Introduction

The illegal drug trade or drug trafficking is a global black market dedicated to the cultivation,
manufacture, distribution and sale of drugs that are subject to drug prohibition laws. Most
jurisdictions prohibit trade, except under license, of many types of drugs through the use of
drug prohibition laws. Drug Trafficking is generally carried out in form of a crime syndicate
where the gang of criminals is engaged in the business of providing some forbidden or illegal
substance to the customers who are desirous of having it and are willing to pay handsomely for
that service. It operates because of the existence of market for certain illegal prohibited services.

Illicit drug trafficking is so complex in nature that it involves a large variety of drugs from
many sources throughout the world. It not only violates national drug laws and international
conventions but also involves certain other allied activities such as conspiracy, bribery and
corruption, tax-evasion, illegal money transactions, violation of import and export laws, crimes
of violence and terrorism. Indian Geographical location provides an unabated inflow of drugs
and illicit drug products by sea and land routes from all the sides. Afghanistan is one of the
largest producer of opium, POK has legalized opium farming, Pakistan provides a trade route
for Heroine from Afghanistan to India1, Bihar provides an entry route for ganja from Nepal.

With increasing trade and commerce illicit drug trade has transgressed national boundaries and
needs international actions. In pursuant of this goal, first International conference was held way
back in 1909 in China where 13 nations participated. Thereafter, Hague convention on
Narcotics was held in 1912 which was the first drug traffic control treaty at the international
level. The International Narcotics Control Board (INCB) was established as an independent,
quasi-judicial expert body by the Single Convention on Narcotic Drugs of 1961 by merging two
bodies the Permanent Central Narcotics Board, created by the 1925 International Opium
Convention; and the Drug Supervisory Body, created by the 1931 Convention for Limiting the
Manufacture and Regulating the Distribution of Narcotic Drugs. INCB has 13 members, each
elected by the Economic and Social Council for a period of five years. The protocol of 1972
brought further improvement in in SCND. It insists on prior authorization for the cultivation,
production, trade, distribution and import or export of drugs. Under the protocol, the INCB was
assigned the responsibility of ensuring a balance between supply and demand for the narcotic
purposes and for endeavouring to prevent illicit cultivation, manufacture or use of drugs. In
1987, International Conference on Drug Control was held in Vienna with a focus on both illicit

1
Pakistan is the world’s worst Heroine addict country as it acts a trade route from Afghanistan to India.
1|Page
drug trade and drug abuse.2 The statutory control in India over narcotic drugs was exercised by
various enactments such as Opium Act of 1857 and 1878 and The Dangerous Drugs Act, 1930.
After these enactments a new type of drug addiction by the name of Psychotropic substances
came into picture which posed a serious problem to the national government. So in order to
exercise a control over psychotropic substances along with narcotic drugs a comprehensive
legislation by the name of The Narcotic Drugs and Psychotropic Substance Act, 1985 was
enacted.

So it becomes imperative at this point to differentiate between Narcotic Drugs and Psychotropic
Substances in order to understand the NDPS Act Preamble.3

Narcotic Drugs Psychotropic Substances

These type of drugs are mainly used to have a These substances alter one's consciousness,
numbing effect, they are basically nervous they may act as mood depressants.
system depressants.
Drugs such as opium or heroin which make A psychoactive substance is a chemical
you sleepy and stop you feeling pain i.e., substance that changes brain function and
Narcotic Effect. results in alterations in perception, mood,
consciousness, cognition, or behavior.
The Illicit Drug trade around the globe estimates about 1% of the annual global GDP thus
explaining its profitability and expansion around the world. The countries of drug production
and transit are some of the most affected by the drug trade, though countries receiving the
illegally imported substances are also adversely affected. For Example - Afghanistan and
Pakistan substituting the former and India the latter one respectively, where Afghanistan
produces 80% of the world opium which is further processed into Heroine and transported into
India via Pakistan.

The illegal drug trade routes in West Africa, Asia and South America could be briefly explained
as follows4-

 West Africa- Opium, Poppy and Coca produced in West African countries such as
Cameroon, Ghana are further transported to the South East Asia. Money so obtained in
laundered in countries such as Nigeria, Senegal and Ghana.
 Asia- The illicit drug trade in the Asian Continent originated from the Golden Crescent
(located at the crossroads of Central, South, and Western Asia. This space overlaps three
nations, Afghanistan, Iran, and Pakistan, whose mountainous peripheries define the

2
Pranjape,N.V.; Criminology&Penology with Victimology; Central Law Publications; Ed.-15th (2012); Pg 112, 211, 212
3
Medicinenet.com
4
En.wikipedia.org
2|Page
 crescent) and Golden Triangle (the area where the borders of Thailand, Laos, and
Myanmar meet at the confluence of the Ruak and Mekong Rivers)
 South America- Venezuela has been a path to the United States and Europe for illegal
drugs originating in Colombia, through Central America, Mexico and Caribbean
countries such as Haiti, the Dominican Republic, and Puerto Rico. According to the
United Nations, there was an increase of cocaine trafficking through Venezuela since
2002. In 2005 Venezuela severed ties with the United States Drug Enforcement
Administration (DEA), accusing its representatives of spying. Following the departure of
the DEA from Venezuela and the expansion of DEA's partnership with Colombia in
2005, Venezuela became more attractive to drug traffickers. Between 2008 and 2012,
Venezuela's cocaine seizure ranking among other countries declined, going from being
ranked fourth in the world for cocaine seizures in 2008 to sixth in the world in 2012.

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Drug Trafficking Trends in India & World
INDIA
India has always been a conduit and producer of drugs. Large quantities of the chemicals (used
in Pharmaceutical industry) have been diverted to produce illegal drugs such as Mandrax and
Methamphetamine, which has emerged as a major problem in countries such as the South
Africa and the United States. India also produces Heroin and cultivates Cannabis on a large
scale. Though Heroin produced in India is not of the best quality from the end user’s
perspective, the Cannabis and Hashish processed in India are highly in demand for their quality.
Ample opportunities exist for drug syndicates to ply their trade in not only India, but also in
South Asia.5

The drug trafficking scenario in India is largely attributed to various external and internal
factors. One of the prime external factors happens to be India’s close proximity to the major
Opium producing regions of South West and South East Asia known as the ‘Golden Crescent’
and the ‘Golden Triangle’, respectively. The geographical location of India as such, makes it
vulnerable to transit, trafficking and consumption of Opium derivatives in various forms along
the known trafficking routes. The major internal factors responsible are illicit cultivation of
Poppy and the diversion from the licit Opium sources into illicit production in interior areas.
Similarly, illicit cultivation and wild growth of Cannabis in hilly and remote areas of Himachal
Pradesh, Arunachal Pradesh, Tripura, Odisha, Jharkhand, etc., lead to interstate Cannabis tra-
fficking.

Drug tracking scenario in India may be summarized as under:6

1. Diversion of Opium from licit cultivation and indigenous production of low quality
Heroin.
2. Tracking of Heroin from South West Asia to India and again from India to other
countries.
3. Tracking of Hashish from Nepal to India.
4. Illicit cultivation of Opium and Cannabis in some areas.
5. Diversion of precursor chemicals and other controlled substances.
6. Diversion of pharmaceutical preparations and prescription drugs containing psychotropic
substances and tracking to foreign destinations.

5
www.sspconline.org
6
http://narcoticsindia.nic.in
4|Page
 7. Diversion of non-scheduled drugs / Ayurveda medicines and tracking to Middle East,
Australia and other Western countries.
8. Maritime Tracking – use of sea route for Tracking of South West Asian Heroin from
Pakistan into India.
9. Internet pharmacies and misuse of courier services.
10.Use of dark net and bit coins in drug tracking.
11.Involvement of foreign nationals in tracking and distribution networks.

Drug Trafficking trends in India can be attributed to various Drugs in India as follows:-

a. Opium- Commonly known as Feem locally is produced in Indian States of Rajasthan,

Madhya Pradesh, Uttar Pradesh after fulfilling licensing eligibility criteria. India is the
world's largest manufacturer of legal opium for the pharmaceutical industry. Trafficking
of Opium generally takes place from these licit producing states to non-producing states
such as Punjab, Bihar, Gujarat. Another well trafficking route is that of POK to Indian
State of Punjab. Trafficking in North Eastern States takes place from Manipur and
Myanmar. North Western trafficking routes originate from the states of M.P. and
Rajasthan. States of Rajasthan also tender to the illicit trade of southern and western
Indian States. External Trafficking is also tendered from Nepal to the State of UP. The
largest seizure of Opium Illicit Trade as per 2017 NCB annual report were from Punjab
(about 505.86 kg) followed by Rajasthan (426.95kg), thus explaining the flourishing illicit
drug trade in the region.
b. Heroin – It is an opioid made from morphine. It comes out in a variety of colours ranging
from white, off white and brown to grey. Colours also depend on the impurities added as
it passes through a number of hands due to successive levels of adulteration. The South
West Asian origin Heroin (white and brownish mostly) that enters India through the Indo-
Pak border has a higher level of purity. India’s neighbor Afghanistan is the largest
producer of Heroin in the world. As much as 90% of the world's heroin has come from
Afghan opium, and the UN Office on Drug and Crime reported that the country
"accounted for almost two-thirds of the total area under illicit opium cultivation" in 2015.
Being white in colour it is one of those drugs which is referred to as “Chitta” in Punjab.
About half of the heroin seized in India traces its origin to South Western Asia. Major
trafficking of Heroin in India takes place through Indo-Pakistan border mainly in the
states of Punjab and Jammu & Kashmir. From these states Heroin is tracked into other
states. Trafficking through air route is mainly from Kabul to Delhi by Afghan Nationals.
Rising trend of the Sea route as the transit mode is evident from the fact that in 2017
maximum seizure took place from the costal state of Gujarat by the Indian Coast Guard
from the vessel named Henry on 30th July 2017 and recovered about 1445kg of Heroin,
5|Page
 followed by Punjab(406.03kg) which explains the Drug Abuse problem in the State of
Punjab. The Golden Triangle confers to the Illicit Drug Trade in the North Eastern States
of India, whereas the Illicit demands of the North-Western States and Western States is
tendered by The Golden Crescent. India also act as transit point for the Illicit Drug trade to
the other Countries of the Middle East, China, Maldives and Sri Lanka.
c. Cannabis- Cannabis, produced from the cannabis sativa plant is used in three forms:
herbal cannabis, dried leaves and flowering tops. The transit from North Eastern States to
eastern states is by surface transport. Tracking in substantial quantities takes place across
India - Nepal border and in the states of Andhra Pradesh, Odisha, Uttar Pradesh, West
Bengal and Tripura. The main transit routes for Ganja are through Assam, West Bengal,
Bihar, Uttar Pradesh, Nagaland and Chhattisgarh. Andhra Pradesh accounts for the largest
illicit cannabis drug trade with a total seizure of 78767.98kg followed by
Odisha(55875.3kg) as per the NCB Report 2017.
d. Cocaine- Cocaine is a powerful addictive stimulant drug made from the leaves of the coca
plant native to South America. As a street drug, cocaine looks like a fine, white, crystal
powder. The primary markets are North America and Europe. In India, cultivation of coca
plant is not done. However, Cocaine is mainly smuggled in by West African drug tra-
ffickers. Cocaine in India is basically smuggled from Argentina, Brazil and South
American Nations where coca plantation exists. Maximum seizure in case of cocaine takes
place during transit at the airports itself. Trafficking methods also involve concealment in
various household items such as cosmetics, utensils, books and clothing. Four common
entry points of Cocaine in India are New Delhi, Maharashtra (origin of transit South
America and Africa for both with an addition of North America as Transit Continent in
case of New Delhi for Drugs originating from South America), Kerala (transit South
America to Africa to Destination State), Tamil Nadu(South America to Dubai to
Destination State).
e. Brown Sugar-Brown sugar (an adulterated form of heroin), also called smack, junk, skag,
dope, and chaw, is a semi synthetic opioid derived from the morphine extracted from
poppy plants. These impurities make brown sugar much cheaper than the typical, more
purified, form of heroin; they create a substance more dangerous than heroin, as the user is
unsure exactly how much heroin he is consuming. Most brown sugar users prefer to
smoke the drug. Its properties are well-suited to smoking as it burns at a lower
temperature. Practically, smoking is a very efficient way of taking the drug. Some will
heat the powder on tin-foil and inhale the fumes; others will inject themselves with brown
sugar; this is difficult as the impure substance doesn't dissolve well in liquid.7

7
deaddictioncentres.in/indian-drug-guide/brown-sugar/
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Drug Trafficking and African Connection- Narcotics trafficking by West Africans, mainly of
Nigerian origin has been prevalent in the metropolitan cities of Bangalore, New Delhi and
Mumbai which provide a huge market to them and a well-connected transit route to rest of the
South Asia. Nigerians have been active in drug trafficking in Asia since the late 1970s.
Evidence points to Nigerians being involved in drug trafficking during the time when Nigeria
suffered a severe economic crisis in the late 1970s and early 1980s. Most of the people involved
are illegal immigrants with fraudulent identity documents. Nigerians have earned the unpopular
distinction of being the main players in the narcotic trafficking business and also involved large
scale peddling rackets. They have been smuggling Heroin from Central, Southeast and
Southwest Asia. The Nigerians have over the years established solid networks and have ready
access to the infrastructure to smuggle drugs across the world. 8

South Africa has been used as a conduit for Heroin (and other illegal drugs, like Cocaine)
because it is well placed geographically, being located on the sea trading route to destinations
such as South America, Asia, Australia, Europe and the Middle East. Top infrastructural
development and the high traffic in people and goods serve to make South Africa a perfect
conduit for illegal smuggling activities. Mostly, West African drug traffickers have taken
advantage of this.

Mandrax Tablets also known as Party Drug is a well known recreational drug in South Africa.
Mandrax was legally produced in India till 1950’s when it was transited to the African
Continent, thus creating a Drug Trade connection between the Indian Sub-Continent and the
African nations.

North Eastern India Drug Trafficking trends – Golden Triangle famous for its Opium
production around the globe lies in proximity to the Indian North Eastern Region. Myanmar
witnessed a 13% increase in Opium production (Bordering Myanmar to the east are the four
Indian states of Arunachal Pradesh, Manipur, Mizoram and Nagaland. Each state’s data from
the National AIDS Control Organisation reports show high numbers of HIV-related diseases
and volumes of drug trafficking). These border are unmanned and at some places even
controlled by North Eastern insurgents. Hydrochloride drugs are trafficked in Myanmar for
processing various narcotics especially Heroin which is smuggled back into India. These drug
barons at some places are even supported by the Ethnic Militias. Insurgencies in Myanmar have
been funded by narcotics trafficking. Myanmar lacks control over these Chines syndicates as
they operate outside Myanmar . Myanmar Drug Trade also caters to lucrative Thai market thus
creating its dominance in the Golden Triangle.9

8
Supra 5
9
idsa.in/idsacomments/DrugsandtheGoldenTriangle_ngoswami_100214
7|Page
In the northeast of India, particularly in Manipur, militancy has been associated with drug
trafficking since the 1990s. The seriousness of trafficking was first highlighted in 1992, when
ethnic conflict broke out between the armed militant groups of Nagas (NSCN) and Kuki (KNA)
tribes, which wished to dominate drug trafficking and smuggling in Moreh, a border town in
Chandel district. Militants have become involved in the drug trade, which generates billions of
dollars in the black market, approximately 300 times the capital investment. It has become a
major source of funding for the militant organisations to procure sophisticated arms. Drug
trafficking thus contributes for the continuance of militancy in the northeast, despite the range
of counter-insurgency operations and developmental activities. Therefore, it is impossible to
resolve militancy in northeast India without tackling the menace of drug trafficking.10

Drug Trade in Punjab - In the last few years, while the business and economy in the state kept
sliding, the drugs trade flourished. With addicts turning peddlers and several reports of political
patronage to the drugs trade, chitta became a veritable business in Punjab. The business of
drugs sprawls from the poppy fields of Afghanistan to the farms of rural Punjab and drawing
rooms of Ludhiana and Chandigarh, involving a vast variety of actors such as the unemployed
rural youth, urban rich brats, spoilt college girls. Golden crescent comprising of Iran, Pakistan
and Afghanistan are one of the world’s largest producers of the Opium and Heroin(Chitta, as
known locally). Punjab shares a 550km long border with a Golden Crescent nation of Pakistan
which acts a transit state for the Opium from Afghanistan. Opium and Poppy Husk trade in
Punjab flourishes on the account of its licensed plantation in Rajasthan, these narcotics enter
Southern Malwa region of Punjab via Haryana. Areas bordering South Western Punjab lying
within Indian State of Himachal Pradesh (Parwanoo, Baddi) cater to the Synthetic Drug demand
in Punjab.11 Legalized opium plantation in PoK has created a flourishing trade market in
Punjab. An entrenched cocaine smuggling network has spread in Punjab. Nigerian drug
peddlers from Delhi’s Dwarka and Uttam Nagar areas have set up a base in the Chandigarh
Tricity (Chandigarh-Mohali-Panchkula).12

WORLD
Drug trafficking trends around the Globe could be briefly described as follows13-

1. Record levels of plant-based drug production have been reached

a. Record Opium Production in Golden Crescent- Afghanistan produces 9000 tons of
Opium out of the total world production of 10500 tons witnessing an annual growth of

10
idsa.in/idsacomments/NexusofDrugTraffickingandMilitancyExposedatNewDelhi_shivanandah_130411
11
economictimes.indiatimes.com/news/et-explains/the-chitta-economy-how-the-business-of-drugs-works-in-punjab/
12
gatewayhouse.in
13
UNDOC Annual Report 2018
8|Page
 87 percent from the previous year. Lack of economic opportunities in the country tend
to move tribal people to this trade.
b. Cocaine Production in South America – Global Cocaine production reached its peak
in 2016 (1410tons). 2015-16 saw a 25percent increase in manufacturing. Most of the
world’s Cocaine comes from Colombia thus producing 866 tons of cocaine in 2016.
The dramatic resurgence of coca bush cultivation in Colombia — which had almost
halved from 2000 to 2013 — came about for a number of reasons related to market
dynamics, the strategies of trafficking organizations and expectations in some
communities of receiving compensation for replacing coca bush cultivation, as well as
a reduction in alternative development interventions.
2. Non-Medical use of Prescription based drugs is a matter of concern in every continent
Different pharmaceutical opioids are misused in different regions of the world. For
Example- Methadone in Europe, Fentanyl in North America.
a. Tramadol a widely used drug for treating mild aches is widely trafficked drug in the
African continent which is further smuggled to Near and Middle East countries,
countries in these regions reported maximum (87%) of the world seizures along with
maximum report of Non-Medical use of Tramadol for recreational purposes of
boozing energy as this drug lacks International control. Most of the Tramadol seized
is reported to have originated from Asian laboratories.
b. Overdose deaths in North America have led to a consecutive fall in Life Expectancy
Rate in the Continent for two consecutive years. Canada is also affected with
overdose deaths involving fentanyl Outside North America, the impact of fentanyl
and its analogues is relatively low. In Europe, for example, opiates such as heroin and
morphine continue to predominate, although some deaths involving fentanyl
analogues have started to emerge in the region.
c. Non Medical use of Sedatives/ Hypnotic Benzodiazepines has emerged as major
problem in about 60 countries of the world. The misuse of benzodiazepines carries
serious risks, not least an increased risk of overdose when used in combination with
heroin. Benzodiazepines are frequently reported in fatal overdose cases involving
opioids such as methadone.

Cannabis was the most widely consumed drug in 2016, with 192 million people using it at least
once during the previous year. The global number of cannabis users continues to rise and
appears to have increased by roughly 16 per cent in the decade to 2016, reflecting a similar
increase in the world population.14 The biggest growth in cocaine seizures in 2016 took place in
Asia and Africa, reflecting the ongoing spread of cocaine trafficking and consumption to

14
reliefweb.int/report/world/unodc-world-drug-report-2018
9|Page
emerging markets. Although starting from a much lower level than North America, the quantity
of cocaine seized in Asia tripled from 2015 to 2016; in South Asia, it increased tenfold. The
quantity of cocaine seized in Africa doubled in 2016, with countries in North Africa seeing a
sixfold increase and accounting for 69 per cent of all the cocaine seized in the region in 2016.
This was in contrast to previous years, when cocaine tended to be seized mainly in West and
Central Africa.

Local Addictions
Local Addictions mainly include Narcotic and Psychotropic Substances such as Heroin(
crossing Indo-Pak border from Punjab and Rajasthan and reaching the Majha, Malwa, Doaba
and Puadh regions of Punjab and Haryana), Poppy Husk(Bhukki) and Opium(Feem). Although
the Malwa region faced the problem of Opium addiction in 19 th and 20th Century due to lack of
irrigation facilities in Malwa thus prompting people to consume “feem” for working on such dry
fields and making its consumption a part of the popular culture. Other regions of Punjab and
Haryana which started facing the problem of Drug Addiction in last two decades are either the
NRI dominated regions(Doaba) or the regions with most well developed irrigation
facilities(Puadh or Majha). These regions of Punjab are paying the price for wealth created
during Green Revolution, where the farmers instead of working in the farms employ migrant
labour from other parts of India and get an ample free in which they socialize, thus coming in
contact with the drug cartels or trade flourishing due to its location (adjoining Golden
Crescent).“Bhukki” has been the poor man’s addiction. Its main source of supply in Punjab is
Rajasthan and Madhya Pradesh, where the cultivation of poppy is licensed. Addicts take either
“chura” (ground husk) with water or boil “bhukki” in water. Farm labourers are no exception to
this problem of Drug Addiction. A multi fold increase in the price of Alcohol in the region has
led the youth to move towards a more cheaper source i.e., Bhukki(Poppy Husk). Though
“bhukki” continues to grip rural Punjab, alcohol, smack, heroin and various pharmaceuticals
have displaced traditional drugs in the more affluent urban areas.

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 Narcotic Drugs and Psychotropic Substances Act,
1985
(Part III Provisions)
Introduction-
Enacted in 1985 NDPS Act aims to consolidate and amend the Law relating to narcotic drugs to
make the stringent provisions for the control and regulation of operations relating to narcotic
drugs and psychotropic substances. It also provides for forfeiture of wealth and property derived
from and used in illicit drug trade. It prohibits a person to produce/manufacture/cultivate,
possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic
substance. 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.

Section 2, the definitions clause provides certain important definitions for understanding the act.
These definitions are as follows-

 S.2(i)-Addict any person who has dependence on any narcotic drug or psychotropic
substance.
 S.2(iii)- Cannabis includes Charas, Ganja, any of its mixture with any neutral material
such as bhang
 S.2(viia)- Commercial Quantity means any quantity that is greater than the quantity
specified in the Official Gazette by the Central Government.
 Section 2 (viiib)- illicit traffic includes cultivating coca, gathering coca, cultivating
opium poppy or cannabis plant, engaging in the production, manufacture, possession,
sale, purchase, transportation, warehousing, concealment, use or consumption, import
inter-State, export inter-State, import into India, export from India or transshipment, of
narcotic drugs or psychotropic substances, dealing in any activities in narcotic drugs or
psychotropic substances other than those referred to in sub-clauses (i) to (iii), or (v)
handling or letting out any premises for the carrying on of any of the activities referred
to in sub-clauses (i) to (iv), other than those permitted under this Act, or any rule or
order made or any condition of any license, term or authorization issued, thereunder, and
also includes financing, directly or indirectly, any of the aforementioned activities,
abetting or conspiring in the furtherance of or in support of doing any of the

11 | P a g e
 aforementioned activities and harboring persons engaged in any of the aforementioned
activities.
 S.2(xiv)- Narcotic Drug means coca leaf, cannabis, opium, poppy straw, and includes all
manufactured drugs.

Prohibition Control and Regulation

The provisions regarding Prohibition, Control and Regulation of Activities relating to the
Narcotics and Psychotropic substances is provided under Part III of the NDPS Act, 1985. The
provisions may be discussed as follows-

I. Prohibition of Certain Operations- As per Section 8 of the Act, No person shall-

a. Cultivate any coca plant or gather any of its portion
b. Cultivate opium poppy or cannabis plant
c. Produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume,
trade interstate or internationally any narcotic drug or psychotropic substance.

Proviso 1 to this section states that medical and scientific purposes act as exceptional excuse for
such operations provided they are within the permitted limits and as per the provisions of the act
or any subsidiary rules or regulations for the act. Licensing, permit and authorization
requirements are also to be met to make all such operations legal.

Proviso 2 to this section states that as far as plantation of cannabis for production of ganja is
concerned, the central government has to provide a specify for the following in the Official
Gazette.

In Ram Singh v. Central Bureau of Narcotics15 – The Apex court ruled that possession of any
narcotic drug or psychotropic substance should be conscious. Once the article is found within
any persons possession it is presumed that he is conscious of such possession but in order to
convict a person on such a conscious possession it also needs to be proved that the person in
whose possession the drugs are said to be found has an absolute control over such a substance
or occupation of the place where the prohibited substances are said to be found.

In Alakh Ram v. State of U.P16.- There must be sufficient documentary and oral evidence to
show that the accused has a right over property from which cultivation is recovered. It must be
proved that that the accused cultivated prohibited plants and it is not enough that few plants
were found in the property of the accused.

15
AIR 2011 SC 2490
16
AIR 2004 SC 2907
12 | P a g e
In Om Prakash Baba v. State of Rajasthan17- Trial court convicted the accused on seizure of
large quantity of drugs found in a house which was in possession of large number of people.
Ownership and possession of premises by accused was not proved. The Trial court convicted
and sentenced the accused on the ground that the possession of the contraband has been proved
beyond reasonable doubt and High Court confirmed the conviction. The apex court ruled that
exclusive possession of the goods seized was also to be proved in order to sustain a conviction

II. Prohibition of Certain Activities relating to property derived from offence- As per
Section 8A of the NDPS Act, No person shall-
a. Knowingly Convert or Transfer any property derived-
i. From any of the offence committed under this act or any other corresponding
law of any other country.
ii. From an act of participation in such offence

The purpose of such a conversion or transfer should be concealment or disguising the

illicit origin of the property, or for assisting any person in the commission of an
offence or to evade the legal consequences.

b. Conceal or Disguise the true nature, source, location, disposition of any property
knowing that such property is derived from an offence committed under this Act or
under any other corresponding law of any other country.
c. Acquire, possess, or use the property which he knows to have been acquired from an
offence committed under this actor under any other corresponding law of any other
country.
III. Power of Central Government to permit, control and regulate- As per Section 9 of the
NDPS Act, Central Government of India subject to the general provisions of the
prohibition of certain activities as provided by Section 8, may, by rules-
a. the cultivation, or gathering of any portion (such cultivation or gathering being only
on account of the Central Government) of coca plant, or the production, possession,
sale, purchase, transport, import inter-State, export inter-State, use or consumption of
coca leaves
b. the cultivation (such cultivation being only on account of Central Government) of the
opium poppy
c. the production and manufacture of opium and production of poppy straw
d. the sale of opium and opium derivatives from the Central Government factories for
export from India or sale to State Government or to manufacturing chemists

17
AIR 2009 SC 2426
13 | P a g e
 e. the manufacture of manufactured drugs (other than prepared opium) but not including
manufacture of medicinal opium or any preparation containing any manufactured drug
from materials which the maker is lawfully entitled to possess
f. the manufacture, possession, transport, import inter-State, export inter-State, sale,
purchase, consumption or use of psychotropic substances;
g. the import into India and export from India and transhipment of narcotic drugs and
psychotropic substances.
In particular and without prejudice to the generality of the foregoing power, such rules
may:
a. empower the Central Government to fix from time to time the limits within which
licenses may be given for the cultivation of the opium poppy;
b. require that all opium, the produce of land cultivated with the opium poppy, shall be
delivered by the cultivators to the officers. authorized in. this behalf by the Central
Government;
c. prescribe the forms and conditions of licenses for cultivation of the opium poppy and
for production and manufacture of opium; the fees that may be charged therefor; the
authorities by which such licenses may be granted, withheld, refused or cancelled and
the authorities before which appeals against the order of withholding, refusal or
cancellation of licenses shall lie;
d. prescribe that opium shall be weighed, examined and classified according to its
quality and consistence by the officers authorized in this behalf by the Central
Government in the presence of the cultivator at the time of delivery by the cultivator;
e. empower the Central Government to fix from time to time the price to be paid to the
cultivators for the opium delivered;
f. provide for the weighment, examination and classification, according to the quality
and consistence, of the opium received at the factory and the deductions from or
additions (if any) to the standard price to be made in accordance with the result of
such examination; and the authorities by which the decisions with regard to the
weighment, examination, classification, deductions or additions shall be made and the
authorities before which appeals against such decisions shall lie;
g. require that opium delivered by a cultivator, if found as a result of examination in the
Central Government factory to be adulterated, may be confiscated by the officers
authorized in this behalf
h. prescribe the forms and conditions of licenses for the manufacture of manufactured
drugs, the authorities by which such licenses may be granted and the fees that may be
charged therefor

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 i. prescribe the forms and conditions of licenses or permits for the manufacture,
possession, transport, import inter-State, export inter-State, sale, purchase,
consumption or use of psychotropic substances, the authorities by which such licenses
or permits may be granted and the fees that may be charged therefor
j. prescribe the ports and other places at which any kind of narcotic drugs or
psychotropic substances may be imported into India or exported from India or
transshipped; the forms and conditions of certificates, authorizations or permits, as the
case may be, for such import, export or transhipment; the authorities by which such
certificate, authorizations or permits may be granted and the fees that may be charged
therefor.
IV. Power to control and regulate controlled substances- As per Section 9A of the NDPS
Act, the central government may by order regulate or prohibit the production,
manufacture, supply, trade, distribution or commerce of any controlled substance which
its thinks it is necessary and expedient to do in public interest after having regard to the
fact that it is used in production or manufacture of any narcotic drug or psychotropic
substance. As per sub section 2 of the aforesaid section, regulation by way of licensing or
permit for production, manufacture, possession, transport, trade (interstate and
international) or consumption, may also be done by the central government.
V. Power of State Government to permit, control and regulate – As per Section 10 of the
NDPS Act,
The State Government may(subject to the provisions of section 8), by rules-
a. The possession, transport, import inter-State, export inter-State, warehousing, sale,
purchase, consumption and use of poppy straw.
b. The possession, transport, import inter-State, export inter-State, sale, purchase,
consumption and use of opium
c. The cultivation of any cannabis plant, production, manufacture, possession, transport,
import inter-State, export inter-State, sale, purchase, consumption or use of cannabis
(excluding charas);
d. The manufacture of medicinal opium or any preparation containing any manufactured
drug from materials which the maker is lawfully entitled to possess;
e. The possession, transport, purchase, sale, import inter-State, export inter-State, use or
consumption of manufactured drugs other than prepared opium and of coca leaf and
any preparation containing any manufactured drug;
f. The manufacture and possession of prepared opium from opium lawfully possessed by
an addict registered with the State Government on medical advice for his personal
consumption

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 Provided that save in so far as may be expressly provided in the rules made under points
d and e, nothing in section 8 shall apply to the import inter-State, export inter-State,
transport, possession, purchase, sale, use or consumption of manufactured drugs which
are the property and in the possession of the Government, provided further that such
drugs as are referred to in the preceding proviso shall not be sold or otherwise delivered
to any person who, under the rules made by the State Government under the aforesaid
sub-clauses, is not entitled to their possession.

In particular and without prejudice to the generality of the foregoing power, such rules may
empower

a. The State Government to declare any place to be a warehouse wherein it shall be the
duty of the owners to deposit all such poppy straw as is legally imported inter-State
and is intended for export inter-State or export from India
b. To regulate the safe custody of such poppy straw warehoused and the removal of' such
poppy straw for sale or export inter-State or export from India
c. To levy fees for such warehousing and to prescribe the manner in which and the period
after which the poppy straw warehoused shall be disposed of in default of payment of
fees provide that the limits within which licenses may be given for the cultivation of
any cannabis plant shall be fixed from time to time by or under the orders of the State
Government
d. Provide that only the cultivators licensed by the prescribed authority of the State
Government shall be authorized to engage in cultivation of any cannabis plant
e. Require that all cannabis, the produce of land cultivated with. cannabis plant,: shall be
delivered by the cultivators to the officers of the State Government authorized in this
behalf
f. Empower the State Government to fix from time to time, the price to be paid to the
cultivators for the cannabis delivered; prescribe the forms and conditions of licenses or
permits for the purposes specified in points 1 to 4 of the previous list in this section,
and the authorities by which such licenses or permits may be granted and the fees that
may be charged therefor.
Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment
Notwithstanding anything to the contrary contained in any law or contract, no narcotic
drug, psychotropic substance, coca plant, the opium poppy or cannabis plant shall be
liable to be detained or attached by any person for the recovery of any money under any
order or decree of any court or authority or otherwise.
Commenting upon the rule making power of the Central and State Government in
pursuant of these sections the Apex Court ruled in Union of India & Anr. v. Sajeev
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 .V.Deshphande18 - The Act does not contemplate framing of rules for prohibiting the
various activities of dealing in narcotic drugs and psychotropic substances. Such
prohibition is already contained in Section 8(c). It only contemplates of the framing of
Rules for permitting and regulating any activity of dealing in narcotic drugs or
psychotropic substances. Therefore, the apex court was of the opinion that the
conclusion reached by the various High Courts that prohibition contained under Section 8
is not attracted in respect to all those psychotropic substances which find a mention in the
Schedule to the Act but not in Schedule-I to the Rules framed under the Act is untenable.
VI. Miscellaneous Provisions-
a. As per Section 11 of the NDPS Act, any narcotic drug, psychotropic substance, coca
plant, the opium poppy or cannabis plant can’t be distrained or attached by any person
for recovery of any money even under any order or decree of any court or authority or
otherwise, except, if provided by any other law or contract to the contrary.
b. As per Section 12 of the NDPS Act, No person shall engage in or control any trade
whereby a narcotic drug or psychotropic substance is obtained outside India and
supplied to any person outside India save with the previous authorization of the
Central Government and subject to such conditions as may be imposed by that
Government in this behalf.
c. As per Section 13 of the NDPS Act, The Central Government may permit, with or
without conditions, and on behalf of Government, the cultivation of any coca plant or
gathering of any portion thereof or the production, possession, sale, purchase,
transport, import inter-State, export inter-State or import into India of coca leaves for
use in the preparation of any flavoring agent which shall not contain any alkaloid and
to the extent necessary for such use. This Section overrides Section 8 of the Act.
d. As per Section 14 of the NDPS Act, Government may, by general or special order and
subject to such conditions as may be specified in such order, allow cultivation of any
cannabis plant for industrial purposes only of obtaining fiber or seed or for
horticultural purposes. This Section also overrides Section 8 of the Act.

18
www.casemine.com/judgement/in/5609af49e4b01497114160e1
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 Conclusion
With more heroin, popularly known as chitta or white powder, being pushed into the India
from across the border and trucks full of poppy husk and opium reaching the state from
Rajasthan and Madhya Pradesh, the drug trade assumed large proportions. No one exactly
knows the extent of the drug problem in the state; the varied figures that are often quoted are
based on sporadic studies and anecdotal instances. Now that it’s taken shape of a political
slugfest, the core issue of the huge battle against drugs is still lost in the war of words.

Official corruption has worsened the problem. Anecdotal evidence indicates Indian police and
lawmakers are complicit in drug smuggling and distribution, netting millions of dollars in ill-
gotten proceeds. The Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985 is not
being implemented to control drug abuse as in the state of Punjab.

The government must recognise the need to intervene in this area and back it with Strong
Political Will. There is a need for lobbying, pressure groups and advocacy forums, which can
place drug abuse higher on the agenda. Sensitization of key individuals in the policy-making
process is of great importance. As yet, there is little evidence of any organised effort in this
direction. Government must have to focus on the socio-economic variables and their impacts on
increase number of drug crime, opium cultivation etc.

As far as local trends and rising drug abuse is concerned, Historical evidence points that
banning only leads to smuggling and expansion of drugs in society. Setting up rural industries
and proper “evening management” can keep away youth from drugs. But governments were
working on the model: ban drugs, smuggle drugs and then promote drugs which should be stop
immediately. Need of the hour called for a radical solution to the drug problem, which has
assumed alarming proportions in the state such as decriminalization of the use of drugs in the
state; to break the criminal-politics nexus by radically altering the NDPS Act that tends to
promote smuggling by putting a wholesale ban on drugs and treating them as patients needing
medical treatment.Dimension of the drug policy, stressing stringent drug laws be implemented
as done by the USA to destabilize revolutionary regimes in South America by promoting drug
cartels, who thrived on smuggling due to bans. “The stringent NDPS Act established in 1985
has led to proliferation of mafia, strengthened criminal-police-political network and filling jails
with drug edicts has overburdened criminal investigators and judiciary. Families and societies
should show more consideration and understanding towards drug victims, who are ostracized by

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larger society. Society is mobilized at the grass-roots level as well as actively involving women
in this effort.

The problem (drug menace), however, could not be solved by the police or with stringent laws
like NDPS Act because of Ban, Smuggle and Promote syndrome. The nexus of various forces
promoting the sale of and distribution of drugs as a source of earning easy money while taking
advantage of ban on simple drugs like Bhukki and opium etc have to be broken. The need of the
hour is to break the criminal-mafia-politics nexus by radically altering NDPS Act which tends
to promote smuggling and its promotion by wholesale ban on drugs and legalization of certain
common man’s recreational drugs like Bhukki, bhang etc. The use of the dangerous and
chemical started only when the Bhukki and post were banned. Drug addicts and drug users be
treated as patients and victims rather than criminals and adopt an integrated approach and
longtime multi-pronged strategy check the drug addiction.

Drug awareness programmes, job opportunities, educating the people regarding the effects of
narcotic drugs may create the prosperous future of the nations. Steps should be taken by the
government to provide best health care services to the citizens at affordable cost. Awareness of
every sphere should be within the reach of each and every person. Children should be made
aware about their rights and strategies to escape being victimized. The education system should
be such that it can meet the challenges of a fast-developing world. People should be made aware
of their responsibilities towards their family so that a congenial environment is created within
the family. The government should wake up to the fact that the nation is on the verge of losing
an entire generation to drugs, before it is too late.19

19
www.ncbi.nlm.nih.gov/pmc/articles
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