TITLE OF THE DISSERTATION DRUG

SMUGGLING
By

Name of the Student: B. Milinda Roll

No.2018017

5 Year Integrated B.A., LL.B. (Hons.) Title

of the Seminar Paper DRUG CONTROL

LAWS

Under the supervision of

Name of the Guide: Prof. Nityananda Rao

Babu Pyla

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

NYAYAPRASTHA “, SABBAVARAM, VISAKHAPATNAM-531035
ANDHRA PRADESH, INDIA

Date of Submission 1-11-2022

1
 ACKNOWLEDGEMENT

Successful achievement of any task would be incomplete without mentioning the people who
have made it achievable. So, it is with the thankfulness that I acknowledge the aid,
which crowned my hard work with accomplishment.

I owe my gratitude to Prof. Nityananda Rao Babu Pyla, Faculty Drug control laws, for his
constant guidance and support. I would also like to thank the various department officials and
staff who not only provided me with required opportunity but also extended their valuable
time and I have no words to express my gratefulness to them.

Last but not least I am very much indebted to my family and friends for their warm
encouragement and moral support in conducting this project work.

2
 CERTIFICATE

This is to certify that the dissertation entitled “DRUG SMUGGLING” for the
Seminar Paper “DRUG CONTROL LAWS” to Damodaram Sanjivayya National Law
University, Visakhapatnam is a record of original work done by B. Milinda under my
supervision and guidance to my satisfaction.

SIGNATURE OF THE GUIDE

Visakhapatnam Date: 1-11-

2022

3
 LIST OF ABBREVATIONS

S.NO ABBREVATION FULLFORM

1 AA Acetic anhydride
2 UNDOC
United Nations office on
Drugs and crime
3 AQIM AL-Qaeda Islamic Maghreb
4 UNESCO
United Nations Educational,
scientific and Cultural
Organisation
5 IDU Injecting Drug Use
6 ATS
Amphetamine -Type
Stimulants
7 GDP Gross Domestic Product

8 NCB Narcotics Control Bureau

9 CBN Central Bureau of Narcotics

10 NDPS
National Drug and
Psychotropic Substances
Act,1985
11 MDMA
Methyl Dioxy
Methamphetamine
12 DGRI
Directorate of Revenue
Intelligence
13 CIS
Common wealth of
Independent States
14 ECOWAS
Economic Community of
Western African states
15 NHS
National Household Survey
of Drug

4
16 DAMS
Drug Abuse Monitoring
System
17 RAS
Rapid Assessment Survey of
Drug Abuse
18 AASRA Mental Health NGO

19 N-CORD
Narcotics Coordination
Centre
20 MQY Minimum Quality Yields

21 EXIM POLICY Export-Import Policy

22 NOC
Narcotics Commission Issues

23 SAARC
South Asian Association for
Regional Corporation
24 MSJE
Ministry of Social Justice and
Empowerment
25 USAID
United States Agency for
International Development
26 NDLEA
National Drug law
Enforcement Agency
27 DTO
Drug Trafficking
Organisations
28 CBI
Central Bureau of
Investigation
29 Cr.P.C Criminal Procedure Code

5
TABLE OF CASwES:

1.Mohinder Singh vs. State of Punjab, AIR 1997

SC 1225
2.Indian Harm Reduction Network vs. Union of
India, AIR 2013 SC 562
3.Mumtaz Ahmad vs. State of J&K,
MANU/JK/0058/2009
4.Ajith Singh vs. State of Punjab, LNIND 2015
PNH 3429
5.Jagit Singh vs. State of Punjab, Crml. petition
No-1815 of 2014
6.Parmjth Singh Chalalvs. State of Punjab, (2014)
175 (2) PLR 329
7.Jarnail Singh vs. State of Haryana, LNIND 2015
PNH 4487
8.Harpal Singh & others vs. Narcotic Control
Bureau, Chandigarh, LNIND 2016 PNH 603

6
TABLE OF CONTENTS

1.INTRODUCTION

2.DRUG ABUSE AND DRUG SMUGGLING

3.DRUGS AND CRIME RELATIONSHIP

4.MAJOR CHARACTERISTICS OF THE COUNTRY

RELEVANT TO THE DRUG AND CRIME PROBLEM

5.UNDERSTANDING DRUG SMUGGLING: A

SOCIOLOGICAL PERSPECTIVE

6.DRUG SITUATION IN INDIA

7.THE NATURE OF DRUG USE IN INDIA

8.INJECTING DRUG USE (IDU)

9.RECENT FINDINGS ON DRUG CONSUMPTION

FROM SMALL-SCALE STUDIES

10.POLICY – DRUGS

11.DRUG SMUGGLING IN NIGERIA

12.CASE LAWS

13.CONCLUSION

14.BIBLIOGRAPHY AND REFERENCES

7
 REVIEW OF LITERATURE

BOOKS:

“TREVOR BENNETT & KATHY

HOLLOWAY, DRUG-CRIME CONNECTIONS, CAMBRIDGE UNIVERSITY
PRESS PUBLICATIONS, 2007”

This book mainly focuses on the connections between drugs

and crime. Drug trafficking and crime shares a very complex relationship. This book also
provides the study of 5,000 arrestees who were interviewed as a part of New English and
Welsh Arrestee Drug Abuse Monitoring (NEW-ADAM) programme to understand the
relationship between drug smuggling and crime. It is important to study the nature of both.
This book provides a depth study of nature of drugs and crime. This book also gives an
insight of gender and drugs, ethnicity and drugs, gangs, guns, drug markets, and treatment
needs which were helpful in the topic. At the end of this book, a brief summary has
been provided which was helpful in understanding the relationship between drugs and
crime.

“MIKE MAGUIRE, ROD MORGAN, AND ROBERT

REINER, THE OXFORD HANDBOOK OF CRIMINOLOGY, OXFORD
UNIVERSITY PRESS PUBLICATIONS, UNITED KINGDOM, 2012”

This book specifically deals with the crime. This book gave an
insight of crime due to drug use and alcohol consumption. This book also provides
information regarding the review of trends in Drug and alcohol use from 1950s to 2011. Law
enforcement plays an important role in prevention of the drugs. Thus, to understand the role
played by the laws in order to prevent drug Smuggling, it is important to have knowledge
about law enforcement and drugs prevention. This book gives a brief knowledge
regarding the role played by the law enforcement in a country. This book also talks about
the role played by the Multi-Agencies in prevention of drug misuse.

ARTICLES:

Alex Stevens, Mike Trace and Dave Bewley-Taylor,

Reducing Drug Related Crime: An Overview of the Global Evidence, the Beckley
Foundation Drug Policy Programme, 2005.

8
 Kwesi Aning and John Pokoo, Understanding the nature and threats of
drug smuggling and trafficking to national and regional security in West Africa,
Stability: International Journal of Security & Development.
 Trevor Bennett and Kathy Holloway, Understanding Drugs, Alcohol and Crime, Open
University Press, McGraw-Hill Education, 2005.

SCOPE AND OBJECTIVE

The scope of this project is limited to the understanding drug trafficking as a form of
crime. The various objectives of this research paper are as follows:

 To understand briefly about drugs smuggling, drug abuse and crime.

 To study the interrelationship between drug smuggling and crime.
 Briefly study the cause and consequences of Drug addiction
 To understand the laws regarding prevention of drug smuggling.

RESEARCH METHODOLOGY

Research Methodology used was doctrinal methodology. Descriptive and analytical type
of study is done in this project. Doctrinal Methodology includes doing research
from books, articles, journals, case study, newspapers and also taking the help of web
articles. OXFORD style of citation is used in this project.

RESEARCH QUESTIONS

1) What is Drug abuse and how is it different from Drug Smuggling?

2) What is the relationship between Drugs and Crimes?
3) What are the recent findings on Drug Consumption?
4) What is the present scenario regarding Drug Smuggling in India?
5) What are the basic legal provisions concerning the issue of Drug Smuggling in India?
6) What are the measures that can possibly be undertaken so as the curb the menace of
Drug Smuggling?

9
 DRUG SMUGGLING

CHAPTER 1 INTRODUCTION

"The term illicit drugs is used to describe drugs which are under international control (and
which may or may not have licit medical purposes) but which are produced, trafficked and/or
consumed illicitly.”1

The term “drug “has a varied usage. It may also be alluded to by means of a drug that is able

to cure different diseases and also by helping a specific community raise money by
trafficking or smuggling. The opioid trade became a worldwide epidemic in the 21st century.
Not only in India but also globally, it is rising day by day. Illegal drug trafficking
has a
detrimental effect on the developing world. Drug trafficking also affects a country's economy
and culture as a devastating result. It also provides a terrorist organization with the key source
of revenue.

The ordinary use of drugs is also on the increasing. It is estimated that, because of the global
population's rise, the number of drug users actually increased from 6 to 246 million (range:
162 million-329 million)2. Nearly a quarter of a billion individuals between 15 and 64 years
of age have been using illegal drugs in 2013 3. According to global drug use figures, about 7%
of the world's people used drugs 4. These statistics indicate the rising use of medicines
worldwide. While drug laws can be properly stopped in every country, drug distribution and
smuggling is on the increasing every day.

Drug can influence individual consumers bodies and minds, farmers can be regulated
by narcotics and drug cartels, illegal smuggling, trafficking and crime can control
societies. Medication kills life and communities, threatens sustainable growth of human
beings and contributes to violence. Drugs affects every area of society; young people
in particular. Abuse of drugs is a serious social problem. The misuse of medicines is rising
and a growing number of young people become toxic. Narcotic and psychotropic drugs are
being smuggled

1
United Nations Office on Drugs and Crime (UNDOC) on Illicit Drugs
2
“United Nations Office on Drugs and Crime, World Drug Report, Accessed on Oct 20, 2015,
Available at http://www.unodc.org/documents/wdr2015/WDR15_Chapter_1.pdf”
3
Ibid
4
Ibid

10
into India as well as illegal drug and lava drug trafficking has led to drought
dependency among a large segment of people, particularly teenagers in recent years.

The whole generation of opioid abuse threatens to kill. Where illegal drugs are regulated, no
person, family or community is safe. The individual users' bodies and minds can be
dominated by narcotics, farmers can be controlled by drug crops and drug cartels.

Drugs are killing people and life, undermining sustainable human growth, and causing
violence. Drugs impact all sectors of society; young people in particular.

CHAPTER 2

DRUG ABUSE AND DRUG SMUGGLING

Drug abuse sis a grave societal problem. The abuse of drugs is rising and more and more
young people become addicted. Narcotic and psychotropic drugs are being smuggled
into India as well as illegal drug and lava drug trafficking has led to drought dependency
among a large segment of people, particularly teenagers in recent years. The whole
generation of opioid abuse threatens to kill. Where illegal drugs are regulated, no
person, family or community is safe.

Drug smuggling in India is associated between Golden Crescent and the Golden Triangle,
the world's two main illegal fields of opium production. This closeness has long since
become both a location and a transit path for opiates generated in those regions, and it is also
considered a source of vulnerability. It remains an important fact in assessing trends in the
drug trade in the subcontinent. However, it continues to be discussed to what degree of heroin
confiscated in the country can be caused by the reversal of licit opium grown in the country.

The National Enquiry on the size, pattern and trends of drug abuse in India, the first of its
kind, was jointly published in 2014 by UNODC and its Ministry of Social Justice
and Empowerment. It has shown that 10 million (alcohol), 2.3 million (cannabis) and 0.5
million chronic addicted individuals were as follows (opiates). Not only does it show
that Indians have twice the global average (and Asian) prevalence of illegal opioid use, it also
suggests that the available recovery services are not commensurate with the immediate
clinical burden (number of addicted users of drugs).

A terrorist group illegally traffics drugs to raise revenue and they buy guns for themselves
with that money. Al-Qaeda was suggested to have received tens of millions of dollars from

11
illegal trade in the Islamic Maghreb (AQIM) and in Hezbollah and then used these funds to
finance terrorist activities in Africa and elsewhere 5. It can therefore be said that drug
trafficking and other forms of violent and illegal activity, including mass murders and human

smuggling, are involved in the smuggling and trafficking gangs 6. Drug smuggling is
now organized crime. Groups who pursue money and profit from illegal activities such as
drug trafficking are organized crime. These organisations often put pressure on people to deal
in drugs and they provide them with a big money in exchange. This can also be referred to as
racketing. Drug smuggling proceeds may also be used to criminalize the state. Smugglers will
use their income to support political campaigns and be an elect state official with
profits
generated from trafficking in drugs. “According to UNESCO, when this happens, criminals
become, both personally and officially, the servants of the very State whose laws they violate,
as some sectors of State administration are placed under their legal responsibility 7.”

Drug-driven HIV/AIDS

One of the major HIV/AIDS epidemics in the world exists in India. The large
number of IDUs and the resulting risk of HIV are increasingly concerned. Sentinel
data from 2003 showed the prevalence of HIV among injection drug users in New Delhi rise
from 7.4 percent to 14.4 percent. There is currently a clear IDU-HIV correlation in 2 of the 6
countries in a “generalized” epidemic. The nexus of drug abuse/HIV among IDUs,
their partners, a non-substance using IDU partners and the so-called ‘general population’ has
women sex workers,
also grown to be concerned. The relationship is strong and one thing that is seen in India is to
“feminize the epidemic”.

Licit pharmaceutical diversion

At the moment, injection drug use in India is linked more closely to the misuse of licit opiate
drugs than to illegal drugs. India is a major pharmaceutical producer. The law controls their
production and a sale, but the monitoring of compliance with the law is not universal. This is
leading to a rise in substance abuse. Smuggling for India's neighbours, in particular

5
“David E. Brown, “The Challenge of Drug Trafficking to Democratic Governance and Human Security in West
Africa,” Letort Papers (Carlisle Barracks, PA: U.S. Army War College Press, 2013), Available
at http://www.wacommissionondrugs.org/wp-content/uploads/2013/05/pub1151.pdf.”
6
Jeremy Haken, Transnational Crime in The Developing World, Global Financial Integrity, Available at
http://www.gfintegrity.org/storage/gfip/documents/reports/transcrime/gfi_transnational_crime_web.pdf
7
1 Fabre, Guilhem and Michel Schiray, “Globalisation, Drugs and Criminalisation: Final Research Paper
on
http://unesdoc.unesco.org/images/
Brazil, China, India and Mexico,” UNESCO, 2002, Part 1: Drug Smuggling and the State, p. 2, Available at - ,
0012/001276/127644e.pdf.
12
Bangladesh, Nepal and Sri lanka is a major concern for India's drug products,
particularly codeine cough syrups and dextropoxyphene and injectable
buprenorphine. Other pharmaceuticals that are also commonly diverted for abuse
within India as well as for smuggling include diazepam and nitrazepam.

Amphetamine-Type Stimulants (ATS)

Amphetamines are also a rising problem both in terms of trafficking and in terms of violence
for Indian administrations. In this respect, India has undertaken active control efforts.
The first clandestine laboratory, set up to produce ephedrine, was removed by Indian
authorities (coordinated by the US and China) in May 2003. The illegal laboratory
was set up by nationals of China and Myanmar. Officers of India's Revenue
Intelligence Directorate detected and seized in June 2004 an illegal manufacturing laboratory,
methacalonic powder and tablet production. In addition, they seized and seized a clandestine
laboratory.

CHAPTER 3

DRUGS AND CRIME RELATIONSHIP

As stated earlier, the relationship between drug and crime is highly complex. We
cannot assume why drug users are criminally criminalized or criminals are prone to
drug use. In several cases, drugs are linked to violence. In many nations, selling, making,
possessing and exchanging certain products that could be abused is a felony. Cocaine,
marijuana and crystal meth are some of the substances that can be exploited. Drug effects
results also contribute to aggression and other criminal activities. In general, there are three
types of drug crimes:

Drug-defined offenses

The system-related crimes are also called drug-defined offenses. These are offenses for the
cultivation, manufacture, transport and selling of drugs by a person. The drug-defined crimes
also include drug manufacture and sale-related abuse, such as the turf war. Drug ownership,
the manufacture of marijuana, the development of methamphetamines and cocaine,
heroin and marijuana sales are examples of drug-defined crimes. Drug trafficking is subject to
drug- defined crimes as it covers the trafficking of substances that have abuse potential.
possess those drugs which have a potential of abuse. Selling drugs to acquire money
“According to world drug report 2015, there are about 329,000 thousand persons in the world
to
who are using illicit drug. All these persons can be called as criminals as they trade, use and13
finance a drug habit is a common behaviour among users in the world and is considered as an
offence by every country”.

Drug-Related Offences

Drug-related offences are offenses involving people who take drugs and commit
crimes because they affect their thoughts and behaviours. This is the most common form of
criminal behaviour. Many of their offences are following the use of drugs for example
aggressive actions following the use of drugs. Abuse against rival drug dealers to get money
to purchase more drugs. Drug-related crimes often include driving while intoxicated.

The leading cause of death, disability and incapacity among young people under 21 years is
drinking and drug driving, and close to 40% of the deaths from traffic are related to alcohol.
36 people die every day and about 700 of them are hurt in a car collision involving a driver
with alcohol impairment. Almost 18% of the motor vehicle driver's deaths, mostly combined
with alcohol, include substances other than alcohol (e.g., marijuana and cocaine). There are
also several cases of death due to medications. UNODC estimates that there have
been 187,100 drug-related deaths in 2013 (range: 98,300-231,400) 8.

Drug-Using lifestyle

Drug abuse thus becomes a person's habit. As we all know, drug use in society is considered
to be deviant. The desire for money is driven by persistent substance addiction. Daily
substance addiction often makes a person illegally addicted because he wants money
to obtain more medication to fulfil his needs. This frequency of criminal activity becomes the
routine of the individual and eventually his way of life.If a person is a drug addict,
for instance. To buy drugs and meet his needs, he needs additional money. He begins
to rob money to do so. Now, if he takes the whole drug, he has brought out of the money he
has stolen, he will continue to get more money and look for more ways of buying drugs. It
will soon become a tradition and eventually, a way of life.

United Nations Office on Drugs and Crime, World Drug Report, Accessed on Oct 20, 2015, Available
8

at http://www.unodc.org/documents/wdr2015/WDR15_Chapter_1.pdf

14
 CHAPTER 4

MAJOR CHARACTERISTICS OF THE COUNTRY RELEVANT TO THE

DRUG AND CRIME PROBLEM

India constitutes 17% of the world's population and yet accounts for just 2% of GDP and 1%
of trade. Poverty is still prevalent – 260–290 million poor people still live in India. Per capita
growth in income has been slow and the distribution of income is very unequal. In
recent
years these factors have all led to increased abuse of narcotics and India has a geographic role
between the two largest producers of illegal opium in the world and the collapse of
conventional social capital due, in part, to the large-scale rural-to-urban migration and
the subsequent modernisation influences. Nonetheless, the fact that most (70%) Indians still
live in the countryside adds to the importance of recent findings about the extent of
substance abuse (including injecting drug use) in the rural areas.

New and cheaper pharmaceuticals are mostly misused by the poor and unemployed in
the process of industrialisation. At the same time, recent rapid economic growth (in an 8%
range) has created an affluence pocket that has encouraged the demand in Western
countries for types of "designer drugs.” Indeed, despite stringent regulations, India is the
producer of licit opium gum opium, which means a part of that crop is subject to
world's largest
unscrupulous farmer’s diversion that adds narcotics available in the market.

CHAPTER 5

UNDERSTANDING DRUG SMUGGLING: A SOCIOLOGICAL PERSPECTIVE

The consequences of drug smuggling on culture are complex. Drug trafficking has a
huge
effect on the family. Drug trafficking can lead to a breakup of the family. The Thai Country
Study attributes growing urbanization, rapid cultural change and fracture of familial solidarity
to heroin and psychotropic materials. So, we can conclude that substance addiction can turn a
family into a burden from a social asset 9. There is a great deal of drug trafficking in slum
areas. It affects children raised in this sector. This serves as an opportunity. They also begin
trading drugs as they grow up. Family may also serve as therapy for substance addiction as an
important source of drug issues. Mother tells her son what is right and what is wrong
in society and what is not will affect him. In a society, however, this seldom happens.

9
“AnchaleeSinghanetra-Renard, "Socio-economic and political impact of production, trade and use of narcotic
drugs in Thailand", draft study prepared for UNRISD and the United Nations University (1993), p. 87.”
15
Drug abuse has negative health effects as well. Drug is a drug toxic to the human
health
directly. Substances such as heroin, cocaine, opiates etc. could adversely affect the health of
the individual and even overdose of these drugs can leads to the death. In 1995,
532,000 drug-related emergency visits in the United States, as compared to 404,000 in
1988, were reported alone: an increase of over 30%. This shows the extent of the drug-
connected health problems for both the individuals and society affected by the health
costs associated with drug abuse 10. Injectors of drugs are also confronted with health
problems. Sharing of needles between drug pharmaceutical is common. AIDS and other
conditions can occur. 13.5% of the drug injector is AIDS, according to UNDOC 11. Moreover,
this number is still rising because of needle sharing among drug injectors.

The student study is also hampered by drug abuse. Their short-term remembrance and other
brain intellectual capabilities affect students who experience drugs abuse. Finally, it leads to
poor academic performance which gives the student an impact on their psychology.
As a result, drug consumption is increasing. A student sets up a vicious cycle in which there
are only drug abusers. Sometimes this wicked group commits crime to earn money
and buy drugs. Education may also contribute to drug abuse prevention. If the students are
educated. They can avoid drugs. You may influence them. A long-term process is providing
properly
proper education.

In only one day it is not easy to train students. The only problem with such
educational facilities is that they are not readily accessible, and, if available, there are
large amount of fees that are not payable for the lower classrooms. Furthermore, if
they have adequate training facilities, it is almost difficult for drug users to avoid using
also has a variety of impacts on the environment. To produce drugs, many drug dealers clear
drugs. Drug trafficking
the forest and begin to grow the crops from which they can produce drugs. A typical example
of environmental destruction is deforestation for the production of marijuana and coca plants.

Drug smuggling has a huge influence on society. Drug abuse is motivated by violence, it has
already been mentioned. Drug smuggling and violence have a very close link. Drug activity is
growing in several ways. Most drug-related crimes happen in drug-smuggling context.
Conflicts occur between groups that fight for more market share. This would also lead
to

10
“The National Drug Control Strategy: 1996, op.cit., p.88 and Substance Abuse and Mental Health Services
Administration, Preliminary Estimates from the Drug Abuse Warning Network, Advance Report Number 17,
1996.”
http://www.unodc.org/documents/wdr2015/WDR15_Chapter_1.pdf
11
United Nations Office on Drugs and Crime, World Drug Report, Accessed on Oct 20, 2015,
Available at
16
robbery and prostitution when drug users wish to fulfil their needs and commit another crime,
such as theft and prostitution, in order to do so. “In the United Kingdom, it is estimated that,
with under 165,000 people in treatment for heroin and/or “crack” dependency, an estimated
4.9 million acquisitive crimes such as burglary, robbery and shoplifting were prevented
during 2010-201112”.
Every year, drug trading generates trillions of dollars for organized crime,
driving
individuals, families, groups and government around the world to endless costs. Drug misuse
ruins people, drains billions of dollars annually. Drug smuggling and abuse of drugs can also
lead to an increase in a country's terrorist activity. The terrorist group with activities such as
human smuggling and drug trafficking has increased its wealth, as has been stated
They are buying guns with this wealth. They don't have any limitation and can attack anytime
before.
they want.

CHAPTER 6

DRUG SITUATION IN INDIA

(A) PRODUCTION AND CULTIVATION Illicit Cultivation

In India, there is little illegal cultivation of opium– mainly in Himachal Pradesh, Kashmir,
Uttaranchal and Arunachal Pradesh. Recently in Karnataka (around 40 km from Bangalore)

Indian authorities have discovered new areas under illegal opium poppy farming and
have
promptly taken action to eradicate illegal crops. The scale of illegal cultivation is exceedingly
difficult to estimate. Kashmir and Himachal Pradesh emerged in the country as a source of
cannabis resin or ash. Hashish is also being smuggled from Nepal to India across the country
border, in the Bihar and Uttar Pradesh states, from which he flies to Mumbai and Delhi.

Opium has been grown for centuries in North-Eastern India for both human and
livestock medical use. It is used in these areas and Rajasthan also during festivals and
Most of the areas have reduced this practice, but in remote areas, such as the eastern
celebrations.
Arunachal Pradesh, it still prevails.

“United Nations Office on Drugs and Crime, World Drug Report, Accessed on Oct 20, 2015,
12

Available at http://www.unodc.org/documents/wdr2015/WDR15_Chapter_1.pdf”

17
In India there are still illegal cultivations of opium poppy. In late 1980s, the tribal
people
came into contact in connection with timber traders in the plains, which argued that the illegal

cultivation of opium poppy in the North East had become commercial. These districts are of
very little economic activity, and agriculture still bases mainly on livelihoods. Opium is often
the only commodity produced for the market and it has the additional advantage of traders or
wholesalers being collected at the farm gate – an option normally not available for
other agricultural products.

Although the scale of illegal farming was extremely difficult to estimate, according to a 2001
UNODC studying that was funded by the Central Bureau of Narcotics (CBN) for logistics,
some production of opium was recorded in Arunachal Pradesh (in the districts of
Upper Siang, Lohit, Changlang and Khonsa of Tirap), Uttaranchal (districts of
Uttarkushi and Dheradun) and in Himachal Pradesh (Kulu, Mandi and Kalpa districts).
Some quantities in Jammu & Kashmir, Bihar and West Bengal are reportedly also
produced (NCB 2002). Reports in 2004 referred to the Karnataka experimental community.

There is a deep analysis in Arunachal Pradesh of the dynamics of market growth of illegal
opium. A survey with CBN logistical support was carried out in three Arunachal
Pradesh districts to assess the scope of illegal opium poppy cultivation. In the three districts
of Upper Siangs, Tirap and Changlang the survey covered 86 villages out of 506.

“Out of 86 villages 52 were observed to be growing opium. The main findings of the survey
are as follows:

(a)) the majority of the cultivators had only started opium growing in 1999;

(b)the size of the plots varied between 50sq.m and 12ha.; and (c) the average yield is
approximately 5-8kg/ha. On this basis, it was estimated that cultivation in Arunachal Pradesh
could reach 1,000ha, and that about half of this amount was accounted for in Lohit district.”

In the districts of Upper Siang, Lohit, Tirap and Changlang in the province of
Arunachal Pradesh, CBN destructed 248, 153 and 218 hectares of illegal poppy in 1999, 2000
and 2002, respectively. In 2001, it in coordination with Himachal Pradesh police, also
destroyed 9 hectares of illegal opium in Kullu.

18
Destruction of narcotic drug yielding plants in India

In contrast to the sum of licit opium cultivation of India, the scope of the cultivation is very
small However, India has stepped up its efforts to eliminate illegal opium in accordance with
its obligations under International Drug control treaties. 13

In the countries of Jammu & Kashmir, Himachal Pradesh, Uttar Pradesh and Tamil
Nadu, Kerala and Manipur, the cultivation of cannabis is also illicit. 80 to 100 tons of
ganja (cannabis herb) are captured by the authorities each year, both indigenous and
smuggled (NCB 2002). Judged on seizures, in north-east India most cannabis cultivation
occurs (NCB 2004).

Licit Cultivation

India is currently the only country to manufacture licit opium gum under the 1961
Single
Convention, which is intended for domestic health and scientific purposes as well as
for
export. An uncertain portion of the licit opium crop in India (1,061mt in 2004) is, however,
processed into illicit channels and then converted into heroin, typically near its source.

India is the only country manufacturing legal opium gum for domestic and exporting medical
and scientific purposes in compliance with the 1961 Single Convention 14. Opium poppy is
cultivated in three states of India– Madhya Pradesh, Rajasthan and Uttar Pradesh – in
the following 22 districts:

Madhya Pradesh: Mandsaur, Neemuch, Ratlam, Ujjain, Jhabua, Shajapur, and Rajgarh.

Rajasthan: Kota, Baran, Jhalawar, Chittorgarh, Udaipur and Bhilwara.

13
Source: NCB 2004.

“The other countries which authorize licit opium gum production are the Democratic Republic of Korea (only
14

for domestic purposes), and Japan (only in small quantities to maintain the technology). China produced licit
opium for medical purposes until the end of 2001. While the country appears to have stopped such production it
maintains estimates for opium production. There are 11 other countries that cultivate opium poppy for
the extraction of alkaloids. These are: Australia, China, Czech Republic (where poppy-straw as an
opiate raw material is only obtained as a by-product), France, Hungary, Slovakia, Spain, the former Yugoslav
Republic of Macedonia, Turkey, the United Kingdom and Serbia and Montenegro (where poppy-straw as
an opiate raw material is only obtained as a by-product). There are 6 more which cultivate only for
horticultural or culinary purposes: Austria, Estonia, Germany, Netherlands, Poland, Ukraine, but they harvest
the produce using means which do not involve the process of lancing and obtaining gum, thereby minimizing
the risk of having opium diverted into illicit channels.”

19
Uttar Pradesh: Barabanki, Faizabad, Ghazipur, Mau, Lucknow, Raibareilly,
Bareilly, Shahjahanpur and Budaun.
A strict licensing scheme is introducing in India in the Central Office of Narcotics, based in

Gwalior. The crop is normally harvested in November and in March-April. Opium is used for
alkaloid extraction such as morphine, baine, and codeine. Once opium is extracted, the pods
will be crushed, the poppy seeds extracted and used to make Indian cooking condiments.

A large proportion of the revenue from licit opium crop is obtained from the selling of poppy
seeds. After the removal of the seeds, the crushed caps are called poppy straw. A
small concentration of morphine residue is present in this poppy straw. The
Indian state governments control the selling of poppy straw for medical and scientific
purposes. In some north-western Indian states, smuggling and exploitation of poppy
straw is a common problem.

“Raw opium is a viscous product with considerable moisture content. Opium tendered by the
farmers at the time of procurement normally comprises of 55-60% solids; the remainder is
moisture. For the sake of uniformity, all production figures of opium in India are calculated
using a consistency ratio of 70 degrees i.e., comprising 70% solids and 30% moisture)” 15.

Crop 2005: The Central Bureau of Narcotics provisional data indicates a decrease of more
than half to 439 metric tonnes of total opium harvested for 2005 (March – April). This was
the outcome of the union government's deliberate decision to lower the number of hectares
cultivated. In 2005, there were 7833 hectares harvested compared to 21141 hectares in 2004.
In fact, there were an average of 79.016 growers who tendered opium compared with 98.555
in 2004. The average yield minimally at 70 degrees consistency, from 57.07 to 56.04
kgs/hectare.16.

Diversion: While the elaborate system of regulatory and preventive control mechanism
to avoid the diversion of opium has been placed in place, certain quantities are diverted
through illegal channels. This is illustrated in and around the poppy growing areas through
seizures, even though it is almost difficult to assess the degree of diversions. The higher price
offered

15
“Since all opium is first tested at the collection centres, in the case of farmers who produce low consistency
opium (e.g., 50 degrees consistency), a smaller amount would be recorded as their total. As an example, if a
farmer produces 14 kg of opium of 50 degrees consistency, it will be reckoned as 10 kg (14 x 50 / 70).”
16
“Source: correspondence between CBN and UNODC in September 2005.”

20
by the illegal market (range from Rs.5, 000 per kg per crop in April to Rs.15,000 – 20,000 per
kg between December and January) is an obvious incentive for unscrupulous farmers.

This can be compared with the government’s official procurement prices, which
generally vary from Rs.720 – Rs.2, 100 per kg depending on the quantity of opium
tendered per hectare17.

Market studies also support the theory indirectly that the illegal production of certain
amounts of heroin in India is the result of a diverted product. For instance, the
UNODC analysis of the illegal Delhi drug market (UNODC ROSA 2001) estimated
that a large proportion of Delhi's heroin in the streets came from poppy grown in India. To
minimize the possibility of diversion, efforts were made to ensure that the commodity
was not left to farmers for a substantial period of time after the opium was launched and
extracted. In an effort to further reduce the risk, the CBN has also initiated a project
to estimate the licit opium poppy cultivation area through satellite imagery.

(B) MANUFACTURE

Methaqualone: Methaqualone is a depressant in the production of Mandrax that is used in

conjunction with diphenhydramine (or diazepam, as an option). Usually in India,
methaqualones are not exploited. It is illegally produced and exported to consumption
in India (in combination with oral and smoked cannabis as ‘white pipe’), a country with a
deep, historical, cultural and commercial relation in India. It is also exported to South Africa.
The NCB states that illegal processing of this drug was possible in
pharmaceutical
establishments in other parts of the world, restricted to Maharashtra and Gujarat. The illicit
production facilities of Hyderabad, South Gujarat, Rajasthan and Eastern Uttar Pradesh have
been discovered in recent years. Often, it was found that non-residents based abroad

supported and regulated these illegal operations. South Africa remains the key focus for the
final product.

Substitute chemicals: Recently, the use of acetyl chloride as a chemical replacement

for acetic anhydride that is regulated under the NDPS Act was one pattern observed during
some investigations. The use of these chemicals would make it more difficult to locate and
trace illegal producers.

“For example,
17
national seizuresthe
of Annual Report ofinthe
opium occurred theNarcotics Control
three states Bureau
illicitly indicates
cultivating that(NCB
opium during2004).”
the year 2003 39% of

21
Amphetamine type stimulants: Although India produces many precursors used for
illicit manufacture of amphetamines, until recently, illicit ATS factories had not been
discovered. Though India produces several precursors for illegal amphetamine production,
unilateral ATS factories were not discovered until recently. Until then the ATS
precursors, especially pseudo-ephedrine and ephedrine, tended to be smuggled to Myanmar
for ATS manufacture. The successful dismantlement on 17 May 2003 of an illegal ATS
laboratory in Kolkata and the confiscation of 24 kg of ephedrine, however, showed a
change in pattern. It was still necessary to commence development, including Burmese,
Chinese and Indian residents. This raid was a part of a successful global joint operation
between the Indian Narcotics Control Bureau and Chinese and United States authorities.

On 5 June 2004, Revenue Intelligence Directorate officers demolished yet another factory of
both ecstasy (MDMA - DioxyMethyl Amphetamine), and methaqaulone, in South India. The
operation also contained seized methamphetamine. Given the relative ease of ATS precursors
available in India and increasing demand worldwide for ATS, in particular Southeast Asia,
the pattern is concerned.

Other Licit Drugs

India is a major pharmaceutical producer. Their about 25,000 manufacturers constitute about
10% of the world's total pharmaceutical quantities. Although the legislation requires the sale
by prescription of all drugs with abuse potential, there are reports of significant
diversion (INCB 2003). Buprenorphine, Phensidyl, diazipam, nitrazepam (codeine-based
cough syrup), and lorazepam are the most often abused pharmaceuticals in Proxyvon
(dextropropoxyphene preparation) (NCB 2002).
In India, currently, injecting drug use is more closely linked to the abuse of licit
opiate
pharmaceuticals than to illicit drugs. A related problem is the issue entrance of spurious drugs
into the marketplace.

(C) DRUG SMUGGLING

India is associated between the Golden Crescent and the Golden Triangles, the two largest
illicit production areas in the world. This proximity has long since become both destination
and a transit path for opiates generated in those regions, and it is also considered a source of
vulnerability. The topic of how much heroin is consumed by opium produced from
licit cultivation in India is, however, still under discussion. The subject is also debated. Nepal
is 22
also a common source of marijuana and resinous hemp (hashish). As is typical of all
countries, an assessment of the work of law enforcement in seizing quantities of drugs and
making related arrests provides the basis upon which an analysis of drug smuggling
and smuggling patterns can be made. The table below depicts a series for the past seven and a
half years.

Heroin

The commercial smuggling of heroin dates from the 1970s, when geopolitical changes
disrupted the conventional Balkan routes. As a transit country for heroin originating in South
West Asia, drug smugglers began using India. Pre-existing networks of smugglers operating
on the Indo-Pakistan border engaged in gold and other commodity smuggling have supported
them in this respect. The opening of the CIS route for SW Asian heroin has made India less
desirable as a transit route, and over the past few years, annual heroin seizures have
decreased to about one metric tonne.

In comparison to global trends, compared to the approximately 50 metric tons

confiscated annually worldwide, the average annual Indian seizure of one metric ton is
relatively modest18.Nevertheless, India experienced a small rise in heroin seizures during the
year 2003. In 2002, seizures increased from 881 kg to 991 kg in 2003 19.Nevertheless, India
experienced a small rise in heroin seizures during the year 2003. In 2002, seizures increased
from 881 kg to 991 kg in 2003.

It is recognized that unscrupulous farmers divert part of the illicitly produced opium and this
is converted into heroin. Heroin trafficked in India originates from three main sources:
(a)South West Asia,
(b)South East Asia and
(c)indigenously produced heroin from diverted opium. South West Asia, which has
traditionally been the primary source, accounting for37% of the total heroin seizures during
1998.
The proportion of SW Asian heroin in total Indian seizures has declined gradually
and accounted for just 4% of the total heroin confiscated in 2003. South East Asian heroin has
always accounted for just about 1% of all seizures (NCB Annual Reports, various years).

18
(UNODC 2004)
19
NCB 2004

23
In India, the lack of a heroin signature program makes it impossible to decide with absolute
certainty the origin of most of the heroin confiscated. In cases where unique
packaging, labelling and numbers are still present, provenance may be established.
However, if the substance passes through many hands, due to potential replacement and
adulteration of the original confiscated drug, these identifying marks may be lost.

South West Asia

South West Asia has historically been considered India's key source of heroin, but in
response to the degree of tension associated with activities on the Indo-Pakistan border, its

quantity has fluctuated significantly. For instance, over 35% of the heroin confiscated
in India was deemed to have originated in South West Asia during 1998, 1999 and 2000.
(NCB 2002). This figure decreased in 2001 to 20 percent and in 2003 to 4 percent (NCB
2003). The cause of the reduced smuggling seems to have been security issues between
India and Pakistan and the consequent military build-up.Over those years, the net
result was a noticeable decrease in both the overall number of seizures and the proportion of
South West Asian heroin involved in total seizures. Most of the South West Asian heroin
seizures have taken place in Rajasthan, Punjab and Jammu & Kashmir states near the border.

South East Asia

In the north-eastern states, overall heroin seizures amounted to just 8 kg in 2002 (or 1%) as
opposed to 12 kg in 2001. The amounts of heroin smuggling entering India primarily from the
border with Myanmar are substantially lower than the volumes of products entering the
country from Pakistan. Moreover, while heroin from Afghanistan and Pakistan is reported to
travel mainly from India to overseas destinations, there are no reports that heroin trafficked to
north-east India is either transported to other parts of the world or smuggled abroad.
This item appears to be consumed mostly in the north-eastern states themselves.
The purity of Myanmar-trafficked heroin appears to be high (heroin number 4). The
NCB states that “The existence of traditional cross-border ethnic links, lack of
movement restrictions, inhospitable terrain and the problem of insurgency contribute to the
problems of interdiction in the north-east”.
Locally manufactured heroin
Notwithstanding the above caveat concerning the absence of a signature scheme, and
notwithstanding the severe restrictions exerted by the CBN, it is assumed that an unknown
quantity of opium is diverted into illicit means.
24
“According to NCB figures, approximately 4% of the heroin seized during 2003 was sourced
in South West Asia and 1% in South East Asia. The origin of the remaining heroin seized
could not be determined with complete accuracy. Nonetheless, according to the NCB, while
“A major percentage of diverted opium is intended for local consumption of [opium] addicts
in the country some of it also appears to get processed into heroin in makeshift clandestine
laboratories”. An analysis of the seizures on a state-by-state basis shows that the three
opiumcultivating states – Rajasthan, Madhya Pradesh and Uttar Pradesh – accounted
for nearly 50%of total seizures. Most of the heroin laboratories dismantled in India are
also located near to the opium cultivating areas”.

Indo-Sri Lankan sector

The rapid increase in the use of the Tamil Nadu coastline around Tuticorin as a staging point
for heroin shipments to Sri Lanka has been shown by seizure figures as well as information
from other sources. In recent years, the Tamil Nadu route has been the most important route
out of India for drug smuggling. Geographical proximity and ethnic links, according to the
NCB, contribute to smuggling by sea, mainly by small craft, between coastal southern India,
particularly the southern Coromandel coast and the northwest coast of Sri Lanka. Of the total
heroin seizures, only 6 percent were confiscated during 1998 in the Indo-Sri Lankan sector.
This figure increased to 29 percent in 2001 and 37 percent in 2002, respectively.
Traditionally, heroin has been smuggled mainly through Mumbai and Delhi to destinations in
the west. Over the past few years, two new routes have formed, namely, the Indo-Sri. The
importance of the Lankan and Indo-Bangladesh sectors, especially the former, continues to
rise. New Delhi experienced its largest seizure in September 2005 (18 kg) of a mixture of
heroin and cocaine smuggled from Kabul via New Delhi on its way to Addis Ababa by West
African nationals.

Cannabis
On average, about 80-100mt of cannabis is confiscated each year by Indian law enforcement
agencies. In 2003, compared to 88 metric tons in 2002 and 87 metric tons in 2001, the figure
was 79 metric tons of hashish (charas) and herbal cannabis (ganja). In India, herbal cannabis
makes up the bulk of illegal drug seizures in terms of number. The north-east as a
whole
accounted for 34% of all cannabis confiscated across the nation in 2003.
25
In the states of Manipur and Meghalaya, cannabis is widely grown. It is claimed that
in exchange for money, the militant organizations in the area have established a form
of patronage with narcotic smuggling groups.
Hashish is made indigenously and trucks and passenger vehicles are also smuggled in from
Nepal with both medicinal cannabis and hashish. It is estimated that Nepalese hashish
constitutes about 40 percent of the total seizures (NCB 2002).
Without any passport or visa restrictions, travel across the Indo-Nepalese border appears to be
relatively unrestricted. Kashmir has emerged as a significant source of hashish among the
Indian states, though Gujarat and Maharashtra remain the major transit states. In the
very recent past, Bhutan was the cause of some cannabis seizures.

Methaqualone
The trend of seizures in recent years, as well as information on organized criminal
groups involved in the production of methaqualone, indicates that it is important to revisit
previous
estimates that the illicit production of methaqualone has been eliminated in India. In
particular, in the vicinity of Mumbai, there are strong signs of a revival of illicit production.
The closure of a number of small-scale pharmaceutical units is an important factor in
the Mumbai area's clandestine development of methaqualone. It is claimed that some
former
employees of these units who have the requisite expertise have been lending their technical
skills to illegal producers of methaqualone.
In some cases, it was found that non-residents from outside India, especially the United Arab
Emirates, financed and controlled these illicit operations. In Uttar Pradesh, Rajasthan, Gujarat
and Andhra Pradesh, illegal facilities have been found and shut down.
South Africa remains the principal destination for the end product. The use of acetyl chloride
as a substitute chemical for acetic anhydride, which is regulated under the NDPS Act,
is another feature that has been documented in some studies. The use of such chemicals
would make it increasingly difficult to locate and classify illegal producers. In this
respect, authorities in India are collaborating with the International Drug Control Board.

Amphetamine Type Stimulants (ATS)

In India, the volume of ATS smuggling and the amount of violence have increased in recent
years. Small consignments have mainly come from across the Indo-Myanmar frontier in India
26
since 2000. Though ATS is smuggled from Myanmar to India's north-eastern states,
ephedrine and pseudo-ephedrine-the precursors for their production-are smuggled to
Myanmar from India. Whether this process is part of a barter agreement has not been
established.
In December 1999, under the NDPS Act, India imposed controls on ephedrine and pseudo-
ephedrine. It is important to note that, after a substantial drop in 2000 to 426 kg, ephedrine
seizures in India increased again to 930 kg in 2001, decreased to 126 kg in 2002 and
increased again to 3,234 kg in 2003. It appears that the overall trend is one of
increased smuggling and consumption.

Cocaine
In 2003, the Narcotics Control Bureau authorities, in collaboration with the Chinese and US
authorities, attempted to set up an ATS manufacturing facility in Kolkata. In 2004,
DGRI officers demolished an ecstasy production plant and a further cannabis tableting
facility in South India. Thus, attempts inside India to produce ATS seem to have
surfaced. This is a matter of concern because India is a major producer of ephedrine and
pseudo-ephedrine, the precursors of ATS. Cocaine seizures throughout the 21st century have
remained steady, but not statistically important, at around 2 kg 20. In India's metropolitan areas,
cocaine seems to be smuggled mainly to meet the demand of the more prosperous
consumers of drugs. In this party, there are growing press reports of cocaine as the drug of
choice. Cocaine patients in Maharashtra are the third most frequent users of treatment
facilities.

Pharmaceutical preparations
Illicit smuggling and smuggling of pharmaceuticals both within and outside the world,
mainly in Bangladesh, Myanmar, Nepal, Pakistan (via Dubai) and the CIS countries, takes
place on a large scale. The authorities in Bangladesh are concerned about the volume
of pharmaceutical preparations, such as cough syrups and painkillers, smuggled from India
into that country. In 2002, for example, law enforcement officials confiscated 300,000 bottles
of Phensidyl® on the Indian side of the border (NCB 2002). A similar problem is found with
the smuggling of painkillers and cough syrups into Nepal, although not on the same scale.

Drug smuggling in the north-east of India

Alcohol, cannabis (commonly referred to as 'ganja'), heroin number 4, and Spasmoproxyvon
® are the main problems of drug abuse in the north-eastern states of India. The latter two are

20
(National Drug Enforcement Statistics compiled by NCB) 27
of particular concern, as both appear to require injection procedure. Heroin Number 4 joins
the nation from Myanmar across the border. Although joint cross-border meetings with
Myanmar are being held with a view to enhancing cross-border cooperation, these are
not regularly held in all countries. From their respective borders with other Indian nations,
the heroin widely referred to as 'brown sugar' reaches the northeast states.In the north-
east of India, there were no major seizures of heroin. The seizure of any opium is (usually it
is wet opium imported from Myanmar). Cannabis accounts for much of the mass seizures. In
the northeast, some states place strict limits on the supply of SP. Ephedrine, a precursor to the
development of ATS, is also being moved from India to Myanmar.

(D) DIVERSION OF DRUGS AND PRECURSORS

The diversion of precursor chemicals from licit channels takes place in spite of strict
controls exercised by law enforcement agencies.
Acetic anhydride (AA)
Acetic Anhydride is a precursor to heroin and methaqualone growth. In its pharmaceutical
and dye industries, India produces approximately 45,000 mt of acetic anhydride per year for
use. Under the NDPS Act, Export Import Policy as well as the Customs Act,
stringent restrictions have been imposed on this chemical.
There are 11 acetic anhydride manufacturers in India with an annual production of between
30,000 and 40,000 tons for various industrial and pharmaceutical uses. Acetic anhydride is
subject to a special customs regime, according to which special safeguards are applied to its
storage and transport within 100 km of the Indo-Myanmar border and 50 km of the
Indo-
Pakistan border. Alternative approaches such as exporting acetic anhydride in
misdeclared sea freight shipments using Dubai as a trans-shipment point have been tried by
smugglers.
Local law enforcement agencies have continued to seize Acetic Anhydride. The acetic
anhydride seized had been intended for use mainly in the illicit manufacture of low-
grade
heroin in India.
There has been a decline in seizures between 1997 and 2000. However, in 2001 the seizures
jumped up to 8,589 kg to come down again to 3,288 kg in 2002 and down further to 857 kg
during 2003.The smuggling of acetic anhydride across the Indo-Pakistan border,
the conventional preferred route, has been declining. In recent times, neither India nor
28
Pakistan have reported acetic anhydride seizures along the border. Much of the
diverted acetic and hydride seem to be intended within the country to generate either
methaqualone or heroin. Attempts have been made, some successful, to secretly export acetic
maritime consignments of cargo. However, pilferage by drivers of tankers carrying
acetic anhydride is the most common form of diversion. This acetic anhydride is
further accumulated and supplied to illicit drug producers by illicit traders.
Ephedrine
Ephedrine is a precursor to the production of amphetamine-type stimulants (ATS).
India produces over 500 ml of ephedrine and pseudo-ephedrine annually.

Anthranilic acid
Anthranilic acid is the precursor used for illicit manufacture of methaqualone. It has
been brought under control under the NDPS Act. In almost all illicit methaqualone facilities
within
the country, anthranilic acid is used.

(E) DRUG PRICES Pharmaceutical preparations

Pharmaceutical preparations containing narcotic drugs and psychotropic substances are
often diverted for abuse; they appear to fetch their legal market price by 400 percent to 500
percent. Spasmoproxyvon's strip (8 capsules) costs Rs.50 (US$1.04) while its legal price is
Rs.50 (US$1.04)(average daily dose=20 capsules) Rs.11 (US$0.22). For abuse,
benzodiazapines including Nitrazepam and Diazepam are also diverted. A strip of these costs
Rs.70-80 (US$1.45-1.66) while Rs.12 (US$0.25) is their licit price.

Heroin
Pharmaceutical preparations containing narcotic drugs and psychotropic substances are often
diverted for abuse; they appear to fetch their legal market price by 400 percent to 500
percent. Spasmoproxyvon's strip (8 capsules) costs Rs.50 (US$1.04) while its legal price is
Rs.50 (US$1.04) (average daily dose = 20 capsules) Rs.11 (US$0.22).
Benzodiazapinesincluding Nitrazepam and Diazepam are also diverted for abuse. A strip of
these costs Rs.70-80 (US$1.45-1.66) while Rs.12 (US$0.25) is their licit price.

Herbal cannabis (ganja)

The wholesale price of herbal cannabis near the source areas can be as low as Rs.400 ($9) per
kg. Nearer to the main utilization centres of demand, prices may be between Rs. 2,000-3,000

29
($44-66). Street prices in some cities are up to Rs. 4,000-6,000 (US$83-125) per kg.
Internationally, market prices appear to be around $2,300 per kg for herbal cannabis.
Precursors
In India, the legal price of acetic anhydride is approximately Rs.50 (US$1) per litre.
Depending on the point in the chain of illegal supply, the illicit price differs. Up to Rs.1,000
(US$20) per litre can be charged by illegal drug suppliers.

(F) DEMAND

Although the scientific literature has published several studies investigating the issue
of substance use in India, few published studies have addressed the issue of the epidemiology
of drug use disorders in the region. While some treatment-setting-based studies have
been published, there is a relative lack of community-setting studies. “The latest information
on drug demand in India comes from the national survey of drug abuse in India released
under the title of “The Extent, Pattern and Trends of drug abuse in India” (UNODC
ROSA and MSJE 2004).”

Summary findings of the national survey

This survey, jointly published by the Ministry of Social Justice and the Ministry of Social
Justice in June 2004, Empowerment and UNODC provide a multi-modality strategy with the
key benefit of ensuring cross-checking, triangulation and various metrics to provide the most
reliable image of patterns in substance abuse.
The National Survey has four major components.
 National Household Survey of Drug and Alcohol Abuse (NHS)
 Drug Abuse Monitoring System (DAMS)
 Rapid Assessment Survey of Drug Abuse (RAS), and
 Focused Thematic Studies:
1.Drug Abuse among Women
2.Burden on Women due to Drug Abuse by Family Members
3.Drug Abuse among Rural Population
4.Availability and Consumption of Drugs in Border Areas
5.Drug Abuse among Prison Population

30
 CHAPTER 7

THE NATURE OF DRUG USE IN INDIA

Rural versus urban background

51.6% of the subjects in this NHS came from a rural background and the remaining 48.4%
came from urban India. In most parameters, they resembled each other. Of the subjects from
an urban context, the monthly income was marginally greater. Heroin abuse, injecting drug
use (IDU) and needle sharing were more frequently identified by people from an
urban context. Users of other opiates and cannabis, by comparison, were usually from
a rural background. A slightly greater proportion of before the age of 20 years, urban
consumers were exposed to drug use earlier, i.e. (42 percent versus 34 percent).

‘Ever use’ versus ‘Existing use’

Many 'ever users' have been noted to be 'existing users. As part of 'ever users,' the proportion
of 'existing users' was around 80% for alcohol, 70% for cannabis and 65% for opiates. Thus,
in the majority of cases, drug use, once started, appears to continue.

Youth (DAMS)
There were many young subjects amongst the treatment seekers (the DAMS
component). Overall, about 5 percent of total treatment users were below 20 years of
age in different
states. Young people registering for treatment were noted to be more frequent users of
propoxyphene, methamphetamine and cannabis.

Youth (RAS)

Out of 2,831 subjects, a total of 368 were below 20 years of age. Furthermore, it was shown
that the mean age of drug use initiation was about 19 years. Drug abuse by street children who
used a variety of drugs including inhalants, cannabis, alcohol and heroin was identified in the
Chennai data. Some of these children were involved in dealing with drugs.

31
Reasons for drug use
Curiosity, experimentation, being in the company of drug users and experiencing the effects
have been common reasons given for drug use. By and large, regardless of the
substance
being used, the explanations were identical.
Treatment-seeking (DAMS)
Very few existing users of these medications have considered therapy with respect to
substance use. Perhaps a tiny minority genuinely sought support. Among alcohol users, only
2% actually requested assistance. While there were significant regional differences within the
country, four percent of cannabis users and about 18 percent of opiate users indicated that
they had attended treatment centres to stop taking drugs. A large number of IDUs (73
percent) have, however, been identified for treatment.

Treatment-seeking (RAS)
Overall, in the previous six months, about one-third had attempted to minimize drug use. Just
a minority (27%) had ever registered to any agency for assistance, however, and an
even smaller percentage (12%) were currently receiving care. Some were not even aware of
the existence of facilities for treatment. Some others have stated that it has been difficult for
them to receive treatment assistance from existing treatment centres. The level of satisfaction
was not high among those registering for care. The available responses indicated that such
factors, such as lack of infrastructure, treatment costs, lack of facilities and indifferent
attitudes of employees, prevented them from doing so undergoing treatment.

Implications
The data indicate that a significant number of current users need support to prevent
them
from advancing into daily or dependent usage, and that strategies for these subjects should
therefore be prepared. The addicted users (addicts), however, ranging from 17 percent to 26
percent of current users, will most desperately need care. This number (0.5-10.6 million, of
alcohol, cannabis, opiate and sedative/hypnotic users) may currently constitute India's
approximate caseload burden.
CHAPTER 8

INJECTING DRUG USE (IDU)

“The most significant recent shift in drug use patterns in India is the move from smoking or
chasing to IDU. Heroin, buprenorphine (Tidigesic/ Tamgesic) and dextropropoxyphene
32
(Spasmoproxyvon) are the drugs that are commonly injected in India. HIV prevalence among
drug users in India demonstrates considerable heterogeneity. There are high levels in some
areas particularly in certain parts of North East India (e.g., the state of Manipur with
a reported HIV prevalence of up to 60% in some districts).”
In many cities with a concentrated IDU population, there is also a high prevalence of (e.g.
Chennai and New Delhi). In other urban areas, such as Mumbai and Calcutta, the prevalence
is low. From several components of the survey, information on IDU is available.
These include, among others, the
The National Household Household Survey (NHS), the Framework for Drug
Abuse Surveillance (DAMS), the Rapid Assessment Survey (RAS) and four of the
Focused Thematic Studies, namely: women's drug abuse, rural population drug abuse, Border
Region drug availability and use, and prison population drug abuse.

Proportion of IDUs
The proportion of IDUs ranged between 0.1% in the NHS to 43% in the NHS (in RAS). The
highest prevalence of IDU from Imphal (80 percent) was recorded in the RAS, followed by
Chennai (43 percent) and Kolkata (38 percent). The age of IDU initiation ranged from 15 to
28 years in the RAS. Before moving to injection methods, there was a period of 2-10 years.
3.% recorded 'ever' using drugs via the injection route in the DAMS component and 9.4%
could be referred to as 'existing' IDUs.

Profile of IDUs
Among all parts of the population, IDUs were present. Depending on the environment and
population sub-group, however, the prevalence was higher. In the urban sample and more so
among those recruited from the street, it was certainly higher (non-seekers of
treatment). Finally, IDUs were identified even among the rural sample, although the
prevalence was low.
IDUs among women, while rare, have been reported as well.
 Drugs being injected:
Propoxyphene, methamphetamine, and buprenorphine were the predominant drugs for
injection addiction. IDUs were also users of poly-drugs and were popular with them for the
abuse of pharmaceutical products.
 Reasons for injecting:

33
Non-availability of heroin ‘(brown sugar)’, ‘injections are less costly,’ ‘better
and quicker high’ and ‘peer influence’ were common reasons cited for injecting
drugs. The data also showed that heroin inaccessibility and simple over-
the-counter availability of injectable prescription drugs such as pentazocine and
buprenorphine contributed to an injection shift. This can be seen in the sense
of a lack of conventional substance addiction availability.
‘Reverse switch’:
While it was found that most IDUs had moved from non-injecting to an
injecting path, a ‘reverse switch’ was also recorded by some others, i.e. shifting from
injecting practices to a non-injecting route. Due to blocked veins, health risks,
increased awareness, availability of “good-quality” heroin and care, many opioid users
returned to smoking.
Multiple adverse consequences and risk behaviours related to IDU were also found.
These are described under ‘Costs and Consequences’.

Substance Use in Prisons

In India, 70% of jail prisoners are 'under trails,' moving in and out of the
prison setting before they are convicted or discharged. While India has a low
prison population (29 prisoners per 100, 000 inhabitants), prison overcrowding
suffers: prisons are normally overcrowded by 30 per cent. This can make the
spread of diseases, including HIV/AIDS, easier. In Tihar Jail, New Delhi, one
of Asia's largest prisons, opioid addicted individuals constitute about 8 percent
of admissions. The majority of these are predominantly inhaled heroin users,
although IDUs have also been recorded in large numbers (UNODC ROSA and MSJE
2002b).
Most are long-duration drug users (more than five years) and some have histories of
multiple
arrests. Since the universal mandate of prisons is rehabilitation of convicts and safe
custody of remand prisoners, the prison staffs are more interested in the safe custody
of the latter. The long judicial process increases the exposure of prisoners in remand to
the risk of drug abuse. Drug addiction treatment and rehabilitation are carried out in
Delhi Prisons. With an increase in the number of medical officers at present,
Delhi Prison was able to take over the detoxification of drug users from an NGO
working since 1989. 34
Following detoxification, in therapeutic systems run by the adult males are
rehabilitated AASRA, an NGO that houses 800 or so drug-dependent inmates.
outcomes are still changing. The prison atmosphere has become conducive to recovery, and
rehabilitation programmes can now be undertaken in a wide variety of disciplines.
Since 1993, there has been a gradual positive shift in the attitude of prison personnel in the
care and recovery of drug abusers in the prison system.
Different studies have shown that among inmates, the severity of drug use and the
vulnerability to the consequences of drug use increase, especially if no services address the
needs of this population.

Substance Use Among Street Children

Street children are those for whom "the street" rather than "the family" has become the home.
There is no security, supervision or direction from responsible adults in such cases.

According to some figures, India has the highest number of working children in the world, as
well as the highest number of street children in the world. According to one estimate, there
are at least 18 million children living or working on the streets of urban India. The
latest estimate is that about 47.2 million homeless and runaway teenagers are
wandering India's streets. Street kids are a community that is considered to be vulnerable to
substance addiction in general.
An analysis of drug abuse among children in India indicated that tobacco and alcohol were
common drugs of abuse among children and adolescents in India, while the use of
illegal
drugs such as cannabis and heroin was also documented. The discovery, in the same research,
of a high prevalence of drug use and even IDU among street children and working children
was of concern. Street kids have been found to be involved in crime, prostitution, violence
associated with gangs and drug smuggling.
In Bangalore, a study examining high-risk behaviours among street kids found that
fifty percent of street children who abused drugs also had unsafe sex (BOSCO). There were
121 street boys interviewed in another study from the same area. Sixteen years was the
median age. Drug and alcohol use was common. A commonly observed feature of substance
abuse by children and adolescents in India is the abuse of inhalants.

In a recently published report 21, New Delhi interviewed male street children aged 6 to
16 years. Before coming to the observation home, more than half (57.4 percent) of the
subjects
21
Pagare et al

35
had indulged in drug use. Nicotine (44.5 percent), inhalants (24.3 percent), alcohol
(21.8 percent) and cannabis were the agents used (26.4 percent). The use of drugs was found
to be substantially correlated with domestic violence, child neglect, nuclear families, running
away from home, and the child's working status.

CHAPTER 9

RECENT FINDINGS ON DRUG CONSUMPTION FROM SMALL-SCALE STUDIES

Since the research was done for the National Survey, a number of smaller studies have been
undertaken most of whose findings essentially serve to confirm the overall trends depicted in
the National Survey. A synopsis of this work is given below.
Kumar and Basu studied the prevalence of substance abuse among medical students
physicians in India and reported that the regular usage of alcohol/drugs among
and
medical
students was up to 56% while the use of 'ever' was up to 81%. Alcohol, tranquillizers and
opioids were popular drugs abused. Reasons cited include “to relieve stress,” “to feel
good”and “increased sexual experience” for substance use (particularly for opium).
In a representative sample of the general population in Delhi, a cross-sectional survey with an
interval of one year was carried out at two points in time. For 5,414 males and 4,898 females,
matched data for two points of time was available. In the overall study, the annual incidence
rates (per 100 persons) were 5.9, 4.2, 4.9, 0.02 and 0.04 respectively among males for any
substance use, alcohol, tobacco, cannabis and opioids. This was one of the few studies that
examined occurrence (the proportion of new cases) as opposed to other studies, which appear
to investigate prevalence only (proportion of all cases).
A methodological issue linked to drug use epidemiology was discussed in another report. A
study of 500 households in an urban slum in New Delhi compared reports of drug use in the
family with reports given by the individuals themselves, as provided by an informant who
was the head of the household. For 1,132 individuals over the age of 15 years, knowledge
from both sources was compared. The consensus on the occurrence of signs and classification
of dependency varied from good to excellent for the use of alcohol, tobacco and opiates.
The authors concluded that useful estimates of drug use and drug dependency for
drugs associated with detectable physiological withdrawal syndromes were given by the
household

36
head interview. This methodology was described as less expensive and faster to execute than
conventional methodologies of self-report.

COSTS AND CONSEQUENCES

Drug abuse has been found to have major adverse effects on the addict, his/her family and, by
extension, on society as a whole. Current drug consumers identified multiple hazards in the
National Survey. Generalized weakness of the body, accompanied by the inability to
visit friends / relatives and the inability to function as a husband or father, were the most
common
among these. In addition, some complained of depression, anxiety, loss of memory, cough,
and breathing problems and poor sexual performance. Other adverse effects of substance use
in the survey include the fact that between 6% and 49% of users report drug-related arrests
and between 24% and 66% report drug-related abuse. Including sex with sex workers, which
ranged between 4% and 24%, unprotected sexual activities with partners other than spouses
were quite common.
Injecting Drug Users
High-risk behaviour
There were some high-risk activities associated with the IDUs. Needle sharing was
prevalent among them, as indirect sharing was (e.g., sharing of cotton swab, filter and
spoons etc.). The needles and syringes were not washed by several. Most used just cleaning
water.
Sexual behaviour
In addition to injecting drug use and needle sharing, unprotected sex was often
included in high-risk activities. There has been a rise in reports of sex with sex
workers among IDUs.
The burden on women by drug abusing male family members
The sample in one of the Focused Thematic Studies was based on interviews with
subjects living with an affected immediate family member who used drugs other than
exclusive alcohol and/or tobacco on a regular (daily or near daily basis) basis. The
women themselves were not frequent users of any drugs that created dependency. The
subjects were recruited from eight urban centres, namely Bangalore, Chandigarh,
Chennai, Delhi, Imphal, Pune, Solan & Shimla and Thiruvananthapuram, as well as
from different environments, such as counselling centres, the group or the workplace.

37
The data was collected from 179 women from eight sites with impacted family
members and 143 primary informants from these sites.
Drugs abused by the male family members
Around 41% were active heroin users and about 52% reported
psychotropic substance misuse (Buprenorphine, Propoxyphene, Barbiturates, Minor
tranquillizers,
other sedatives and cough syrups). Most were consumers of poly-drugs. A significant
proportion of them (67 percent) have been using these substances for more than five
years and about 41 percent are actually seeking drug addiction treatment.
Burden on women
The study found that drug use was considered a primarily male phenomenon across all
sites and the effect of male drug addiction on women was generally economic,
accompanied by stigmatization, emotional and a number of relationship problems and
neglect of children who were in turn more vulnerable to child labour or delinquency.
As a potential consequence of individual drug use, domestic abuse, crime and
increased smuggling have been noted. The family burden of caring for drug users, in
particular for women, was also substantial. Women were seen as making changes, in
addition to the economic burden, at the expense of their own health, growth
and
development.
One of the major pressures faced by women was stigma-blame for the family
member's use of drugs, blame for shielding the problem from others and blame for not
seeking timely treatment. The woman was therefore the target not only of the drug
user, but of society as a whole as well.
Despite continuing addiction, women continued to look after the drug using
family members and suffered from intense worry and depression in the process.
These women were frequently exposed to abuse and lived in an atmosphere that was
hostile. The majority of domestic violence recorded in the study was aimed at
women and took place to perpetuate the habit in the sense of demands for
money. The woman generally conceded and gave the money in order to avoid
more abuse, creating a vicious cycle of violence as an efficient means of extracting
money.

38
 CHAPTER 10

POLICY – DRUGS

Constitutional
The India approach towards Narcotic Mandates
Drugs and Psychotropic Substances is enshrined
in
Article 4722 of the Constitution of India, which allows the government to prohibit the use and

consumption of health-harming drinks and drugs. In terms of justification, but not in terms of
enforceability, the right to health has perhaps been the least challenging area for the court.
Article 47 of Directive principles of state policy provides for the duty of the state to improve
public health. This Article is based on Gandhian principles. However, the court has always
recognized the right to health as being an integral part of the right to life guaranteed
by Article 21 of Indian constitution. In the case State of Punjab v Mohinder Singh 23,
the Supreme Court held that Right to health is a fundamental right guaranteed under Article
21.
Article 25324 of the Constitution empowers the Parliament to legislate for the purpose
of discharging obligations under international conventions and foreign treaties. Accordingly,
the Narcotics Drugs and Psychotropic Substances Act, 1985 was enacted in November, 1985,
to give effect to the provisions of the existing UN Conventions. It contains stringent
provisions for the control and regulation of narcotic drugs and psychotropic substances, and
provides an essential framework and appropriate provisions for the control and
regulation of narcotic drugs and psychotropic substances, and provides an essential
framework and appropriate provisions for administrative action.

Anti-Drug Laws
The statutory control over narcotic drugs in India is exercised through a number of Central
and State enactments. “The Opium Act of 1857, Opium Act of 1878 and the Dangerous
Drugs Act of 1930 were enacted a long time ago”. However, certain deficiencies in existing
rules have arisen with the rise in drug abuse and illegal drug trafficking, making it important

22
“The State shall regard the raising of the level of nutrition and the standard of living of its people and the
improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring
about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which
are injurious to health.”
23
AIR 1997 SC 1225
24
“Parliament has the power to make any law for the whole or any part of the territory of India for implementing
any treaty, agreement or convention with any other country or countries or any decision made at any
international conference, association or other body.”
39
for Parliament to pass new legislation to combat this problem. For example, the Dangerous
Drugs Act of 1930 provides for a maximum period of imprisonment of 3 years with
or without a fine and for repeated offences of 4 years with or without a fine.
“As a result of experience gained on account of India’s participation in various international
conventions that are single convention on Narcotic drugs,1961, Convention on
psychotropic substance 1971, Convention on illicit traffic in Narcotic Drugs and
Psychotropic substance 1988 and realizing India’s obligation under Article 253 25 of
the
Universal Declaration of Human Rights 1948 and Article 12 of the International
Covenant on Economic, Social and Cultural Rights 1966 26 , which are reflect the concern
of the international community for the protection of the individual's right to the enjoyment of
the highest attainable standards of physical and mental health and the gravity of the problem
and the need to enact laws in tune with times, the Narcotic Drugs and Psychotropic
Substances Act of 1985 was passed by Indian Parliament as a comprehensive legislation on
narcotics, providing for stringent and long term prison sentences and heavy fines for
offenders. Offender under this Act includes the cultivator, supplier, and seller as well as the
drug consumer27”.
“The amended Drugs and Cosmetics Act 2008 and Rules also provide for deterrent
punishment and stringent control over manufacture, sale, and distribution of
psychotropic substances. The amended Act provides that any drug deemed to be adulterated
or spurious when used by any person for or in the diagnosis, treatment, mitigation, or
prevention of any disease or disorder is likely to cause his death or is likely to cause such
harm on his body as would amount to grievous shall be punishable with imprisonment for a
term which shall not be less than ten years but which may extend to imprisonment for life and
shall also be liable to fine which shall not be less than ten lakh rupees or three times
value of the drugs confiscated, whichever is more. The fines realized in such cases will be
paid to the relative of the deceased or the aggrieved person 28. Despite these harsh
punishments, the crime is on rise.”

25
“Everyone has the right to a standard of living adequate for the health and Well-being of himself and of his
family.”
26
“The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health.”
27
Supra, n.10
28
Section 12, Drugs and cosmetic (amended) Act 2008

40
An Overview of Narcotic Drugs and Psychotropic Substances Act

One of the country's harshest laws is the NDPS Act, 1985. It prohibits the
cultivation,
production, possession, selling, purchase, trade, use and consumption, except for medical and
scientific purposes, of narcotic drugs and psychotropic substances under license.

The NDPS Act 1985 sets out the statutory framework for drug law enforcement in India. The
main elements of the control regime mandated by the Act are.
The Act prohibits, except for medical or scientific purposes and in compliance with the
terms and conditions of any license, permit or authorization issued by the government,
the cultivation, processing, manufacture, possession, selling, purchase, transportation,
warehousing, consumption, interstate movement, transhipment and import and export of
narcotic drugs and psychotropic substances 29.
The central government is empowered to control the cultivation, production, import, export,
sale, consumption, use of narcotic drugs and psychotropic substances, etc. 30.
State governments are allowed to permit and control the possession and interstate
transportation of opium, poppy straw, medicinal opium production and cannabis
cultivation, except hashish.31
The central government is empowered to declare any substance based on an
evaluation of its possible use as a controlled substance in the manufacture of narcotic drugs
and psychotropic substances32.
Given the size of India and the federal nature of politics, a number of central and
state agencies were empowered to implement the provisions of the Act. These agencies
include the Customs and Central Excise Department, the Revenue Intelligence Directorate,
the Central Narcotics Bureau and the Central Investigation Bureau, and the State-level Central
and State Police and Excise Departments. The Union Ministries of Social Justice and
Empowerment and Welfare are responsible for the demand for drug law enforcement,
which broadly includes health care and de-addiction, rehabilitation and social re-integration
of drug users33.

29
Section 8 of the Act
30
Section 9 of the Act
31
Section 10 of the Act
32
Section 9A of the Act
33
Malik, Commentaries on Narcotic Drugs and Psychotropic Substances Act, 1985. Law publishers (India) pvt.
Ltd, 2012, p.5

41
Chapter IV (15 to 40) of the Act deals with prohibition of offences and penalties related to
cultivation, production, transportation, selling, and purchasing of poppy straw, coca
plant, coca leaves, prepared opium, opium poppy, opium, cannabis plant and cannabis 34.
All of these offences are treated by special courts and the penalties imposed vary from 10 to
20 years of imprisonment for the first offence.
In addition to persons directly engaged in the smuggling and smuggling of narcotic drugs and
psychotropic substances, any person who funds or harbours or is a party to a criminal
conspiracy is involved in smuggling or abetting a person. Including a criminal conspiracy to
commit a crime outside India, the same scale of penalties is also responsible.

AMENDMENT TO THE NDPS ACT

Section 31A was introduced into the NDPS Act, by the 1989 amendment, which allows for
the mandatory death penalty in respect of such repeated offences involving significant
quantities of drugs. In June 2010 in Indian Harm Reduction Network v Union of India 35,
an NGO the Lawyers Collective challenged the provision for violating fundamental
rights pursuant to Articles 21 (security and freedom) and 14 (equal protection of law) of the
Indian Constitution. It also brought into question the adequacy of the death penalty for
trafficking in drugs, which does not entail killing or taking human life and is only an
economic crime.

34
“Section 2 (xviii) of the Act defines “poppy straw" as all parts (except the seeds) of the opium poppy after
harvesting whether in their original form or cut, crushed or powdered and whether or not juice has
been extracted therefrom.
Section 2(vi) (a) the Act defines "Coca plant" as the plant of any species of the genus Erythroxylon.
Section 2(vi)(a) defines “coca leaf means” as the leaf of the coca plant except of a leaf from which all ecgonine,
cocaine and any other ecgonine alkaloids have been removed
Section 2(xi)(b) defines “prepared opium” as any product of opium by any series of operations
designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after
opium is smoked
“Section 2 (xvii)of the Act defines "opium poppy" as the plant of the species Papaver somniferous L.; and the
plant of any other species of Papaver from which opium or any phenanthrene alkaloid can
be extracted and which the Central Government may, by notification in the Official Gazette, declare to be opium
poppy for the purposes of the Act
Section 2 (xv) of the Act defines “opium" as the coagulated juice of the opium poppy, S.2,(xv) Section 2 (iv) of
the Act defines “cannabis plant" as any plant of the genus cannabis.
Section 2 2 (iii) defines Cannabis(hemp) as charas that is the separated resin, obtained from cannabis plant and
ganja, that is, the flowering or fruiting tops of the cannabis plant.”
35
AIR 2013 SC 562

42
2001 Amendments

With effect from 2 October 2001, the NDPS Act 1985 was amended. These amendments now
contained in the Act have led to substantial changes to the criminal system under the 1985
NDPS Act, as financial inquiries and the disposition of land obtained unlawfully have been
made more substantive. In addition, new forensic methods have been implemented and some
practical challenges encountered by investigative officers have been eliminated.
The amendments are:
a) Graded punishments: The amended Act classifies punishment according to the
quantity of confiscated substances into three categories and also provides for judicial
discretion in relation to the severity of sanctions. Violations in small amounts now
require up to six months in prison, or fines or both. Commercial breaches continue to impose
a minimum jail term of 10 years, extending up to 20 years and involving a fine no less than
Rs. 100,000 (approx. US$ 2.100), extending to Rs. 200,000, or approx. US$ 4.200,
respectively).Violations with more drug quantities than the required small amounts are
subject to a penitentiary with strict jail, which can be longer than 10 years and may be
fined, but less than industrial amounts.
b) Financial inquiries made easier: Following the amendment, a drug offender's
property could be frozen when convicted without waiting for prosecution or
completion of complete pre-trial custody.
c)Money laundering becomes an offense: Illicit property was laundered in a breach of the
Drugs Act
d)Removal of difficulties in compliance with Section 50: The provisions of Section 50
of the NDPS Act - in which a large number of acquisitions were triggered - have become
more versatile for the purposes of dealing with circumstances of real life where a
searching person can be rendered without the suspected separating him into the nearest
Gazetted Officer or Magistrate.
e)Controlled deliveries: A provision was made for the transfer of confiscated drugs
from one location to another in and outside the countries under controlled conditions, as a
consequence of promoting thorough investigations and neutralizing the whole union
involved in drugs trade. Sections 41 and 42 of the Ambit was expanded to include
controlled drugs and financial inquiries. In cases relating to financial
investigations and controlled drug, the Search, Seizure etc. provisions of sections 41
and 42 are also applicable too.
43
Narcotic Drugs and Psychotropic Substance (Amendment) Bill, 2011

While the NDPS Law provides for strict rules to deter substance abuse and illegal trafficking,
the Act has some flaw, such as the failing of opioid patients in India, since the NDPs rules
make it difficult for hospitals to store and dispense opioids. Opioid drugs cannot be obtained
for pain relief. Hospitals must obtain storage, import, export, transportation, etc. licenses for
each of which needs competition from various departments (Excise, Drugs Control, Health
administration).These licenses must be valid concurrently, although a license's term of
validity is sometimes as limited as one month. The first license also would have expired by
the time the institution obtained a second licence. While the NDPS Act, on the other hand,
provides for narcotic and psychoactive medicinal use, tight controls and costly
licensing procedures along with drug and cosmetics law tests, millions of patients in
1940 have impeded access to opiates.

To remedy these impairments, Lok Sabha recently adopted the NDPS (Amendment) Project
on February2014.The revisions make vital ways to break down medical improvements by
eliminating obstacles from the law's implementation in 1985. The amendments also contain
provisions to enhance treatment and care of people with drug dependency, step away from
abstinence-orientated programs to chronically but treating drug dependence. 36 This will
change now as Parliament in section 2(viii(a)) of the Act adopts a new category of "essential
narcotic medicines," which the Central Government may communicate.
“Drugs identified as essential will be subject to Government Rules, which will apply
uniformly throughout the country, bringing to an end the unwieldy and inept practice
of obtaining multiple State licenses for possession, transport, purchase, sale,
distribution, use and consumption and the amendments broaden the object of the NDPS Act
from containing illicit use to also promoting the medical and scientific use of narcotic drugs
and psychotropic substances”.
Although effective provisions of the Act should help to curb illegal smuggling and trafficking
and substance abuse, these provisions are insufficient and need to be revised, given
the changing lives of people and the increasing demand for medicinal drugs. And the anti-
drug

“Drug dependence is the body's physical need, or addiction, to a specific agent. There is therefore virtually no
36

difference between dependency and addiction. Over the long term, this dependence results in physical
harm, behaviour problems, and association with people who also abuse drugs, https://www.google.co.in,
accessed on 15.9.2014.” 44
laws should take ways of rehabilitating and making them productive people in their country,
instead of taking a punitive approach for drug users.
At present, the investigating officer has no time limit to investigate the trafficking
assets which have been unlawfully obtained and notify the competent authority. As a result,
there was no attention given to financial inquiries in drug cases. The investigative officer
should report to the appropriate jurisdictional authority within one hundred and eighty days
of his arrest or seizure the properties unlawfully obtained by the individuals involved in the
drug trafficking.[New entry Section 57A]
The Hon'ble Supreme Court interpreted Chapter VA's current provisions (including Section
68B) and found that the assets to be forfeited and the crime committed should be connected to
each other directly. It is nearly impossible to prove such a nexus as the drug traffickers do not
keep records of the drugs they sell and the manner in which they invest the sale proceeds.
Therefore, it is proposed to identify, as illicit property acquired by amending Section
68B clause, properties belonging to smugglers, their families and associates, of which the
source and the equivalent value cannot be proven (g).

The NDPS (Regulation of Controlled Substances) Order, 1993

Whereas the NDPS Act 1985 includes precursor chemical regulation provisions, the NDPS
was promulgated by the Government of India in 1993 (Regulation of Controlled Substances)
Order setting out comprehensive guidelines, procedures for the fabrication of the 'controlled
substances,' distributes, exchange, imports, exports, etc. Currently there are informed of
controls under these Orders five substances - acetic anhydride, anthranilic acid, N-
acetyl anthranilic acid, ephedrine and pseudoephedrine. Controls on imports/exports of a few
other chemical substances are also exercised. Together, the 2001 amendments and the 1993
order constitute substantive compliance with the asset forfeiture and precursor control
provisions of the 1988 Convention.

Preventive detention legislation is the protection of illicit drug and psychotropic trafficking
regulation. Persons who indulge in drug trafficking can be detained through an
executive order passed by designated authorities. The Central Government Joint Secretary
(Revenue) has the right to issue such arrest warrants. The appropriate authorities shall also be
appointed by the state governments to work in this capacity.

45
(A)Institutions
“The Department of Revenue in the Ministry of Finance has the nodal co-ordination role
as administrators of the NDPS Act, 1985 and the Prevention of Illicit Traffic in
Narcotic Drugs and Psychotropic Substances Act, 1988. The Ministry of Social
Justice and Empowerment is responsible for implementing the drug demand reduction
programme in the country, mainly through support to NGOs.
India has adopted the policy of empowering multiple agencies to enforce the NDPS
Act, namely Customs, Directorate of Revenue Intelligence, Police, Narcotics Control
Bureau (NCB), Central Bureau of Investigation and Central Bureau of Narcotics (CBN),
amongst others”.

The NDPS Act has also recently been empowered by the National Investigation
Agency (NIA).
In 2016, a Coordinating Centre for Successful Drug Law Enforcement (N-CORD) was
established between different Federal and State Agencies. In order to synergize the efforts of
all the stakeholders, the NCORD system has been restructured into 4 tiers up to district level
on 29 July, 2019 for better coordination and co-operation. In addition, a Joint Coordinating
Committee for the Investigation of Major Drug Seizure Cases was set up by the Department
of Home Affairs.
The Ministry of Finance is mandated to supervise licit culture of opium poppy for medicinal
use by the Central Bureau of Narcotics (CBN). In compliance with the international pre-
informed consent system, enforced by the International Narcotics Control Board CBN also
issues licenses for licensing the manufacture and export of synthetic drugs; it is the national
competent authority for export of NDPS product from India. Being the apex anti-smuggling
agency, DRI coordinates with various national and international enforcement agencies as a
part of its law enforcement efforts against smuggling of narcotic drugs and
psychotropic substances.
In 2019 DRI successfully handed over intelligence to the Australian Border Force as part of
international efforts against trans-national trade in illegal drug, resulting in the confiscation in
a package of sweets sent from India to Australia of 25kg of pseudoephedrine. Such attacks
enhance the widespread presence of synthetic drug manufacturing units in India.
DRI's mandate should not stop with the lodging of lawsuits surrounding the seizure of the
NDPS Act 1985 drugs. The authorities of the DRI also take aggressive measures in order to
prosecute criminals who are engaged in a drug threat of acts in the Court of Justice that have

46
a real destructive effect. The DRI reputation is founded on the prosecution of drug-related
dealers as a drug law enforcement agency. In May of 2019, when the Hon'ble sessions Court
ruled that the officers of the Revenue Intelligence Directorate were being imprisoned
in Mumbai's face, Jalgaon convicted seven persons for 12 years in a case of illegal production
of 1200 kg of Ketamine Ltd. This was one of their prestigious events, as it was one
of western India's greatest drug seizures. In December 2013, the confiscation took place. This
carefully managed case has connections with Jalgaon, a Central-Maharashtra town, in Delhi,
Chennai, Hyderabad, Mumbai, Trichy. In a nearly two-year marathon trial requiring
the examination of about 100 witnesses, the officials stubbornly pursued the trial and
finally borne fruit. During the DRI team's work, the massive seizures have gone
through. The condition of drug trafficking is also shown to be very troubling by India.
The DRI and other drug enforcement authorities are also actively making attempts to
safeguard the country and its people.
In the Broadsword operation, the targeting of suspicious consignments in the run-up
stage
itself exposed a large number of controlled substances. Around 12,000 Tramadol tablets of a
street value of approx. Rs. 16 lakhs with approximately 500 Zolpidem tablets of an estimated
street value of Rs. 7,31 lakhs, and an estimated 1,050 Rs. 3 lakhs of alprazolam that
was bound for India, are confiscated.

Article 47 of the national policy on narcotics and psychotropic substances, State

policy Directive, Indian Constitution, where 'the State's responsibility is to increase
nutrition and living standards to enhance public health.' The Indian State Directive
Principles It directs, inter alia, that the “…the State shall endeavour to bring about
prohibition of the consumption, except for medicinal purposes, of intoxicating drinks and
of drugs which are injurious to health”. The Government's policy on this issue,
originating from the above-mentioned provision of the Constitution, is also directed by
international conventions. The 1985 NDPS Act sets out the objective and direction of the
national drug control strategy. In order to exercise the powers and duties of a central
government under the Act, this Act expressly provided for the creation of a Central
Authority. The Narcotics Control Bureau was established in exercise of its powers on 17
March 1986 with its Headquarters in Delhi. While not officially implemented, the master plan
was incorporated by a substantial number of its clauses into the subsequent five-year national
plans.
47
(B)Licit control (drugs and precursors)

Regulation of licenses: CBN led by the Commission for Drugs is responsible for licit opium
production in India. An elaborate control system has been developed to provide
adequate account for and prevent all opium produced in India from being diverted into illegal
channels. Licensing control with a minimum qualifying return prescription (MQY) and
government buying monopoly are the major elements of the scheme. Strict surveillance
measures have been implemented, including step-up test measurements and preliminary
weighting checking. CBN procures and operates in its two opium’s and alkaloids
factories at Not much and Ghazipur the entire approved harvested crop.
Precursors, India has an established and extensive chemical industry, which produces and
uses for legitimate purposes a broad range of chemicals. Some chemicals are also precursors
to, and thus vulnerable to diversion or necessary chemicals often used by the illegal
drug market. India manufactures 15 precursors including acetylanthranilic acidifying
agents, ephedrine, pseudoephedrine, and anthroanilic acid. Many of the precursors
mentioned in Tables I and II of the 1988 UN Convention are produced and exported in the
chemical and pharmaceutical industries. All three UN Conventions are ratified by India. It is
under three separate laws that regulate precursors, they are as follows:
Controls under the NDPS (Regulation of Controlled Substances) Order, 1993: This
order issued under Section 9A of the NDPS Act, 1985 requires the manufacturers,
distributors, sellers, importers, exporters and consumers of controlled substances to maintain
records and file quarterly returns with the Narcotics Control Bureau. It also requires that the
controlled drug is notified to the Director General, NCB of any failure or disappearance.

Precursors covered:

Anthranilic, N-acetylanthranilic and Pseudoephedrine acetic anhydride. Acetic anhydride.

Agency for enforcement: Bureau for monitoring of drugs in order to track returns. Any NDPS
Act empowered officer can take action in the event of a breach.
EXIM policy controls:
In compliance with the Development and Regulation Act (1992), the EXIM (export-
importance regime) policy imposes limits on the importation and export of goods.
Seven precursors are exported to a Certificate of no objection and the import is
limited to three precursors. Currently, a No-objection Certificate from the
Commissioner for Drugs, the 48
precursors covered: the export of acetate, ephedrine, pseudoephedrine,

methylethylcetone,phenyl-2propanone 3, 4, methylenedioxyphenyl-2-propanone
and potassium permanganate. The import of acetic anhydride, ephedrine and pseudoephedrine
is restricted in India.

Enforcement agency:
Narcotics Commissioner grants NOCs for exports, and import licenses of precursors
for which the Director-General of Foreign Trade limits imports.

Controls under Section 11 of the Customs Act 1962: Intensive controls in the
specified areas are made by customs officers on the goods specified below. Acetic
anhydride is reported as a defined substance within 100 km of the Indian Government under
this section. Border of Indo-Myanmar, 50 km. On the frontier of Indo Pak. The special
measures referred to in this section usually require all persons who hold, possess or
regulate the substance concerned to keep records and provide descriptions of the amounts
kept and transported to the customs officers of these substances.

Enforcement agency: Customs.

(C) Supply Reduction

An effective legal and administrative framework for combating drugs has been established in
India
Trafficking. - Trafficking. India complies with the United Nations legislation
Agreements and collaboration on supply and enforcement efforts with countries in the region.
India also signs the SAARC Drugs and Psychotropic Substances Convention.
Law enforcement goals are the prevention and eradication of illegal drug crops.
On an operational basis, the NCB co-ordinates India's policy on drug law enforcement and
concentrates on:
(a)Fight trafficking through effective intelligence, prohibition and enquiry initiatives;
(b)Illegal drug crops eradication;
(c)) Prevention of licit opium leakage;
(d)imposing domestic and foreign restrictions on precursor chemicals chosen by the
Commission; and
(e) Increasingly targeting assets derived from drug trafficking for confiscation and forfeiture.
49
(D) Demand Reduction

A Drug Demand Control Policy has been implemented by the Ministry of Social Justice and
Empowerment. The policy is based on the idea that a concerted involvement of government
and NGOs is more successful in combating substance abuse.
This is accomplished through the Prohibition and Substance Abuse Prevention scheme where
support for the establishment / maintenance of therapy and knowledge centre’s is
made available to charitable organizations. 369 NGOs run 459 are funded by the
Ministry (counselling, awareness and de-addiction cum rehabilitation centre’s). Each
year in these centre’s, an average of over 300,000 people are addicted. The Minister
of Health of the States/Territories of the Union is responsible for the health, treatment
and hospitalization facilities. MSJE has developed a three-pronged strategy for demand
reduction (MSJE 2003) based on a substance addiction approach, which can be dealt
with by community-based action. There are three parts:
a)Sensing people on the negative effects of drug abuse and educating them.
b)Addicts are handled through motivation, advice, treatment, monitoring and
social reintegration programs.
c)To provide training for volunteers to develop and educate a framework of operators
to control drug abuse to promote drug abuse prevention.
The strategy includes training volunteers to prevent medical abuse, and the strategical
approach is based on the belief that a coordinated response between government and
nongovernmental organizations is more effective in preventing drug abuse. This
strategy includes training for volunteers in preventing and rehabilitating drug abuse.

The scheme of prohibition and the prevention of drug abuse, which funds are allocated for
voluntary organizations, providers of services, workplace program prevention and training, to
establish/maintain counselling and awareness centres, deduction centres and dedication
camps. The MSJE national reduction strategy is complementary to the 1994 national master
plan. The Prohibition and Drug Abuse Prevention scheme (Scheme for the Prevention
of Alcohol and Substance (Drug) Abuse) has been reviewed, restructured and titled to counter
the demand for dependence-producing drugs since the Sixth Five Year Plan Scheme. In light
of the approach and goals envisaged in the 9th Five Year Plan, the revised Scheme
was
implemented on 1 April 1999.They are funded to establish and maintain counsel ing
and
50
awareness centres and treatment centres and to organize camps for the dedication of people,
awareness-raising programs and staff development. A national Drug Demand Reduction
Policy and Study is being prepared in India, as well as the Ministry of Social Justice
and Empowerment.

CHAPTER 11

DRUG SMUGGLING IN NIGERIA

The growing problem of illegal drug trafficking seriously threatens the global
community. Unlawful drug trafficking, like all other types of transnationals, organized crime,
is posing a danger to policy and socio-economic growth, promoting corruption and abuse,
undermining the rule of law and good governance, and posing significant health challenges,
according to USAID (2013)37. Drug barons use various strategies to transfer their
consignment in their lucrative drug business. Any of the world's most patronized
means for drug-traffickers to transport their wicked merchandise is air, vessels, horses,
catapults, bucket bridges, tunnels and human beings (mules).

Although these drugs are not inexpensive, the constant supply of unscrupulous businessmen
who trafficked them is therefore generally highly required. Drugs such as cannabis, cocaine,
heroin, amphetamine, ephedrine, etc. are most widely patronized drugs in Nigeria, which are
sold in Nigeria in various cultures and socio-economic contexts. Medicines such as cocaine
and heroin are not manufactured in Nigeria, but there is a strong demand for medicines and
the amount circulating is heart-breaking. Due to Nigeria's strategic position and unpolitical
land borders, it is recognized as a transit nation (Dambazau, 2007).This, allows illegal drugs
from source countries to consuming nations to be transmitted easily. Nigeria therefore
provides the lack of interaction between these drug-producing countries and the
world's consumer nations.

TRENDS IN ILLICIT DRUG SMUGGLING IN NIGERIA

Drug trade is an outlawed trade in which narcotics are made available for general use under
legal prohibition. It involves a range of processes, including manufacturing,
culture, manufacture, procurement, storage, import, export, carriage, distribution, sales offer,
trading

State Agency for International Development”.

37
USAID, 2013. “The development response to drug trafficking in Africa: A programme guide. USA: United 51
and sales, of narcotics and psychotropic substances. Illegal drug trafficking is an organized
transnational crime that encompasses multiple parts of the world. Why few nations are
origins, other countries such as Nigeria are countries of transit and consumption. The illegal
trade in drugs began in Nigeria after World War II in Dambazau 38, 2007, when soldiers from
Nigeria who waged warfare brought the seeds of cannabis into Nigeria in India and Burma,
currently Myanmar. Initially, the seeds were planted for their personal use and they were still
being planted for commercial purposes due to the favourable climatic conditions and fertile
soil. The nation has seen the use and selling of cannabis increased since then. In addition, the
government has put in place numerous regulations to contain the prevalence of the
issues associated with use and misuse of cannabis. In the early 1980s, because of the
flood of narcotic drugs into Nigeria, the drug epidemic took on various aspects. In the world
drugs have been brought into the country such as cocaine, methamphetamine,
amphetamine, ephedrine and psychotropic substances. Nigerians who have been trafficked in
illegal drugs have taken these drugs into their own country. Those drugs are now available in
this region, while Nigeria is not a producer of cocaine and heroin. Because of its strategic
geographical position and its vast porous land bounds, the nation became a transit country.
This, allows illegal drugs from source countries to consuming nations to be transmitted
easily. Nigeria therefore provides the lack of interaction between these drug-producing
countries and the world's consumer nations. The NDLEA data show that cocaine is
being brought to Asia, particularly from India, Pakistan, Thailand, Indonesia, Myanmar,
Afghanistan and Laos from Latin American countries such as Peru, Bolivia, Columbia, Brazil
and the Caribbean, while heroin and synthetic psychotropic substances are being brought to
Asia. Cannabis is Nigeria's most widely-sponsored illicit drug and is grown illegal in various
parts of the world.

The fact that drug traffickers such as cocaine, crack, heroin, morphine and other similar drugs
are now readily available and can be easily bought on the streets of Nigeria in Nigeria is a
striking feature of Nigeria's traffic. Drug dealers who work in trade unions bring these drugs
to the country. These unions were classified as procurement unions based in countries with a
source base, into four specific specialties in Nigeria; courier unions with low-level
human carriers of various nationalities; distribution unions outside of the country that deal
with sales in the final destination and local trading unions that specialize in the production of
drugs. The illegality of cannabis cultivation in various parts of Nigeria really
exacerbated the drug
Defence Press Ltd. pp: 27

52
Dambazau, A.B., 1995. Politics of the drug war and the rule of law in Nigeria. Nigeria: Kaduna
38

Nigeria
problem in Nigeria. In southern and middle belt areas in Nigeria, cultivation of cannabis has
previously been prevalent, but over many years’ large numbers of cannabis farms in states
such as Katsina, Kebbi, and Adamawa have been identified. In traditional high-risk regions of
Ondo, Edo, Osun, Oyo, Delta and Ogun, the local supplies of cannabis have now changed
into supplies from many parts of the country, increasing consumption and export rates. 39

The use of courier services to transport drugs to various parts of the world is part of Nigeria's
drug smuggling trend. Because of their belief, the medium of distribution in illegal trading is
used repeatedly by courier service merchants to transport their consignments. However, the
use by courier companies for the transport of drugs is frequently misused by their services,
since they may not be aware of their use but may involve individual employees.
Heroin, cocaine, cannabis, MDMA (commonly known as ecstasy)," lysergic acid
diethylamides and amphetamines are the most widely used medications smuggled
through NDLEA courier services. Drug trafficking Organizations (DTOs) often prefer to
smuggle illicit drugs using courier services because the drug can be easily disguised in small
parcels, even at relatively low operating costs and without accompanying the drug. In
addition, many drug shipments from one location to several destinations can be sent. The
consumption of drug and goods by neighbouring countries in Nigeria is another aspect of
the trend towards drug trafficking. This, is obvious because Nigeria's neighbouring
countries are not very strict in finding containers until they are cleared or released. It is
very clear that it is easy to do so, because of the porous land frontiers. Nigerian-based
Droge Trafficking Associations (DTO), typically use this situation by delivering their
containers from the border to Nigeria via these neighbouring countries. In most cases
human mule is recruited to be transported to the consuming countries in small amounts. 40

“A worrisome trend in drug smuggling is the constant device of means of beating security
checks and avoid detection by drug traffickers. This account for why drug merchants
and their cohorts always change their preferred sources of drug supplies and
destination. They always do this in order to avoid direct flight to countries of the destination
so as to prevent the detection of the drugs and evade arrest. The discovery of clandestine
laboratories for the manufacture of methamphetamines in the country has added a new flip to
the trend of illicit drug enterprise in Nigeria. This, however, is a sad and ugly development as
Nigeria is now

40
Ibid
NDLEA, 2010. “National drug law enforcement agency. 2014 Annual Report. Federal Ministry of
39

Justice, Federal Ministry of Justice”.

53
one of the countries in the world where methamphetamines are produced through clandestine
laboratories. The National Drug Law Enforcement Agency (NDLEA) has reported that
eleven clandestine methamphetamine laboratories have been discovered and dismantled
in the country. These laboratories were discovered in both Lagos and Anambra states.
The discovery of these clandestine drug manufacturing laboratories has also increased
the smuggling of methamphetamines through courier houses, seas ports, airports and land
border posts.”

In the past, Nigeria was previously classed as a global drug hub, but the country is gradually
gaining not just the status of a "consuming country" but the status of a "producing nation."
This is because of illegal cannabis cultivation and a recent discovery in Nigeria of clandestine
methamphetamine laboratories. This is a misfortune and a worrying phenomenon. In Nigeria,
the trend towards illicit drug trafficking is alarming. NDLEA arrest records show that
the number of people arrested for drug smuggling offenses has steadily increased. Four
hundred and sixty-four (464) drug traffickers were arrested in 1990 when the agency
started operations, whereas 8,826 people were arrested for smuggling illegal medicines
in 2014. Between 2000 and 2014, a total of 86,500, 314 (86,314) people had been detained
for drug trafficking-related crimes. Furthermore, information indicates that youth between 16
and 40 years of age constitute a high-risk drug trafficking group in the country and that they
have been identified as the main predisposition to drug trafficking as the desire for rapid
money, peer group influence and ignorance. Nigeria has no doubt a serious drug
problem, and cannabis is the most trafficked illegal drug cultivated illegally in
different parts of the country. Nigeria has the most serious drug problem. The growing
discovery of clandestine methamphetamine labs has also exacerbated the drug crisis in the
nation.

Overview of Routinely smuggled and Trafficked Illicit Drugs in Nigeria

Nigeria has played a role in the global trade in both licit and illicit psychoactive substances
for centuries41. However, Nigerians are usually involved in the following types of
illegal drugs. Cannabis, cocaine, opium, stimulants like amphetamines (ATS) and
psychotropic drugs are part of these.

41
https://www.researchgate.net/publication/335426130_Trends_in_Illicit_Drug_Trafficking_in_Nigeria

54
(i) Cannabis

Cannabis is Nigeria's most popular illegal drug patronized or trafficked. The medication is
made in eastern Nigeria and is known as the "wee-wee" in the Cannabis Sativa plant.
The Nigerian pharmaceutical markets include "Weed," "Graze," "Kaya," "Ston,"
"Pot," "Ganja" and "Marocco," all of which are classified as cannabis. The
medication is very cost-effective and readily available as it is grown and
processed locally. Cannabis is exported and consumed in Europe and North
America, in addition to local consumption. Cultivation, cultivation, consumption
and export of cannabis is Nigeria's most important drug issue. This plant is mostly
cultivated on agricultural farms on the southern and middle belt areas of often up to
20 (20) hectares. Cannabis in the South West and South-South of Nigeria is
reportedly widely grown illegally. In 2013, 847,46 hectares of Cannabis
plantations were discovered and destroyed by the National Drug Law Enforcement
Agency (NDLEA). In 2014, a total of 4,529,15 hectares of Cannabis plantations was
discovered and destroyed by Operation Weed Eaters. In the area, 53,719,342,32
kilograms were killed by cannabis Sativa (NDLEA, 2014).In 2013, the
department also confiscated 205,373 kg of cannabis, while in 2014 it seized
158,852. Cannabis smugglers took 2 kilograms of cannabis. The implications of this
widespread illegal cannabis production are that the arable farms which are to
be used for food and cash are currently used for cannabis sativa cultivation. Thereby,
food security will be compromised and the food production and availability of
resulting food shortages and malnutrition will be diminished. In view of the
great amount of cannabis seizures and destruction each year, it is abundantly
clear that this medicine in Nigeria is the most commonly used illegal drug made,
trafficked, and consumed.

(ii) Cocaine

In some parts of Nigeria, cocaine is commonly called Charlie" and is a strong and strongly
manufactured Coca plant stimulant. The medication is a crystalline powder
with a salty, white flavour. Cocaine can be injected with intravenous sniffing,
smoked or administered. Different names like coconut, oja, smoke, cocktail, blow,
chunk and so on can be found on the Nigerian drug market. Cocaine is smuggled
from Colombia, Peru, Bolivia and Venezuela, Guynanas and Brazil into Nigeria from
South American countries, as well as Europe from Western Africa. This medication is
55
trafficked or transported to the nation through commercial flights. This is proved by
the recent carriage of illegal drug seizures in one of the marinas in Lagos by our
government. In West Africa, this is also called 'cocaine factory.' Such potent
derivatives are called crack, aside from cocaine. It is made of hydrochloride cocaine, dried
and split into small pieces called "crack" by a cracking sound as it is smoked. It is also known
as 'rock.' Nigeria's trade in both Cocaine and Crack in drug traffickers has resulted in major
arrests and seizures. The NDLEA registered a seizure of Cocaine in 2014 of 226,041 Kg and a
seizure of Cocaine in 2013 of 290,2 Kg. This shows that Nigeria has a big drug problem.

iii) Heroin

Heroin is an Opium poppy drug known as the "Paper Soniferium." Heroin is a drug.
The opiates are the morphine, opium, codeine, and thebaine. Heroin is the crystalline
powder which, depending on the extent of its purity, may be white, gray, brown or black in
colour. It can be ingested orally, sniffed, smoked or injected in pills, capsules, or liquids.
Names like "H," "Horse" and "White things" are provided for this medicine in Nigeria,
"Smack" for "Gbana," "Joy" for "powder," etc (NDLEA, 2008). Drug baron is lucky
in smuggling the medication not manufactured in Nigeria. Heroin is the source of
Golden Mint in India, Pakistan and Afghanistan, and in South West Asia in Myanmar,
Thailand and Laos in South- East Asia as well as in Golden Melting. Nigeria's drug
users are highly sought-after and funded. The NDLEA announced that the organization
carried out 24.53-kilogram heroin seizures during 2013 while 56,449-kilogram heroin
was confiscated in 2014. (NDLEA, 2014). Heroin is one of the most illegal drug
traffickers in Nigeria. Nigerian smuggling organizations from Afghanistan and Pakistan to
a wide range of parts of the USA, including the Ohio and New York region, are involved,
according to the Department of the United States.

iv)Amphetamine Type Stimulants

The stimulants are the synthetic stimulants like amphetamine, methamphetamine,

methcathinone, and ecstasy community substances Aamphetamine-type stimulants (e.g.,
MDMA and its analogues). ATS is predominantly transported by land-road smugglers from
Nigeria to many countries in West Africa, due to a free movement policy of the Economic
Group of West African States (ECOWAS). It is also claimed that Nigerian groups
42
contraband amphetamines overland in Benin (UNODC, 2012). In Nigeria,
have
methamphetamine is very new. But it's the strongest, most addictive and most deadly. It's as
strong as cocaine three times. That's why it is still overactive and impatient for those who are

42
UNODC, 2012. “Human Development Report, New York: Oxford University Press”.
56
to it. The drug known as poor man cocaine is white, sweet and bitter, which can dissolve
quickly in water or alcohol. It can be taken by mouth, smoking, or snoring. The
drug is generally referred to as 'Meth' or 'Paya' on the drug market. It has the potential to
enhance sexual and medical performance as a pain reliever. Japan, Malaysia, Thailand and
China are popular destinations for smuggling methamphetamines from Nigeria. As transit
countries for drugs to be trafficked into Japan, Egypt, France, Germany, the Netherlands and
Qatar were used. In other places Methamphetamine is trafficked mainly by air. Meth is less
expensive than cocaine or heroin in terms of street value. Because of their high profit
margin, drug barons pour more money into it. Maybe that explains why it is relatively easy
to locate. Now in clandestine laboratories in Nigeria, methamphetamine is made. The
first discovery was made in Lagos in 2011, and 11 underground methamphetamine
labs in Lagos and in Anambra were found and demolished until now. During the
operation criminal networks were actively involved in this illegal undertaking from Latin
America, such as Bolivia and Colombia. In Nigeria the use of its principal precursor,
ephedrine and other chemicals is carried out in the manufacture of methamphetamine.
NDLEA seized a total of 340,8 kilograms of methamphetamine in 2013, while in
2015 there were 410,82 kilograms of methamphetamine seizures (NDLEA, 2015).

v)Skonk And Combine

In various parts of Nigeria, Skonk and Combine are two substances widely obtained,
processed, purchased and sold. Skonk is a transformed hallucinogenic, depressives and illicit
medicinal Cannabis. It's more expensive and sweeter. It has no scent of cannabis and cannot
be seen or smelled easily. Typically, this medication is from Ghana. The combination is a
local name used to describe a mixture of relaxing psychoactive substances. In some parts of
Nigeria, this substance is normal. There are common names for the mixture of psychoactive
substances:

 SAMSUNG – which is a mixture of Cannabis and ogogoro, local gin distilled from
raffia palm
 SIEMEN- a mixture of Cannabis and Heroin
 NOKIA- a mixture of Cannabis and Cocaine
 SAGEM- a mixture of Cannabis, Cocaine, and Heroin

57
vi) Psychotropic Substances

These are naturally or synthetically active substances, which are able to stimulate or
depress the Central Nervous System and are internationally regulated. The 1971
Convention on Psychotropic Drugs includes certain substances. These medications
are controlled drugs, such as tramadol and codine-inhaled cough syrup, and cannot
be marketed without a prescription. The arrest and confiscation of NDLEA is often
carried out by chemists, patient and property dealers. Those persons are not allowed
to sell or store those psychotropic substances by statute, but are allowed to participate
in the narcotics trade because of their financial gain. The National Drug Law
Enforcement Agency (NDLEA) nationally confiscated vast amounts of these
substances. In 2013, NDLEA registered seizures of psychotropic drugs of 133,920
kilograms, while in 2014 the Agency confiscated 7,407,44 kilograms of psychotropics
(NDLEA, 2014).

ENTRY AND EXIT BARRIERS

The key element in the movement of their shipment by the drug barons is the entrance and
exit route. This is important, since it depends on the route to which these illegal drugs
travel from development to consumer nations. The drug traders know this and
prepare the best routes for passing their drugs to keep drug law enforcement agents
from being identified. Typically, Nigerian drug dealers visit Cocaine to South
America. They start their journey from Nigeria to South Africa and connect Brazil
where they enter South American countries of Columbia, Peru, and Bolivia to
purchase Cocaine (Adeniyi, 2016)43. According to Dambazau (1995)44Cocaine is native
to Latin America with transhipment points in Panama, Honduras, Costa Rica, El Salvador
and Nicaragua, especially in Columbia, Peru, Venezuela, Ecuador and Bolivia, and is
destined to United States and Canada at its ending. Cocaine from Columbia and Cannabis
Sativa (Marijuana) was trafficked to United States along the road to Mexico. The Cali and
Medellin Cartels and Gulf Cartels based in Mexico and Columbia are the dominant
organized crime syndicates on this route. The Northern Africa route from Columbia
to Morocco, Algeria and Tunisia is notorious for flowing heroin from turkey and cocaine
to Europe. Cocaine and heroin derive from Latin America, South East and West
Asia on the West African path, in the same vein. The major transit countries to the United
States and Europe on this route are Nigeria and Ghana. The Afro square, a
platform for
58

43
Adeniyi, K., 1993. The effects of drug abuse and illicit drug trafficking in Nigeria
44
Dambazau, A.B., 2007. “Criminology and criminal justice. Kaduna: Spectrum Books”.
traffickers and African drug barons, controls trade on that route, according to
Dambazau (2007). After the end of the apartheid rule, the South African route in that country
became popular. Today, the arrival of the democratic government is inundating the country
with a lot of counter band products, heroin and cocaine and cannabis. Unfortunately, it
is suspected that Nigerians lead the South African link. Nigerians have been reported to
dominate 90% of the South African drug market and, above all, have made the nation a
central transhipment point of the EU and the US drugs (Fobur, 2009) Nigerian drug
smugglers trade in heroin, before arrival in its final destination, are moved and smuggled
along various paths. As the major transportation routes for Heroin in Africa, Lafiaji (2004)
describes the following:

Lagos – Addis-Ababa – New Delhi (Return)

Lagos – Addis-Ababa – Karachi (Return)
Lagos – Addis-Ababa – Curacao-Karachi (Return)
Lagos – Amsterdam – New Delhi (Return)
Lagos – Johannesburg – New Delhi (Return)
Lagos – Kenya – Karachi (Return)
Amsterdam – Croatia – Nigeria (Return)
Croatia – Amsterdam – Abidjan – Nigeria.

The main suppliers of heroin are Nigerian drug traders from Afghanistan, Iran, and Pakistan
in South East Asia, as well as Myanmar, Thailand and Laos in South West Asia. The drugs
are subsequently taken to the consumer nations of the US and Western Europe.
Lagos is known and is seen in Nigeria as the world's best connecting flights. This explains in
part why Nigerians prefer the route to Lagos. Various types of drugs have been seized along
this path, such as heroin, cocaine, cannabis, methamphetamines and so on.

DRUG CONCEALMENT STRATEGIES

The modus operandi of concealment is another important factor in illicit drug

companies. Drogen traffickers design different ways and methods of concealing their
goods to defeat safety checks. NDLEA reports shows that drugs are covered by roasted
chicken slices, cans, kola nut cases and dry fish in a number of ways. The graved timbers,
wevone and screwed cylinders are other means of concealing. In pampers, photos, bodies and
coffins, boots, shoe boots, buttons, false bottom suitcases, fridge compressors, motor
replacement parts and the television set, traffickers also cover drugs. Among the well-
59
known means for concealing
illicit medicines, are yam tubers, brown broth, tomatoes and margarine tins, toothpaste tubes
and cooking stoves. Apart from all this, drug couriers have found themselves
concealing drugs through ingestion, swallowing, private part like the anus
common in women traffickers; stew or food inside, brazier, clothing linens, straps
and handbags, but their favourite concealment method is by ingestion. Many illegal
drugs were shipped through containers into Nigeria.

These medicines have been hidden in moulding machines, tiles, white cement and
cloth bails. Data from NDLEA available also indicate that illegal drugs are hidden in
stethoscopes, sewing threads, ceramic bottles and make-up bundles. Laptops, jewellery,
artifacts, coolers, and balloons are other methods of dissimulation. The destruction of claim
tags on the drug label is another trick now in vogue to make it hard to identify the owner
upon arrival. Such baggage will be left for a while unclaimed after arranging with contacts or
with accomplice of the airport to claim the baggage at a later date. Drug barons aren't
unstinting in their tricks and continue to initiate new concealment modes as law
enforcement agencies can detect them.

TRANSPORTATION OF ILLICIT DRUGS

In the illicit drug enterprise and directly connected to the road, the means of
transporting illegal drugs to retailers and end consumers are also essential. Drug barons
patronize the three major transport modes, namely, land, air, and water, in moving their
consignment. However, in moving drugs to European countries, the airspace is the largest
sponsored by drug barons. This is supported by the increasing number of drug traffickers
arrested at these airports in the media. In the movement of illicit drugs air transport is
preferred above another transport medium, because it is considered to be one of the three
transport modes in the world to be the quickest. Drugs are delivered to the destination
within a couple of hours. Analyzes of NDLEA data reveal that between 1999 and 2010,
80% of cocaine traffickers were arrested by aviation (NDLEA, 2010). Ethiopian Airline,
Etihad Airways, South African Airways, Qatar, and Turkish Airlines are among the airlines
most commonly used by drug barons. Arik, Air France, Kenya Airways, Roya Air Maroc,
Alitalia, Rwanda Air, Egypt Air, etc. are others. The most commonly used flight was
Ethiopian Airlines, with Emirate and Etihad Airlines respectively being followed by
couriers (NDLEA, 2014). Nevertheless, due to tighter and more robust security measures
at entrance and exit points in the majority of countries in the World, a combination of all
means of transport may be involved, but depending on the nature
60
of the route, due to the threat of drug trafficking. The point is that the transport network is
never permanent, but is extremely flexible, and that contingency measures involving alternate
routes and mode of transport are often sponsored. In the distribution and supply chain of its
products, drug traffickers also utilize land and sea. The NDLEA officials and other
sister security agencies routinely seize illegal drugs on land and in Nigeria borders. It is
usually transported in tankers, trailers, high duty trucks, supplier vans, bullion vans and
company vehicles by land. The drug most seized is cannabis. The illicit cultivation
and illegal manufacture of cannabis and methamphetamines in clandestine laboratories was
confiscated while transporting them from farms and processing centres to their destinations.
Unnoticed due to the vastness and porous nature of the Nigerian borders, illegal drugs
are easily trafficked in and out of the country. However, in certain entry and exit points in
which a close security network has existed, security agencies carried out remarkable
interception, arrest and seizures.

Furthermore, the waterways are another means of transport used by traffickers to and from
Nigeria in the movement of their cargo. Nigerian drug carriers have been smuggled through
the Tincan port and Apapa Warf in numerous cases worth millions of dollars. In 1994, heroin
weighing 48.3 kilograms, foreign ships were taken from Thailand in Nigeria, but detected at
Apapa port. It is registered by NDLEA. In 2001, another 60-kg cocaine consignment was
smuggled to Nigeria in the Tincan Island harbour of Lagos and intercepted by NDLEA. In
2011, in Tincan Island Port, Lagos concealed carefully packed in floor tiles, the
NDLEA made two cocaine interceptions weighing 165 kilograms and 110 kilograms
(NDLEA, 2011). Similarly, in 2012, in Lagos, Tincan Island Port (TCIP) the NDLEA
announced that it found and intercepted 113,49 kg of the heroin hidden in moulders (NDLEA,
2012). Recently, 576 kilograms of Ephedrine and Methamphetamines concealed inside
foodstuff in the container were detected and intercepted by NDLEA at Apapa Warf.
Recently, at Apapa Warf, the NDLEA has found and confiscated 576 kilograms of
Ephedrine and Methamphetamines, hidden in the food jar.

The shipments should be shipped to South Africa (NDLEA, 2012). “The desperation
of unscrupulous Nigerians to become rich fast shows by all these large quantities of
drugs confiscated at the seaport of the country. It is worth noting that smugglers have
always tended to move land and sea due to the bulky nature of cannabis.There are
instances of detection and interception of cannabis at the Mfum border in Cross River
Cameroon border at Ekok and also at the Seme and Idiroko borders with Benin Republic and
state with
61
in several other entry and exit points in Nigeria. In 2014, 6.3 kilograms of pure cocaine was
discovered and intercepted at Calabar Jetty by NDLEA, Cross River State Command
(NDLEA, 2015)”.45

CASE LAWS

1. CASE NAME: Mumtaz Ahmad vs. State of J and K

CITATION: MANU/JK/0058/2009
FACTS:On 30 January 2007, when he found 95 maize cob leaves, in plastic Bag, in a 'x.'
District Anantnag Kashmir, resident at Thanda PaddarZallar, Udhampur, carrying over
his shoulder, he had a duty as Head of the Constable along with police officers Rehambal at
the Check Post Garnai Bye Pass, in Naka, Naka, where he had found about 4 p.m.
Accordingly, in Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985,
the FIR case No. 14/07 was reported at the Police Station of Rehambal, in District
Udhampur, in the following paragraphs the "Act" for short, concerning the head of
the officer's study. The officer of the Station House confiscated 4.65 kg of material. For test
purposes, 100 gm has been removed from it. The remainder of the sample weighing approx.
4,65 kg was separately sealed.
ISSUE:
If the appellant's penalty is diminished, since it is one of the society's low strata?
JUDGEMENT:
The court shall set down, where appropriate by law, the minimum and maximum
punishment, the aggravating circumstances and the reasons for the awarding of
maximum penalty
justifying the award of the sentence to the individual convicted. The Prosecution has
no experience of the drug trade and all the testimony indicates that the appellant belongs to a
low
class of the industry. He's been found with Rs. At the time of his quest, four (Rs. 04) were
only with him.Given the lack of aggravating circumstances foreseen by the
prosecution
against the Appellant, as justified by the awarding of maximum penalty for an
offence convicted of, we conclude that the appellant's sentence must be reduced to twelve
years and
Rs 1.00 lakh's fine, in the circumstances of this case. The present appeal therefore reiterates,
pursuant to § 8/20 of Narcotics and Psychotropic Drugs Act, 1985, the appellant's conviction
62
but decreases the appellant's punishment to 12 years, with a fine of Rs.100 lakh, and a one-
year imprisonment default. This appeal is therefore resolved.
 2. CASE NAME: AJIT SINGH VERSUS STATE OF PUNJAB
CITATION: LNIND 2015 PNH 3429
FACTS: The fact of the prosecution is that on 6.9.2002, PW6 Kuldeep Singh
proceeded
alongwith PW5 ASI Karamvir Singh and other police officials in connection with search of
suspected persons at Rophti bridge. DW2 Ran Singh came on a scooter and remained there
chatting with PW6. At about 10.00 p.m. on the said day, PW6 received a
secret. Appellant/Accused in possession of poppy husk apprehended while unloading from
car. Trial Court convicted and sentenced Appellant. Appellant sought for reduction of
sentence.
ISSUE:
Whether Conviction and sentence passed against Appellant maintainable?
JUDGEMENT:
Held, there is no reason to disbelieve above evidence adduced by prosecution—Co-Accused
not arrested at scene of crime. Therefore, trial Court had doubted participation of co-accused
in crime under Section 15 of Act 1985. Appellant arrested at scene of crime itself. Seventy
kilograms of poppy husk had been recovered from spot by PW6 in presence of PW5
and
PW7. Therefore, benefit of doubt as extended to co-accused could not be extended to
Appellant. DW2 completely won over by Appellant and therefore, he has come out with plea
supporting Appellant that there no recovery in his presence. If he not at all concerned with
recovery of contraband there would have been no occasion for him to subscribe his signature
in recovery memo. Therefore, no hesitation to reject testimony of DW2.Secret information
received only to affect that contraband kept in open place after unloading from
vehicle.
Search of contraband and recovery of same also made only in open. Therefore, mandatory
provision under Section 42 of Act 1985 did not apply to facts and circumstances of
case.
Appellant found in possession of seventy kilograms of poppy husk which just above
commercial quantity. Therefore, reduction of sentence to 10 years R.I. of course, with fine
and default sentence imposed by trial Court would meet ends of justice. Judgment of
conviction recorded by trial Court against Appellant under Section 15 of Act 1985
stands
confirmed, but sentence of imprisonment imposed by trial Court reduced to 10 years R.I. Fine
63
amount and default sentence imposed by trial Court also stands maintained.
Appeal
3. CASE NAME: JAGJIT SINGH CHAHAL AND OTHERS VERSUS STATE
OF PUNJAB & OTHERS

CITATION: Criminal Miscelleanous Petition No. M-1815 of 2014

FACTS:
Petitioner along with his brother and their colleagues at two factories was involved
in
preparation of intoxicating drugs such as ICE and other contrabands. Judicial
Magistrate, First Class remanded Petitioner to police custody, various searches
and seizures were allegedly conducted at factories, residences and other premises of
Petitioner. These searches or seizures are claimed to be totally illegal for non-
information to Licensing Authorities vandalised premises and conduct of raid in
unauthorized manner and without associating Drug Licensing Authority or police.
Petitioner alleged false implication and prayed for re- investigation by Central
Bureau of Investigation (CBI)
ISSUES:
Whether Petitioners have been implicated solely to coerce them to bribe Police
Authorities? Whether implication of pharmaceutical manufacturers in NDPS cases is
ex-facie illegal?
JUDGEMENT:
Held, power to transfer or entrust investigation of case to agency like Central
Bureau of Investigation without consent of State Government indubitably vests
in High Court. Even
assuming that allegations of Petitioners are correct, it does not clothe the Petitioners with
any right to seek their discharge without facing trial. Veracity of allegations or
counter-
allegations can be determined only by Special Court after evidence is led by
parties. Petitioners allegations already re-examined by team of two officers who
are in rank of
Inspector General of Police and DIG. Ephedrine and its salts and Pseudoephedrine
and its salts are included in Schedule A and their manufacturing, distribution,
sale, purchase,
possession, storage or consumption including transportation shall carried out strictly as
per provisions contained in 2013 Order-Any contravention of such provisions directly
attracted
Section 9-A of Act - All questions of facts involved which can only be
64
adjudicated by Judicial Court on consideration of prosecution and defence
evidence. No exceptional
4. CASE NAME:PARAMJIT SINGH CHAHAL VERSUS STATE OF PUNJAB

CITATION: (2014 )175(2)PLR 329

FACTS:
Petitioner along with his brother who were running pharmaceutical units, arrested
for
possession of certain contraband goods as medicines against provisions of NDPS
Act. Petitioners resisted detention and claimed bail as they had proper licence to
possess said chemicals and they were not contraband goods and also investigation
against them was conducted in illegal manner.
ISSUE:
Whether Petitioners could be entitled to grant of bail as there was procedural illegalities
while conducting investigation against them?
JUDGEMENT:
Held, there was no dispute as regards pharmaceutical units of Petitioners as they
had all
appropriate licenses issued by Licensing Authorities under NDPS Act and as well as
under Drugs and Cosmetics Act. Photographic and CCTV evidences provided by
Petitioners proved that there was procedural lapses and lop-sided investigation on search
and seizure of goods from Petitioners. Also, Writ Petition regarding offence for
transfer of investigation to CBI was pending for adjudication before Court. None of
circumstances would justify non- disclosure of information by Petitioner about drug
racketing, addresses and names of his other connections in drug smuggling etc. Hence,
no reason to accept contention by State that Petitioner not co-operated with
investigation and that his custodial interrogation was necessary. Role of Petitioner
was not more serious or graver than his brother against whom charge-sheet has already
been filed. Petitioners had no past history regarding involvement in any violation of
NDPS Act nor doubted on authenticity of licenses issued to him regarding pharmaceutical
units. A seized substance from possession of Petitioners was controlled substances
in terms of Section 9A of NDPS Act and alleged offence relating thereto was
punishable under Section 25A, but Petitioner was wrongly charged under Section
37 of NDPS Act. Court inclined to exercise its discretion and allowed bail
applications. Petition Allowed.

65
5. CASE NAME:HARPAL SINGH ALIAS RAJU AND OTHERS
VERSUS NARCOTICS CONTROL BUREAU, CHANDIGARH
CITATION: LNIND2016 PNH 6033
FACTS:
Appellant-accused allegedly possessed contraband and were charge sheeted under sections
8, 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act. Trial
Court convicted
Appellant for offences punishable under section 21 (C) and 29 of the Act.
ISSUE:
Whether confession made under section 67 of the Act is sufficient to prove guilt of
accused?
JUDGEMENT:
Held, mere fact that there is difference of 1.4 grams is no ground to hold that sample was
tampered with. It could be human error. Unless it is found that case property was
tampered
with, no benefit can be extended to accused. Accused have not retracted from statement
made under section 67 of the Act. Investigating Officer and recovery witnesses were
examined and
their evidence coupled with confession made under section 67 of the Act is
sufficient to prove guilt of Appellant-accused. Guilt of both Appellant proved
beyond all reasonable
doubts. Appeal Dismissed.

6. CASE NAME:JARNAIL SINGH VERSUS THE STATE OF HARYANA

CITATION:LNIND 2015 PNH 4487
FACTS:
Raid was conducted at house of Appellant/accused. Investigating Officer conducted
search of
bags and found that same contained contraband. Appellant was charge
sheeted for committing offence punishable under Section 15 of Act.
ISSUE:
Whether prosecution successfully proved case against Appellant beyond reasonable
doubt?
JUDGEMENT:
Held, receipt of secret information was enough for police to swing into action. It
was not 66
necessary for police before registration of case of recovery of contraband, to collect
evidence regarding customers. DW-1 did not support prosecution case, he was not
time of raid, Appellant was found present in house. There was no evidence to show that there
was any other male member living in that house. Appellant was said to be in
conscious possession of recovered bags of contraband. Impugned order upheld. Appeal
Dismissed.

CONCLUSION

The relationship between Drug Trafficking and crime is very complex. Crime may be
correlated with narcotics (persons who use and commit drug-related crimes) and drug-defined
crime (offences in which an individual produce, manufacture, transport and sell drugs). Drug
abusers are now more likely than narcotics abusers to commit crime. Terrorists group commit
crimes like drug smuggling, trafficking in human beings and buying guns with the
money produced. Drug trafficking has substantial consequences for society. Drug
misuse and smuggling can be a huge family cause. Drug misuse also has a significant
effect on well- being. Different medications have harmful health effects, and often
prescription overdose can also result in death. In the drug injectors, AIDS is the most
common problem. Most crimes are committed when a drug abuser commits offenses like the
theft to pay for the purchase of drugs to meet his needs. Students are still victims of substance
addiction in many countries and impair their academic abilities. They also form their own
groups to raise drug money.

India is one of the few countries worldwide in which drugs are made, imported, sold in and
outside the country, processed and diverged both for use within and outside the country of the
illegal drug industry and for trafficking. These trends provide the underworld with
major business opportunities. According to information given to UNODC, most gangs
have a department specializing in the manufacturing and distribution of narcotics.

67
BIBLIOGRAPHY AND REFERENCES
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United Nations Office on Drugs and Crime, World Drug

Report, Available at
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SMUGGLING IN INDIA REPORT 2019-2020,
Available at
http://dri.nic.in/writereaddata/dri_report_dat_1_12_20.pdf

Books

Trevor Bennett & Kathy Holloway, Drug-Crime Connections,

Cambridge University Press Publications, 2007
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Jeremy Haken, Transnational Crime In The Developing World,
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Research Paper on Brazil, China, India and Mexico,” UNESCO, 2002, Part 1: Drug
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 Tappan, P. (1947). Who is the criminal? , American Sociological Review, 12, 96–112
 AnchaleeSinghanetra-Renard, "Socio-economic and political impact of
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Websites

 https://www.unodc.org/unodc/en/data-and-analysis/statistics/data.html
 National Council on Alcoholism and Drug Dependence, Alcohol, Drugs and Crime,
Available at https://ncadd.org/about-addiction/alcohol-drugs-and-crime

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