THE CONTEXT: Actor Sushant Singh Rajput’s suicide and subsequent investigation by NCB regarding wide-scale drug usage in Bollywood Industry and Sandlewood (Kannada Film Industry) Drug scandals have been in news for the last few months. This has brought the role of NCB to the forefront. In this article, we will look into the structure, functions, powers, and responsibilities of narcotic agencies in detail and critically analyze lacunae in their functioning and the reforms needed.
CONSTITUTIONAL PROVISIONS/LAWS/RULES/CONVENTIONS WITH RESPECT TO NARCOTICS
Article 47:
- It directs the State to endeavor to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drugs injurious to health.
International Conventions:
- Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol,
- The Conventions on Psychotropic Substances, 1971
- The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
Laws:
- Drugs and Cosmetics Act, 1940,
- The Narcotic Drugs and Psychotropic Substances Act, 1985,
- The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
- NDPS Act prohibits a person from the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
- It came into effect on the 14th November 1985. The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.
- The Act is designed to fulfill India’s treaty obligations under the Single Convention on Narcotic Drugs, Convention on Psychotropic Substances, and United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
- It made an express provision for constituting a Central Authority for the purpose of exercising the powers and functions of the Central Government under the Act.
NARCOTICS CONTROL BUREAU
The government of India constituted the NCB on the 17th of March, 1986. The Bureau, subject to the supervision and control of the Central Government, is to exercise the powers and functions of the Central Government for taking measures with respect to:
- Coordination of actions by various offices, State Governments, and other authorities under the NDPS Act, Customs Act, Drugs and Cosmetics Act, and any other law for the time being in force in connection with the enforcement provisions of the NDPS Act, 1985.
- Implementation of the obligation in respect of countermeasures against illicit traffic under the various international conventions and protocols that are in force at present or which may be ratified or acceded to by India in the future.
- Assistance to concerned authorities in foreign countries and concerned international organizations to facilitate coordination and universal action for prevention and suppression of illicit traffic in these drugs and substances.
- Coordination of actions taken by the other concerned Ministries, Departments, and Organizations in respect of matters relating to drug abuse.
OTHER NARCOTICS AGENCIES
- Central Bureau of Narcotics (Supervision over lawful cultivation of opium poppy In India)
- Directorate of Revenue Intelligence (It is tasked with detecting and curbing smuggling of contraband, including drug trafficking)
- Customs Authorities
- Border guarding Forces like BSF etc
- State Police, state-level Narcotics agencies, and other law enforcement agencies
- All these agencies help in the control of narcotics drugs in India.
LACUNAE IN THEIR FUNCTIONING
Being used as a political tool:
- As seen in the biased functioning of NCB in various cases viz. SSR case etc
- NCB seems to have waged a war against a section of people from the industry, launching a smear campaign to make individuals look “guilty before proven innocent” through selective leaks to TV channels
Lack of expertise to deal with the latest modus operandi of drug traffickers:
- The global trend of purchasing drugs over the Internet, particularly on ‘darknet’ trading platforms using crypto-currencies has already spread in India.
- Also, poor drug detection training hampers the anti-narcotics operations in the country.
Lack of Human Resource:
- Currently, the anti-drug law enforcement agency (NCB) is working on 60 percent of its total strength of 889 personnel. It has a cadre strength of around 330 personnel, while the rest of its staff is on deputation.
Lack of narco-intelligence:
- Setting up a robust narco intelligence gathering mechanism in the NCB remains a distant dream
India becoming the hotbed of the illicit drug trade:
- India’s two regions such as northwest and northeast are primarily responsible for the spread of drugs in India due to their strategic location.
- International drug cartels are slowly making a base in India. It is apparent from the increase in the foreign nationals arrested for drug trafficking in the country. A total of 219 foreign nationals were arrested for drug trafficking in 2016, and the number jumped to 397 in 2017. Those arrested included nationals from Germany, Russia, the United Kingdom, and other countries.
- NCB report in 2018 has also said that there was a total of 49,450 cases registered for drug seizure and 60,156 persons were arrested for drug trafficking.
- The size of seizures has also increased over the years.
The increasing threat of Narco-terrorism:
- An Intelligence Bureau (IB) dossier on narco-terrorism reveals that Pakistan’s drug industry has also risen in recent years, and its ISI is now pushing more narcotics into India.
Politically motivated Appointments to Top posts:
- Top appointments are politically motivated and expertise is not given preference.
- The Bureau is currently headed by IPS officer Rakesh Asthana, who is known for CBI-vs-CBI drama.
Lack of coordination among various agencies:
- This leads to failure to prevent drug trafficking and drug consumption in India
State-level agencies:
- Very few states have full-fledged narcotic agencies.
Corruption:
- Narcotic agencies are marred by huge corruption. State police have deep nexus with drug peddlers. Ex: recently Delhi Police Cops confiscated 160 Kg of marijuana but reported only 1 Kg.
WHAT ARE THE REFORMS NEEDED?
Independent functioning:
- There should not be any political interference in the functioning of NCB and other narcotic agencies.
- NCB should be guided by the mandate given under the NDPS Act.
- Appointments should be based on merit, not on political considerations.
Enhancing Expertise through training:
- Drug enforcement professionals’ skills need to be constantly upgraded. There is a need to strengthen training capacities and formulate training strategies as per the changing circumstances.
Personnel:
- NCB needs to have a cadre of its own personnel and it should not depend on the personnel(deputation) from other law enforcement agencies.
Co-ordination:
- Co-ordination among various central and state level narcotic agencies needs to be improved.
- Recently, Govt has constituted Narco Co-ordination Centre (NCORD) under Director-General NCB to provide a common platform for concerted actions by all the drug law enforcement agencies and other stakeholders.
Increased cooperation with neighboring countries:
- There should be an exchange of information and investigative assistance and sharing real-time information and coordination operation with nodal agencies of neighboring countries
- India has signed bilateral agreements on drug-related matters with Pakistan, Nepal, Myanmar, Bhutan, Bangladesh, Sri Lanka, China, and Afghanistan and agency-level talks are held regularly between the nodal drug law enforcement agencies of neighboring countries like Bangladesh, Afghanistan, Myanmar, and Sri Lanka.
Strengthening State level anti-narcotic agencies:
- The Center should provide financial assistance to the eligible states for strengthening their anti-narcotics units.
Amendments required in NDPS Act:
- The present NDPS Act fails to differentiate between a casual drug user, a hard addict, a petty peddler, and a seasoned drug trafficker. There is much confusion on the issue of ‘ascertaining quantity’ and ‘purity versus total weight’ as different courts interpreted in different parameters.
Border Surveillance:
- Border Guarding Forces need to enhance their patrolling and surveillance using the latest technological tools and techniques to stop illicit drug trafficking at the borders.
CONCLUSION: Overall, it can be seen that there are various loopholes in the functioning of narcotic agencies in India. Drug menace is a very serious issue impacting the country’s security. Creating law & order issues and destroying the youths in our society. Time has come to carry out radical reforms in their functioning so that India escapes from becoming the “drug capital” of the world.
Narcotics vs. psychotropic substances (As per NDPS Act)
- The narcotic drug” means coca leaf, cannabis (hemp), opium, poppy straw, etc.
- “Psychotropic substance” means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule.
Ex: LYSERGIDE (LSD), ETICYCLIDINE (PCE), MDMA, DIAZEPAM, etc.
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