DRUG TRAFFICKING AND LAW ENFORCEMENT · 2015-01-13 · DRUG TRAFFICKING AND LAW ENFORCEMENT ......
Transcript of 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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