Drug Law Enforcement and National Security

By: Dr. Ish Kumar, IPS

Dy. Director General,NCB

DRUGS- THEIR ORIGIN , CLASSIFICATION AND IDENTIFICATION

NARCOTICS DRUGS - Act as depressants of Central Nervous System , eg. Opiates , Cannabis , Coca alkaloids etc.!PSYCHOTROPIC SUBSTANCES- Mood altering substances either natural or semi-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. 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 in nature eg. Opium , Cannabis , Coca. !!!SEMI – SYNTHETIC- Processed from natural drugs eg. Heroin , Cocaine. !!SYNTHETIC- Made from chemicals eg. LSD, ATS, Methaqualone.

11.115.614.38.624.9158.8(million people)

0.3%0.4%0.3%0.2%0.6%3.8%In % of global population age 15-64

EcstasyAmphetamines

Of which heroin

OpiatesCocaineAmphetamine Type Stimulants

Cannabis

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 were increasing.

Continue…..!

▪ Buprenorphine, propoxyphene and heroin were 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—is a serious challenge

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.

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 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 Traffickers !

AIR !

False Cavity of Suitcase

Plastic Container of Cosmetic Items

Handbags

Inner Soles of sports shoe

Swallowing and body cavities

ROAD !

Jacket/Pant pocket !Specially made cavities in vehicles like

bottom, sides, Inside and above petrol tank etc. !Door frames of the house. !Vegetable oil containers !Sarees !Photo- frames

SEA Fishing boats and country crafts

Exhaust roof of ship

By post parcels

Coir carpets

Electric bulbs !

COURIER SERVICE

INTERNET

MEETING THE 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.

UN DRUG CONVENTIONS

! 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)

AGENCIES INVOLVED IN DRUG LAW ENFORCEMENT (A) National

(a) Federal ■ NCB ■ CBN ■ DCGI ■ Customs ■ DRI ■ CBI ■ BSF, SSB, ITBP ■ Coast Guard

(b) State ■ State Police ■ State Excise ■ State Drug

Controller ■ Forest

Department

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)

Various Laws in Drug Law Enforcement

■ NDPS Act, 1985 ■ PITNDPS Act, 1988 ■ Drug and Cosmetics Act,1940 ■ Customs Act, 1962 ■ RCS Order, 1993 ■ CrPc Act ■ Evidence Act ■ Prohibition and Excise Act

Facets of drug law enforcement

•Seizure of drugs and psychotropic substances. •Arrest and Detention. •Forfeiture of property. •Destruction of illicit crops. •Destruction of illegal manufacturing facilities,Labs. •Internet Pharmacies. !

■ Controlled Delivery. ■ Exchange of operational intelligence. ■ MOUs/Bilateral agreements • Multi-disciplinary approach. ■ PEN (Pre Export Notification). ■ RCS Order (Regulation of control substances

order, 1993) • Assistance to States. ■ Training to various agencies. ■ Reward Policy

!■ 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

DRUG TRAFFICKING

AND

NATIONAL SECURITY

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

➢ The trade in illicit drugs accounts for 8% of all international trade

!➢ Drug traffickers float their ill-gotten money into the

domestic money market like the real estate boom in Bombay and Delhi. !

➢ Similarly, the drug money laundered through Hawala or any other illegal channels deprives India of foreign exchange earnings.

!➢ Increase in black market economy. !

!

SOCIAL COSTS OF DRUG ABUSE (Women Respondents, MSJE-UNODC Survey 2001)

! Health problem Aches and pain 26.5 % Weight loss 29.6% ! Psychological problem Depression 43.0 Anxiety 54.7 Sleeplessness 46.9 Neglect of self 22.9 ! Occupational problems Neglect of work 20.1 Neglect of household work 34.6 Absence from work 22.3 !

Economic problems ! Loss of income 39.7 Debts 15.6 Less money available at home 42.5 Family environment ! Disruption of family routine 43.6 Disturbance of family celebrations 49.2 Reduced leisure time activity 51.4 Violence ! Physical 42.5 Verbal 49.7

HIV !■ 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.

!■ Spread of HIV in India has increased from estimated 1.75 million adults in

1994 to over 5 million by 2005 !

• Government of India and other International agencies have earmarked 2064.65 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 on an average every year from these services . !To facilitate the medical treatment of hard-core addicts who require intensive long-term medical attention, 122 De-addiction Centres are being run in Government hospitals/Primary Health Centres, etc

CORRUPTION !

!Trafficking of drugs is leading to institutional decay, political instability and corruption. !•Law enforcement officials !

•Prosecutors and Judges !•Politicians etc !!!

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: Production, Manufacturing, Smuggling, Bribes, Murders !

DIPLOMATIC ISSUES AND DRUG TRAFFICKING

Pakistan: Acetic Anhydride

Myanmar: Ephedrine and Pseudo-Ephedrine

Bangladesh: Phensydyl Syrup

Srilanka: Heroin

Nepal: Hashish

Maldives: Heroin

NARCO-TERRORISM

What is Narco-terrorism?!➢The concept of "narcoterrorism" was

introduced in 1983 by the Peruvian President Selaunde Terry to designate terrorist-like attacks against his country's drug enforcement police.

➢It either refers to terrorist acts carried out by groups that are directly or indirectly involved in cultivating, manufacturing, transporting, or distributing illicit drugs. !

OR!➢To groups that use the drug trade to fund

terrorism.!

In the arena of narcoterrorism, four types of operators are: !Criminal organizations of the mafia or syndicates (e.g. Medellin cocaine cartel of Columbia). Pablo Escobar as leader of the Medellin cocaine cartel in Colombia, caused numerous assassinations of politicians, presidential candidates, Supreme Court justices, police officers, and civilians, as well as a number of bombings culminating in the bombing of an Avianca commercial airliner in 1989. Placed rewards on the heads of Colombian National Police officers in the amount of $1,000-$3,000 dollars per murder .

Armed movements consist of both religiously- and politically-motivated organizations ("rebels" or "terrorists") and paramilitary groups. !•Aby Sayyaf (The Philippines): cultivation of cannabis •Tamil Liberation Front (LTTE- "The Tigers") in Sri Lanka: courier operations •National Liberation Army (ELN) in Bolivia: all types of operations, except international distribution •Palestinian Islamic Jihad: trade in hashish and heroin •al-Qaeda: trade in opium and heroin • Revolutionary Armed Forces in Colombia (FARC): trade, and taxation and protection of Colombian cocaine cartels •United Self-Defence Forces in Colombia (AUC) all aspects of cocaine trade.

State governments and their intelligence and security services can be involved in the drug trade for both political and commercial reasons.

In Nicaragua, both the Sandinista regime and Contras were involved in the drug trade. General Manuel Noriega in Panama in the 1980s was one of the world's leading "drug barons". !!!!

Narcostates is a concept, which has been used to describe countries (or regions), where the operators of the drug trade through their economic, political, and paramilitary strength influence the exercise of power by the central government. e.g. in Colombia, In Mexico, Afghanistan Burma and Colombia

Terrorists need money—for weapons, equipment, training, computers and other information systems, transportation, bribes, safe houses, forged passports and even payroll.

The manifestations of narcoterrorism are manifold and far reaching: increased drug production; wide spread abuse of drugs; serious drug-related crime; threats to the rule of law, public security, and public health; money laundering; infiltration of the legal economy; and financing of terrorism

NARCO-TERRORISM

AFGHANISTAN AND THE TALIBAN !

Afghanistan is a major source country for the cultivation, processing, and trafficking of opiates. !In 2007, Afghanistan has reportedly produced more than 92 % of the world's supply of illicit opium,( 8200 metric tons). It can produce 820 metric tons of Heroin !!Through the taxation of illicit opium production, the Taliban were able to fund the infrastructure for Osama bin Laden and the Al-Qaida organization. !!

JAMMU & KASHMIR

S Pakistan’s involvement in Narco-Terrorism dates back to the era of Soviet intervention in Afghanistan. !President Zia’s involvement in narcotics trade towards funding the Kashmir ‘Jehad’ which continued even after his death. !According to a UNDP report, Pakistan’s heroin industry is estimated to have a turnover of US $ 74 billion. ! It is likely that narcotics money is used by ISI, to: !•Generate funds to sustain terrorism !

•Sap the vitality of the populace in the border belt !

•Win over the local youth to work as informers/supporters

DAWOOD IBRAHIM !•In 2003, the United States Government declared Dawood Ibrahim a "Global Terrorist. •Involved in largescale shipment of narcotics in the United Kingdom and Western Europe. •Suspected to have connections with terrorist organisations such as AL Quaida and Lashkar-e-Toiba. •His organisation carries out billions of dollars worth 'hawala' transactions. !MOHAMMED IQBAL MEMON AKA IQBAL (MIRCHI) !UAE based Iqbal Mirchi of India is among top 10 international drug traffickers whom President George W. Bush has named as "kingpins". !!!

NAXALS !

Jharkhand Police has destroyed large tracks of poppy cultivation, grown allegedly by Maoists rebels in the State.

Maoist gangs in the district of Murshidabad, West Bengal are appointing middlemen to negotiate with the villagers to take the land on lease for opium cultivation

Nepal Maoists were smuggling heroin and hashish to obtain sophisticated weapons

Protection money by Maoists from cultivators in Gaya and Mohanpur Districts of Bihar. !

Countermeasures against narcoterrorism !!Administrative measures to limit and control production and distribution of drugs. (INCB). !International drug enforcement is coordinated through the International Criminal Police Organization (ICPO, Interpol) and the World Customs Organization (WCO), but the operative measures are carried out by the member countries. !Counterterrorist measures aimed at breaking terrorist organizations. !

Action against money laundering, by tracking and freezing of payments, assets etc. !Activities directed at domestic drug problems include opinion moulding (e.g. on the theme that drug abuse is feeding terrorism), counseling and treatment for drug abusers and drug enforcement at the "street level".

Thank You