been facing. The reason behind this vulnerability is proximity of territory of India to the golden triangle of Myanmar, Laos, Thailand and South west countries like Afghanistan, Pakistan and Iran which are popularily known for the golden crescent. A report of the AIIMS’s National drug Dependence Treatment Centre 2019 talks about
population of more than 2% is involved in opioids substance use. In addition to it more than 1% population needs help for their addiction. The NCB was established with a view to control drug trafficking. But with the passage of time its concerns have changed. There are numerous types of medicinal, psychotropic and substantial drug abuse prevailing in the Indian Society. Sensitizing of pharmaceutical industry is one of the major concerns that have emerged due to circumstances prevailing in the society. As in India, many medicines are being misused illicitly for the drug abuse. The major chemical compounds which are being misused are heroin and methamphetamine. In the year 2020, there were more arrests recorded as compared to preceding four years.
Along with the heroin and methamphetamine, various other substances have also been seized and procured such as mephedrone, ketamine, hashish, marijuana and cocaine. Many other scheduled psychotropic drugs are also under the purview of the Bureau. 5 The Bureau recovered one of the biggest drug scams recovering 1818 kg of pseudoephedrine, two kg of heroin, from a government official’s residence which was worth Rs one thousand crores. The house was occupied by the Nigerian which was being used by them as a drug manufacturing unit. 6 4 Patel, Raghav. "Strategies Employed by the NCB in Combating Drug Trafficking in India. " International Journal of Criminal Justice, vol. 15, no. 2, 2021, pp. 120-130 5 Narcotics Control Bureau, India. NCB Handbook on Drug Control Policies. New Delhi: NCB Publications, 2020, pp. 20-25. 6 Singh, Neha. "Challenges Faced by the Narcotics Control Bureau in India.
" Law and Policy Review, vol. 18, no. 4, 2020, pp. 98-104.
A total no of 142 operational syndicates were under the radar of the bureau involving heroin
trade of Rs 1400000 crore and 2 million heroin addicts. The syndicates were having international links with various links. 7 Narcotic Drugs Bureau and its functioning: According to a report, till 2019 about 74,620 people have been arrested in the cases of Drug trafficking across 26 states. The reports suggest that Punjab has emerged as an epicenter of drug smuggling due to its proximity with the international borders with the countries who are leaders of the drug fiasco. Out of 74, 620b arrests more than 15449 arrests are solely from Punjab which is very alarming. Therefore to avoid increase in illicit drug abuse activities, Narcotic Drugs Bureau has undertaken all other monitoring in the cases related to money laundering, terrorism etc. Additional appointments have been made by the Narcotic Drugs bureau which ultimately resulted in more seizue cases in Mumbai, Guwahati, and Indore.
Narcotic Drugs Bureau also took part in various global initiatives that have been led by the global leaders to fight the increasing Drug menace. One of the important operations is “Operation Trance” which is an intelligence gathering action to control the postal courier and shipment that carries the drugs and psychotropic substances. It also covers those drugs which are prescribed by doctors as a medicine and later are misused such as Sedatives and painkillers. This operation resulted in busting drug rackets that were spread in more than seven countries. 8 The Bureau has worked with immense focus, traced immovable properties and cash in the NDPS cases. In the year 2016, NCB also froze bit coins as a part of their investigation and seizure. The NCB is continuously putting efforts to control drug abuse in India.
Challenges to Narcotic Drugs Bureau: Drug abuse is a social problem which is evolving with the society. As the society is emerging to a new revolution, the social problems are also expanding. With new concepts in the society like hustle culture, unemployment, depression etc. the youth is drawn towards drugs for various 7 Sharma, Priya. "Judicial Oversight of Narcotics Control Bureau's Activities in India. " Indian Legal Review, vol. 19, no. 1, 2021, pp. 75-89. 8 Raj, Anupam. The Narcotics Control Bureau: A Critical Study of India's Anti-Drug Efforts. Mumbai: Orient BlackSwan, 2018, pp. 56-70.
reason such as stress reduction and avoiding problems. Following are the challenges that NCBs facing in the modern society to fight drug abuse. 9 Lack of Awareness: In India, the root of almost all the social issues is lack of awareness. The drug abuse is also expanding due to lack of awareness among people. The drugs are advertised by creating notions positive about their consumption. And due to lack of awareness, their ill effects are often disguised which are disclosed after the person is addicted. Dark net: With the expansion of cyber space, it has resulted in both positive and negative way. Dark net makes it difficult to trace as they are anonymity and low level of risk involved. The new market of drugs has been taken over by the dark net. It is suggested by various reports that more than 60% of the dark net is used for drug trafficking.
Trafficking by local gangs: It is a new trend seen in the society that instead of drug peddlers the drugs are being supplied and dispersed by the local gangs in their areas where that are known for other crimes such as extorting money, supplying arms and ammunition. Nexus between NRIs Politics and Drug lords: It is often alleged by the police and media that there are numerous rackets being run by the NRI with the support of leading politicians. It is also alleged that ISI in Pakistan is also involved in the increased distribution of drugs in India. 10 Conclusion: As Narcotics Drugs Bureau have been established to cater the problems of drug abuse and implementation. But often due to other agencies and authorities, it sometimes results in 9 Das, Arvind K. "India's Fight Against Drugs: Role of the Narcotics Control Bureau. " Asian Journal of Public Policy, vol. 14, no. 3, 2022, pp.
134-146 10 Gupta, Rishi. "The Impact of Narcotics Control Bureau's Enforcement on Drug Cartels in India. " Journal of Contemporary Social Sciences, vol. 16, no. 2, 2020, pp. 204-217
overlapping of the functions. The Ministry of Home Affairs is responsible for the drug trafficking control along with the international relations handling. The execution related to finance is under the control of Department of Revenue, Ministry of Finance. The Ministry of Social Justice and empowerment is responsible to rehabilitate the drug addicts, aftercare and prevention. Some duties are entrusted to Ministry of Health and family welfare. Intelligence matters are handled by the Directorate of Revenue Intelligence. As there are so many agencies involved, it requires demarcation of the functions among these authorities. In result of this, Narcotic Drugs Bureau has also demanded reduction in their mandate. To control the NCB must focus on cross border trafficking as many drugs are not manufactured in India they are being imported from other countries.
Proper campaigns for counseling and awareness shall be organized by the government. it must be accepted by the society that drug addicts are not criminals but victims who are in dire need of help. Collective effort is required by society, families, and the government to fight against drug abuse and trafficking. Citizens must also participate and report any kind of peddling and distribution of the drugs in their areas and coordinate with government officials.
REFERENCES
Bhardwaj, Vivek. "The Role of the Narcotics Control Bureau in Drug Enforcement in India." Journal of Indian Law, vol. 12, no. 3, 2022, pp. 45-60. • Kumar, Arun. Drug Trafficking and Its Impact on Indian Society. New Delhi: Oxford University Press, 2019, pp. 85-97. • Ministry of Home Affairs, Government of India. Annual Report on Narcotics Control 2021-
2022. Government of India, 2022, pp. 150-155.
Patel, Raghav. "Strategies Employed by the NCB in Combating Drug Trafficking in India. " International Journal of Criminal Justice, vol. 15, no. 2, 2021, pp. 120-130. • Narcotics Control Bureau, India. NCB Handbook on Drug Control Policies. New Delhi:NCB Publications, 2020, pp. 20-25. • Singh, Neha. "Challenges Faced by the Narcotics Control Bureau in India. " Law and Policy Review, vol. 18, no. 4, 2020, pp. 98-104. • Sharma, Priya. "Judicial Oversight of Narcotics Control Bureau's Activities in India. " Indian Legal Review, vol. 19, no. 1, 2021, pp. 75-89. • Raj, Anupam. The Narcotics Control Bureau: A Critical Study of India's Anti-Drug Efforts. Mumbai: Orient BlackSwan, 2018, pp. 56-70. • Das, Arvind K. "India's Fight Against Drugs: Role of the Narcotics Control Bureau. " Asian Journal of Public Policy, vol. 14, no. 3, 2022, pp. 134-146. • Gupta, Rishi.
"The Impact of Narcotics Control Bureau's Enforcement on Drug Cartels in India. " Journal of Contemporary Social Sciences, vol. 16, no. 2, 2020, pp. 204-217.