A PROJECT REPORT ON: - “NARCO TERRORISM: A SOCIO-

LEGAL STUDY”

PROJECT SUBMITTED TO:

Mr. Manoj Kumar

(FACULTY OF TRANSNATIONAL CRIME)

PROJECT SUBMITTED BY:

SHOAIB ALVI

(SEMESTER IX)

ROLL NO.153

SUBMITTED ON: 25.10.2018

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR, CHHATTISGARH

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 ACKNOWLEDGEMENT

I feel highly elated to work on the topic “NARCO TERRORISM: A SOCIO-LEGAL STUDY”
The practical realization of this project has obligated the assistance of many persons. I express
my deepest regard and gratitude to my teachers for their unstinted support. Their consistent
supervision, constant inspiration and invaluable guidance have been of immense help in
understanding and carrying out the nuances of the project report.

I would like to thank my family and friends without whose support and encouragement, this
project would not have been a reality. I take this opportunity to also thank the University and the
Vice Chancellor for providing extensive database resources in the Library and through Internet.

My gratitude also goes out to the staff and administration of HNLU for the infrastructure in the
form of our library and IT Lab that was a source of great help for the completion of this project

Some printing errors might have crept in, which are deeply regretted. I would be grateful to
receive comments and suggestions to further improve this project report.

Shoaib Alvi

Roll No. 153

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 CONTENTS

ACKNOWLEDGEMENTS………………………………………………………………...…02

CHAPTER 1:- INTRODUCTION………………………………………….............……..04-09

 OBJECTIVES…………………………………………………….....……………..……09
 NATURE OF STUDY AND SOURCES OF
DATA……………….………………………............................................…………...…09

CHAPTER 2:-NARCO TERRORISM: INTERNATIONAL DRUG TRAFFACKING AND

TERRORISM………………………………………….........................................................10-15

CONCLUSION……………………………………………………………………….……..16-17

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 CHAPTER - I INTRODUCTION

The most ubiquitous form of transnational crime in the news today is the marketing of drugs.
This profession of marketing drugs is called drug trafficking. The entire world’s leadership is
concerned over this growing industry. Thousands of kilograms of various forms of this slow
poison are a source of livelihood for many. The headlines concerning the drug trade do not stem
from drugs crossing borders that have been happening for decades. Drug trafficking has emerged
as an international debate because of the violence associated with the industry. The total amount
seized could just be the tip of the iceberg and in India the total seizure is around 1.62% of the
total seizure across the globe. The main reason that India is highly susceptible to drug trafficking
is that it is geographically extremely close to South and South West Asia where these drugs are
grown and harvested. Interestingly the largest consumer of drugs is not the developing countries
which harvest them but developed countries like USA, France, Australia etc. where these drugs
are prohibited. Again interestingly it seems that it is this prohibition that makes the smuggling of
drugs such a huge money churner and a huge attractive or lucrative business. This attraction or
curativeness is a huge challenge to societies of the world.

Drug trafficking is a journey that starts from the fields of a farmer and ends at the hands of a
drug user. The illegal marketing agencies ensure that there is a smooth trafficking of the
prohibited drugs from the fields to the ultimate user. Drug trafficking, however, does not have a
precise definition. The definitions of drug trafficking is as follows:- 1

1.) Drug trafficking is a global illicit trade which is prohibited by law and that trade involves
cultivation, manufacture, distribution, and sale of substances.

2.) Drug trafficking can be defined as the movement of international goods and services and that
movement is deemed to be illicit because the goods and trade is illicit and moreover the purpose
for the trade is also illicit.

1
D. Nicholas, European Drug Policies and Enforcement, Macmillan Press Ltd., London, 1996, p.11

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The production of opium was very high in India from the eighteenth to twentieth century. The
major trade of the world of opium used to be of the opium produced in India. Many would hold
India responsible for the beginning of this opium trade. However it is important to not over here
that opium used to be only produced in India. It was mainly run by the British Empire. Thus,
opium functioned as a keystone factor of the British Empire in Asia. People in the Indian
subcontinent were forced to cultivate poppy seeds etc. Asia has a long history of having to deal
with such substances which have a bad effect on the human mind. Today we wish to save our
present generation from the ill effects of drug abuse. In the colonial period spices of India were
very famous. They used to be exported to the all parts of the world. The Indian tea was also
exported worldwide. Various European countries were attracted towards India because of the
spices. But along with the spices opium also got exported. In India Mughal rulers cultivate the
opium and the British took the poppy cultivation to China.

11 Asian countries such as Turkey, Japan, Iran, Afghanistan, India, Laos, Thailand, Vietnam,
and China started the cultivation of poppy seeds. Even some parts of Russia and Central Asian
Republics were not spared from this poppy cultivation. These drugs then evolved into various
types like opium, ecstasy, heroin, and Amphetamines. Nowadays this second largest trafficking
route in the Asian continent is from Myanmar and the Lao PDR (Peoples Democratic Republic)
to China and Thailand. Severely Trade is growing by leaps and bounds due to globalization and
the rivalry between countries. The Golden Triangle and the Golden Crescent are known to be the
two areas where the opium is grown and harvested. This Golden Triangle mainly consists of
three countries of South East Asia namely Thailand, Laos, and Burma (Also known as
Myanmar). This means roughly an area of 35000 square kilometres. The area that is called the
Golden Crescent also consists of three countries namely Pakistan, Afghanistan, and Iran. Since
the 1950s’ these countries have been volatile. In these countries there is a constant trouble
between the government on one side that wishes to restrict this production and those people on
other side who have made this production of drugs an important source of their livelihood.2

2
P. Talalay, Drugs in Our Society, Oxford University Press, London, 1964, p. 11

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It has been the top priority of many countries to put an end to the evils of drug trafficking and a
lot of measures regarding the same have been adopted in the 20th century in many countries.
Most of the psychoactive substances are under strict international control. The international
opium convention signed in 1912 at Hague set a precedent. In this convention the level of control
required for every substance was clearly defined. In 1961, the signal convention on narcotic
drugs provided a control over the use, distribution and production of cannabis, opium, heroin,
synthetic opiates and cocoa and its related substances. In 1971, the convention on psychotropic
substances covered the control of hallucinogen like LSD, amphetamines and stimulants as
amphetamines and hypnotics such as benzodiazepines and barbiturates. In 1988, the UN
convention against illicit trafficking in narcotic drugs and psychotropic substances in 1988
provided over the drugs that are basic raw materials for various drugs such as potassium
permanganate, ephedrine etc. in 1985, the narcotic drugs and psychotropic substances act
(NDPS) was passed. This Act gave a legal framework for the enforcement of law against drugs.
This act was formed mainly by taking into consideration the Opium Act of 1857, and the
dangerous drug act of 1990. This act provided the necessary provisions for the discharge of
India’s obligation to the world community The Narcotics Control Bureau was formed in 1986
under the provision of this act in order to enforce the act effectively. In the various central and
state level departments we also have the Narcotics cells as in police, customs etc. it must be
noted that India’s location in the Indian Ocean is apt for safe drug trafficking routes

THE GOLDEN CRESCENT’S ROLE

The Golden Crescent is the area of West, Central and South Asia which is well known as the
main area where illicit opium is produced. The Golden Crescent consists of three countries of
India, Pakistan. In this Golden Crescent the location of Pakistan is extremely strategic as it is at
the centre of the Golden Crescent. The historical evidences reveal that initially opium was one of
the various articles traded in by the Arab traders along the silk route. On those days some of the
famous halts and trading centers for the Arab traders were Makran (at the coast of Pakistan),
Kabul and Kunduz in Afghanistan and Peshawar in Pakistan. The traders did unrestricted trade
of opium in those days. Pakistan separated from India in 1947. Being at high altitudes; it was a
well known poppy growing area in the sub continent. Opium production was at its best in
Pakistan in 1980’s until 1985 and then it declined in the nineties. The main reason for this was

6
the poor weather conditions due to global warming and other natural calamities. Seven million
tribal inhabitants of this area are virtually a law unto themselves. Most of the opium growth here
is taken over the border into Afghanistan by Kurdish or Pathan tribe men, from there a major
chunk goes to Iran for domestic consumption, some is taken to Istanbul by Kurds and some is
loaded on the boats of a small size in the Gulf of Oman or the Iraqi Gulf and shipped to Dubai.
Karachi is a frequently used Tran’s shipment point. The Pakistan and the Afghanistan border
being a hilly region produce large amounts or heroin and opium. As far as Pakistan is concerned
it has been constantly under high pressure and sanctions from international organizations and
also from their own government as several Pakistanis themselves are addicted to these drugs. In
1989, the heroin addiction rate in Pakistan was alarmingly 1.2 million. Afghanistan and Iran too
have been a major part of the poppy cultivation and drug abuse. In spite of an official ban on the
production or use of drugs in Iran since 1980 and death penalties for traffickers who possess 30
grams more of heroin, Iran has been one of the major producers of opium in the Asian continent.
Drug Related crimes constitute for around 80000 of the population of the prisons in Iraq. This is
a huge figure if we consider that the total population of the Iranian prisons is 170000 (app.).
Annually the Iranian police arrest thousands of smugglers who smuggle narcotics like morphine,
hashish, heroin and opium for the first time in their lives. They try to hide the narcotics in
innovative places like bank notes, soles of their shoes, toothpaste, furniture, electrical appliances
and video cassettes. Iran has almost got two million drug addicts. Refining and distribution of
drugs appear to be controlled by ethnic minorities as principal laboratories are situated in
Kurdish control sectors of north west Iran and the Baluchi tribal sector of the south east.3

THE GOLDEN TRIANGLE’S ROLE

The three countries that make up the Golden Triangle are Thailand, Laos and Myanmar (Burma).
Fortunately none of these countries fall within the Indian sub continent none the less these
regions have heavily impacted on the growth, demand and supply of psychoactive substances all
over the sub continent. According to the United Nations in 2002, the Golden Triangle got most
of its opium from Burma which is about 800 metric tons. This is because most of the poppy
production in Thailand has been finished and Laos has been raging a strong battle against
narcotics.

3
J. Alison, Terrorism and Trafficking in the 1990’s, Dartmouth Publishing Company Ltd., England, 1994, p.54

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However this Golden Triangle has flourished because the number of drug addicts in Thailand has
increased and the production of methamphetamines has exploded in Burma. The Golden
Triangle has produced opium for centuries, the importance of the region in the drug trafficking
trade markedly increased in the 1960s with the influx of US soldiers in South East Asia to wage
war against North Vietnam. There are many laboratories of illegal narcotics situated in the areas
bordering China, Laos, Myanmar and Thailand. Most of the illegal heroin drugs in the world are
supplied by this region. The magnitude of the problem was realized when Mong Tai’s army had
surrendered in January 1996. Mong Tai was the coordinator of the illegal drug trade of Golden
Triangle. Recently it was found that various heroin laboratories were situated far from the Shan
state, that in the market of Thailand, there was a huge shortage of heroin and that this had
consequently increased the heroin along the border area between Thailand and Myanmar. This
clearly shows that the production and sale of heroin had greatly decreased and that the
laboratories of heroin drug were slowly getting out of business. 11 heroin laboratories in the
eastern and northern areas of Shan state have been destroyed by the law enforcement agencies.
During the raids on the laboratories, a large number of heroines had been seized from the
laboratories. This raw heroin was in the process of getting manufactured.4

4
Verinder Grover, Encyclopedia of International Terrorism, Deep &Deep Publications, New Delhi. 2002, p.368.

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OBJECTIVES-

 To study the historical perspective of Drug Smuggling and look into the role of Golden
triangle and golden crescent.
 To study narco terrorism, international drug smuggling and terrorism.

NATURE OF STUDY AND SOURCES OF DATA

This research project is qualitative analytical and descriptive in nature. It is largely based on
secondary & electronic sources of data books & other references. The original sources of law
such as Statues, Case laws and Law Commission Reports, as guided by the faculty of
Jurisprudence have also been widely referred to

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 CHAPTER - II NARCO TERRORISM: INTERNATIONAL DRUG
TRAFFICKING AND TERRORISM

Narco- terrorism, the term employed to describe the close links between drug activities and
political disturbance, represents an alliance between two of the most disruptive, divisive, and
uncontrollable segments of society in the world today – those involved in the illicit narcotics
trade, and those perpetuating violence against the state. According the former chief of the Central
Intelligence Agency, William J. Casey, These two groups have radically differing goals. Drug
dealers are after one thing only: Money and lots of it. They are above all, merchants who wish to
preserve their trade. Drug dealers see their interest as being corruption and gradual control or
manipulation of the established regime – to include buying policemen, security agents, judges,
members of parliaments, and even premiers. Money is the means and also the object for the
narcotic pushers. Terrorists, on the other hand, are out to destroy the existing system. If they had
their way, they would not corrupt the policemen and the judges they would kill them. Both the
sentiments set out in pursuit of objectives which are totally diverse in nature, but their common
enemy remains state power.5

The major cause of concern of today is that a nexus has developed between drug dealers and
terrorists. Due to the flourishing trade of drug trafficking the various terrorists outfit of the world
are now financially independent and they do not need the sponsorship of any states. Drug
trafficking provides terrorism the financial support which helps them to carry out various acts of
destruction .Terrorism has thus become a major security threat for even those countries who had
once sponsored them. There was a time when we had the concept of good terrorism and bad
terrorism. The states which used to sponsor the terrorists used to consider their terrorists as good
because of the causes the terrorists used to stand for and the countries who used to be the victims
of such terrorist activities used to brand the terrorists as bad. However, ever since these terrorists
have shaken off the yoke of the states, they have even started standing up against them. The main
reason behind this would again be the income generated by drug trafficking. On a social level,
we need to reduce the consumption of drugs .Here the international community needs to develop
a sound policy to fight against drug trafficking.

5
Rachel Ehrenfeld, Narco Terrorism, Basic Books, New York, 1990, p.74.

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We need to ensure that drugs are not harvested in the fields by any farmer, to ensure that no drug
trafficker has the necessary logistics in marketing the drugs and to ensure that no person finally
gets to consume drugs.6

This nexus that exists between drug trafficking and terrorism is called Narcoterrorism. People
involved in narco terrorism are trying very hard to systematize, legalize and strengthen the state.
The drug barons have also been trying to make themselves a part of the community by
sponsoring various social activities like sports, hospitals, schools etc. These drug lords are trying
to create a parallel government in every country that they operate. Unfortunately in many
countries these drug lords are extremely powerful and have a strong influence in their respective
countries. The drug lords are able to provide monetary as well as other resources needed to
mount electoral campaigns. They have at their disposal an efficient, readymade organization and
infrastructure for providing campaign support.

They are also capable of influencing local leaders who are dependent upon the under- world.
Many a time, these elements also control the press. Organized crime is often employed for large
scale electoral malpractices such as booth- capturing and rigging. Narco terrorism is simply
defined as the trade of Narcotics by various terrorist organization of the world. Coordination of
effort between nations is necessary to check it. Export of narcotics is not easy to check unless
concerted international efforts are made to strike at the roots of the transnational drug industry.
Narcotics and money laundering, and smuggling of arms and explosives must be curtailed
through integrated and well planned strategies. The aim should be to disrupt the operations of all
transnational agencies involved in drug trafficking and narco terrorism. Presently, there is no
system which is specifically dedicated to counter narco- terrorism. An efficient and effective
system to counter narco – terrorism is needed. There should be specific targeting of the
international criminal gangs involved in narco – terrorism

6
bhir Sawant, “The Growing Menace of Narco- Terrorism in Asia”, Encyclopedia of International Terrorism, Deep
&Deep Publications, New Delhi, 2002, pp.347-378, p.347.

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 CONCEPT OF NARCO TERRORISM

The bipolar ideological struggle between democracy and communism has emerged because of
the end of the cold war. It has also affected changes in the nature of the international threat from
terrorism. During the Cold War, the main terrorist threat was political in nature, generated by
groups holding contrary, the colonial perspectives by the states they attacked. Today, the basis of
world terrorist activity is tied to organized crime and the narcotics trade. It is the process of drug
cultivation, processing, transportation and distribution which spawns a major part of the
disturbing global criminal and political violence. Drug money has been used to arm and finance
diverse groups such as organized crime, insurgents, guerrillas, secessionists, and urban terrorists.
The people involved in trafficking of narcotics and psychotropic substances are generating a
huge capital for themselves. These organizations have not only combined into cartels but have
also learned to manage their businesses in an effective way and they have developed means in
getting their profits legalized .This also increasing the corruption in the countries in which they
operate. In order to get their income legalized these drug barons have derived techniques of
greasing the palms of the high officials to get their work done. Because of the huge financial
strength of these drug barons it is unfortunate that they can also influence the politician,
judiciary, media and various other important sectors of the society which would otherwise work
against them.

If this continues to grow limitlessly then they narco terrorist groups could run parallel
governments in almost every country of the world. It is also possible that they may have an
influence on the public opinion of the countries. It is also possible that the various sectors that
were actually working against drug abuse may also start propagating the use of drugs for reasons
other than medical.7

7
John Richard Thackrah, Encyclopedia of Terrorism and Political Science, Rout ledge and Kegan Paul Books,
London, 1987, p. 164.

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 POTENTIAL LINKS BETWEEN DRUG TRAFFICKING AND TERRORISM

When the cold war ended, it brought to a close the bipolar ideological struggle between
democracy and communism. It also affected changes in the nature of the international threat
from terrorism. During the cold war, the main terrorist threat was political contrary in nature,
generated by group’s holding contrary, decolonical perspectives the states they attacked. Today,
the basis of world terrorist activity is tied to organized crime and the narcotics trade. It is the
process of drug cultivations processing, transportation and distribution which spawns a major
part of the disturbing global criminal and political violence. Drug monies have been used to arm
and finance diverse groups such as organized crime, insurgents, guerrillas, secessionists and
urban terrorists. The people who are involved in the business of trafficking in narcotic and
psychotropic substances are able to generate huge revenue when they operate at the international
levels. They have developed various means and methods by which they are able to flourish at a
national and international level. They have mastered the methodology of manipulating the
system in such a way that all their illegal income derive from the trafficking of narcotic and
psychotropic substances gets legalized in the due course of time .They are able to use the system
to their own advantage and influence politicians, public, media etc. which are the state actors
who should have otherwise spoken against them. In many cases we also see the drugs that are
being used for non medical reasons are in fact getting promotion instead of condemnation. In
such a situation it so seems that this trade of drug trafficking may be able to go unabated.

Drug trafficking contributes to terrorism in five distinct ways:

1. They create instability in all the three types of countries mentioned above that are involved in
drug trafficking. A chaotic environment in such countries helps in the growth and
development in the narco terrorism.
2. It supplies terrorist organisation with the much million revenue.
3. Drug trafficking also creates corruption in the various sectors of the society which should
actually be working against them. A corrupt society is a safe breeding ground for terrorists.
4. A lot of the state machinery gets weakened because it is involved in curbing drug trafficking
and such a situation is helpful for terrorists.

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5. Drug traffickers provide various infrastructural supports to the terrorists. Various activities
such as money laundering or provision of arms and ammunition etc are provided by the drug
dealers to the terrorists.

The connection that exists between terrorists and drug dealers mainly depends upon the
country in which they operate. It has been observed that in countries where the social and
political system is weak and jittery Narco terrorism thrives. It is very easy for drug lords to
manipulate a national structure where there is corruption in the bureaucracy and political
instability. Here criminal organizations either flourish to become international drug
trafficking organizations or become terrorist groups. In other words it can be said that
Traffickers of drugs would want that the governments in the countries where they operate are
weak and unstable .It is because of this reason that we find that drugs are usually harvested in
a country with a weak government .By the sheer force of their money power they are able to
manipulate the system to their advantage. They find useful allies in the businessmen and the
financial organizations of the country because these allies help them greatly to make their
illegal money legal. This legal money is then invested in a legal manner in stock markets,
films, international trade, foreign exchange rackets and real estate. This investment further
generates more income for narco terrorists. Enforcement agencies also realize the menace of
money laundering .To maintain the stability, they take recourse to cross border financial
transfers For this reason the Narco terrorists need to set up an entire network of production
and distribution in various countries of the world . So a country in which drugs is produced ,
a country from which drugs is marketed and a country in which it is sold may or may not be
the same .Here money laundering helps in making or receiving payments for sale and
purchase of narcotics . This means that even if we eliminate drug trafficking in one country it
will continue and threaten to again come back because the system and network remains intact
in other countries. It has also been seen that if a country’s government is strongly influenced
by its military then drug traffickers flourish in such country because they find it easier to
influence the military structure. It has been seen that in countries where the state government
is weaker than its military the narco terrorists will continue to thrive.8

8
Douglas L. Keh, Drug Money in a Changing World: Economic Reform and Criminal Finance, United Nations
International Drug Control Programme, Vienna, 1996, p.2.

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Narco terrorism is mainly based upon the collaboration between drug dealers and arm traffickers
at the international level. Various people are involved in this drug trafficking business at various
stages .The first stage involves those people who grow and harvest the basic raw material of this
drug in their fields. The second stage involves those people who process this raw material into
drugs and ensure that these drugs reach their destination. At the third and last stage we have
those people in the countries where the drugs are sold to the ultimate consumer. This network of
drug dealers at various stages is extremely elaborate, complex, intermingled and connected. In all
these three stages we find that the drug traffickers help and protect each other and this entire
network of drug traffickers have a synergetic relationship with each other. The drug traffickers
and their network requires the protection given to them by the terrorist organizations and the
terrorist organizations need the capital provided to them by the drug trafficking network .Narco
terrorism realizes that if the entire system is protected only then can they prosper .It is also been
found that in many cases the person or the organization who smuggles the drugs is also the one
which deals in the transportation of arms and ammunition. Many illegal organizations are getting
attracted to drugs and arms trafficking because these trades are getting lucrative as they earn
huge profits. Unfortunately the cartels dealing in narco terrorism are getting grouped and
systematized because of which their effectiveness is increasing at both the national and
international level. Interestingly the state agencies which should work against them are getting
weaker because they are able to exert their influence on the state agencies. The judiciary, the
police, the politician and the people are getting strongly influenced by the narco terrorism simply
because narco terrorists are able to use the money power they have. In order to reduce drug abuse
in a country we require that the mentioned state agencies should influence the public opinion and
dissuade public from drug abuse. However narco terrorists are influencing the public to make
non medical use of the drugs and use drugs as intoxicants. If public opinion will grow towards
drug abuse then the sales of drugs within the economies will increase.9

9
Sudhir Sawant, “The Growing Menace of Narco- Terrorism in Asia”, Encyclopedia of International Terrorism,
Deep& Deep Publications, New Delhi, 2002, p.357

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 CONCLUSION

Terrorism is not something new in the world it has existed in some form or the other for a very
long time. The problem is that now day terrorism has grown so big that it threatens to end the
entire human civilization. Because of terrorism people cannot live in peace and with dignity and
they often feel that their lives, their property and their livelihood is in danger. Terrorism is like a
malady. It is a virus growing in an ill body. Terrorism has become grave threat not only to
individual nation or whole world but also to human race. The modern day terrorist is equipped
with latest weapons and high technology. Thus, the threat of cyber terrorism, bio-terrorism,
narco terrorism and nuclear terrorism looms large. In the modern age, terrorism poses the biggest
challenge to harmony and security of the world. The terrorist threats and violence have engulfed
the entire globe. Countless number of innocent human lives and property worth crores of rupees
has been salvaged by the demon of terrorism. The young generation gets attracted towards
terrorism and gets hypnotized by the ideologies that teach them to hate other human beings with
different ideological proximities. The major cause of concern of today is that a nexus has
developed between drug dealers and terrorists. Due to the flourishing trade of drug trafficking
the various terrorists outfit of the world are now financially independent and they do not need the
sponsorship of any states. Drug trafficking provides terrorism the financial support which helps
them to carry out various acts of destruction .Terrorism has thus become a major security threat
for even those countries who had once sponsored them. There was a time when we had the
concept of good terrorism and bad terrorism. The states which used to sponsor the terrorists used
to consider their terrorists as good because of the causes the terrorists used to stand for and the
countries who used to be the victims of such terrorist activities used to brand the terrorists as bad.
However, ever since these terrorists have shaken off the yoke of the states, they have even started
standing up against them. The main reason behind this would again be the income generated by
drug trafficking. However even the drug traffickers have developed their own group in cartels.
India is one of the countries which have been the victim of terrorism. India is playing a major
role in bringing the countries together in the fight against terrorism. For the fight against
terrorism we need to innovate and create new bodies and agencies that are specially equipped to
deal with this menace.

16
On a social level, we need to reduce the consumption of drugs .Here the international community
needs to develop a sound policy to fight against drug trafficking. We need to ensure that drugs
are not harvested in the fields by any farmer, to ensure that no drug trafficker has the necessary
logistics in marketing the drugs and to ensure that no person finally gets to consume drugs.

17