Vol 3 Issue 4 May 2013 Impact Factor : 0.

2105
ORIGINAL ARTICLE

ISSN No : 2230-7850

Monthly Multidisciplinary Research Journal

Indian Streams Research Journal

Executive Editor Ashok Yakkaldevi

Editor-in-chief H.N.Jagtap

IMPACT FACTOR : 0.2105 Welcome to ISRJ RNI MAHMUL/2011/38595 ISSN No.2230-7850 Indian Streams Research Journal is a multidisciplinary research journal, published monthly in English, Hindi & Marathi Language. All research papers submitted to the journal will be double - blind peer reviewed referred by members of the editorial Board readers will include investigator in universities, research institutes government and industry with research interest in the general subjects.

International Advisory Board

Flvio de So Pedro Filho Federal University of Rondonia, Brazil Hasan Baktir Mohammad Hailat English Language and Literature Dept. of Mathmatical Sciences, University of South Carolina Aiken, Aiken SC Department, Kayseri Kamani Perera 29801 Regional Centre For Strategic Studies, Sri Ghayoor Abbas Chotana Lanka Department of Chemistry, Lahore Abdullah Sabbagh University of Management Sciences [ PK Engineering Studies, Sydney Janaki Sinnasamy ] Librarian, University of Malaya [ Anna Maria Constantinovici Catalina Neculai Malaysia ] AL. I. Cuza University, Romania University of Coventry, UK Romona Mihaila Spiru Haret University, Romania Delia Serbescu Spiru Haret University, Bucharest, Romania Anurag Misra DBS College, Kanpur Titus Pop Ecaterina Patrascu Spiru Haret University, Bucharest Loredana Bosca Spiru Haret University, Romania Fabricio Moraes de Almeida Federal University of Rondonia, Brazil George - Calin SERITAN Postdoctoral Researcher Horia Patrascu Spiru Haret University, Bucharest, Romania Ilie Pintea, Spiru Haret University, Romania Xiaohua Yang PhD, USA Nawab Ali Khan College of Business Administration

Editorial Board
Iresh Swami Pratap Vyamktrao Naikwade ASP College Devrukh,Ratnagiri,MS India Ex - VC. Solapur University, Solapur R. R. Patil Head Geology Department Solapur University, Solapur Rama Bhosale Prin. and Jt. Director Higher Education, Panvel Salve R. N. Department of Sociology, Shivaji University, Kolhapur Govind P. Shinde Bharati Vidyapeeth School of Distance Education Center, Navi Mumbai Chakane Sanjay Dnyaneshwar Arts, Science & Commerce College, Indapur, Pune N.S. Dhaygude Ex. Prin. Dayanand College, Solapur Narendra Kadu Jt. Director Higher Education, Pune K. M. Bhandarkar Praful Patel College of Education, Gondia Sonal Singh Vikram University, Ujjain Rajendra Shendge Director, B.C.U.D. Solapur University, Solapur R. R. Yalikar Director Managment Institute, Solapur Umesh Rajderkar Head Humanities & Social Science YCMOU, Nashik S. R. Pandya Head Education Dept. Mumbai University, Mumbai

Alka Darshan Shrivastava G. P. Patankar S. D. M. Degree College, Honavar, Karnataka Shaskiya Snatkottar Mahavidyalaya, Dhar Maj. S. Bakhtiar Choudhary Director,Hyderabad AP India. S.Parvathi Devi Ph.D.-University of Allahabad Rahul Shriram Sudke Devi Ahilya Vishwavidyalaya, Indore S.KANNAN Ph.D , Annamalai University,TN Satish Kumar Kalhotra

Awadhesh Kumar Shirotriya Secretary, Play India Play (Trust),Meerut Sonal Singh
Address:-Ashok Yakkaldevi 258/34, Raviwar Peth, Solapur - 413 005 Maharashtra, India Cell : 9595 359 435, Ph No: 02172372010 Email: ayisrj@yahoo.in Website: www.isrj.net

Indian Streams Research Journal

Volume 3, Issue. 4, May. 2013

ISSN:-2230-7850 ORIGINAL ARTICLE

Available online at www.isrj.net

DRUG ABUSE AND THE ROLE OF LAW ENFORCEMENT

G.S.VENUMADHAVA AND SANJEEVA N.ALUR Assistant Professor & Co ordinator Department of criminology & Forensic Science , Karnatak University ,Dharwad. M.A ( Criminology & F.SC) L.L.B .Karnatak University Dharwad.

Abstract: In the psychological and sociological contexts, drug is a term for habit forming substance which directly affects the brain or nervous system. More precisely, it refers to any chemical substance which affects bodily function, mood, perception or consciousness which has potential for misuse, and which may be harmful to the individual or the society (Jullian 1977) In terms of this definition, the frequent use of drug is considered so dangerous and some times even immoral and anti social that it arouses a variety of indignant and hostile sentiments on the part of general public. Drug abuse may be perceived both as aberrant behavior and as a social problem. In the former sense, it is regarded as an evidence of individuals social maladjustment: in the latter sense it is viewed as a wide spread condition that has harmful consequences for society 'Drug abuse' is the use of illicit drug or misuse of legitimate drug resulting into physical or psychological harm. It includes smoking ganja or hashish, taking heroin or cocaine or LSD, injecting morphine and so for. These are sometimes referred to as being high on speed or trip or getting kicks. In India drug addiction is spreading like wild fire as could be seen from the fact, drugs smuggled even dead bodies !! The supreme court of India, in Dawood Lama's case confirmed the conviction of accused, a foreign national under the prevention of illicit Traffic in Narcotic Drugs & psychotropic substances Act 1988 and sentenced him to 10 years rigorous imprisonment and to pay a fine a fine of Rs. 1 Lakh. The main policy under laying the Act is prohibit supply and distribution (trafficking) of prohibited drugs, for which minimum sentence of 10 years which may extend to 20 years with minimum fine of rupees 1 lakh and maximum up to 2 lakhs has been prescribed. The Act makes no distinction between a drug addict and a drug trafficker in respect of punishment except under sections 27 & 64. KEYWORDS: Substance Misuse Behavior Police Investigation . INTRODUCTION: The main elements involved in the fight against drug abuse and its illicit trafficking are; The prevention and reduction of illicit demand, the control of supply, action against illicit trafficking, treatment and rehabilitation. Drug abuse control calls for the participation of many branches of the national government
Title :DRUG ABUSE AND THE ROLE OF LAW ENFORCEMENT Source:Indian Streams Research Journal [22307850] G.S.VENUMADHAVA AND SANJEEVA N.ALUR yr:2013 vol:3 iss:4

DRUG ABUSE AND THE ROLE OF LAW ENFORCEMENT

machinery- Legislative organs, authorities concerned with public health, the judiciary, law enforcement: sectors in which the government exercises responsibilities, etc Following the UN's single convention, 1961 and the UN convention on psychotropic substances, 1971 and being a party to both, India enacted a powerful statute known as Narcotic drugs and psychotropic substances Act, 1985 (NDPS Act- 1985) An officer empowered under section 53 of the NDPS Act, 1985 gets the powers of an officer- incharge of a police station while investigating a cognizable offence with limited powers for the purpose of specific offences under the Act. Chapter V of NDPS Act, 1985 lays down the 'procedure' to be following in investigation, in drug cases, elaborating inter alia, warrant and authorization, power of entry, search, seizure, and arrest without warrant or authorization. DEVELOPING INFORMATION & HANDLING INFORMERS: Anyone who supplies information to an investigating officer is an informant. Any person is capable of being an informant and falls into one of tree general categories; public- spirited citizens, Eccentric or nuisance-individuals, Criminal informers. CONTROL OF DRUG ABUSE: The demand for drugs comes from large number of addicts and habitual abusers in many parts of the world, and its stimulates both production and illicit traffic. To diminish demand addicts and abusers must be treated and reintegrated as productive members of the society. The Second ACPO meeting, Beijing, recommended the following, Active Co-operation between governmental and Non-governmental organizations, community based care for Drug Abuse prevention (NCDAP) New Delhi, as an apex institution for training, research and development Established 8 Regional Resource and training centers (RRTCS) Profiling of drug addicts for drug addicts for future planning, projecting the future tasks. Control Awareness Assistance and counseling centers. De-addiction and Rehabilitation Centers, organizing de-addiction camps, Awareness Generating Programmes. Article 47 of the constitution of India contains a mandate relating to policy of prohibition. It costs a duty on the union and the states to initiate adequate measures to implement this directive principle for improvement of public health. (Indian Constitution) In India drug addiction is spreading like wild fire as could be seen from the fact, drugs smuggled even dead bodies !! The supreme court of India, in Dawood Lama's case confirmed the conviction of accused, a foreign national under the prevention of illicit Traffic in Narcotic Drugs & psychotropic substances Act 1988 and sentenced him to 10 years rigorous imprisonment and to pay a fine a fine of Rs. 1 Lakh. The main policy under laying the Act is prohibit supply and distribution (trafficking) of prohibited drugs, for which minimum sentence of 10 years which may extend to 20 years with minimum fine of rupees 1 lakh and maximum up to 2 lakhs has been prescribed. The Act makes no distinction between a drug addict and a drug trafficker in respect of punishment except under sections 27 & 64 A of the Act. DEPARTMENT RECORDS: Offense reports: files in general records. These are the initial reports filed by responding offices; include reports of minor incidents and actual offenses. Investigative follow-up records: contain all information recoded during any follow-up investigation based on offense or incident reports. Arrest records: completed at time of arrest, these may contain details concerning residence, employment, or some other matter that can assist an investigation. Field interrogation reports: relatively informally records: contain information about minor or incidental activity of patrol officers and name of person stopped and location of conversation. MO files: contain detailed description of characteristic patterns of criminal activity. Identification photographs: provide personal appearance of suspect. Fingerprint files: provide final identification check. File may include criminal history and personal details. Warrant file: names of persons for whom warrants have been issued, date, offense, subsequent action. Juvenile records: maintained separate from general arrest records; include types of violation cited, name of person, time and place of violation, vehicle involved. Traffic records: similarly maintained apart from the general records; include types of violation cited, name of person, time and place of violation, description of vehicle. (Lyman 2002)

Indian Streams Research Journal Volume 3 Issue 4 May 2013

DRUG ABUSE AND THE ROLE OF LAW ENFORCEMENT

UNDERCOVER OPERATIONS: Unlike many criminal offenses, drug violations usually occur between two entities (i.e., organizations, groups, or individuals) Parties, therefore, will attempt to keep their activities secret, which may necessitate the use of an undercover operative (police agent or informant) to infiltrate such groups. The purpose of the undercover operation is to: Obtain information on locations associated with criminal activity Obtain evidence for prosecution Determine if a crime is being committed Identify people involved in criminal activity Prove association between conspirators Identify witnesses and informers Verify reliability of informers Locate contraband and stolen property Determine most advantageous time to make arrests or execute search warrants. UNDERCOVER INVESTIGATIVE TECHNIQUES The undercover assignment begins with the officer assuming a false identity. This is done by first establishing a cover story. The cover story is the back ground and history of the new character who the officer is going to portray. It is usually a non complicated array of facts, compiled of both truth and fiction. Specifically, it includes the fictitious name used, the town that the character is reputedly from, and the profession in which the character supposedly in involved. For the undercover identity to be effective, if must also be supported by documentation. The documentation must include both official and personal effects needed to verity his or her cover story. Each document must be in the assumed name of the officer's character. The officer's undercover identification can include: Driver's license Automobile registration Medical and dental records Employment records and identification cards Police records Credit information Military identification cards Life insurance records Magazine subscriptions Marriage certificate. Etc (Bagchi-2005) Tackling drug markets: multi component strategies Programmes to reduce and control the supply side as well a range of action to reduce the demand. Action by the police Action against the middle level dealers / importers. High profile operations targeting areas and key houses offering comprehensive sweeps that act against local networks of supply. Increasing visibility and local presence of police in key locations making criminal activity less likely. Ongoing continuing activity against individual suppliers, based on gathering intelligence from sources and test purchase and surveillance. High profile multi-agency approaches in which crime prevention approaches and various to reduce opportunities with licensing authorities. The above actions help make major in roads into the local supply network and tackle supply at the lowest tier.

Indian Streams Research Journal Volume 3 Issue 4 May 2013

DRUG ABUSE AND THE ROLE OF LAW ENFORCEMENT

ACTION BY OTHERS Drug Action Teams and Crime and Disorder partnerships have a wide range of actions to tackle local supply. These include; Action to control the behavior of individuals in their housing enforcement. Action to regenerate socially disadvantaged communities. Action to impact on and reduce street behavior that relates to drugs. Robust action to manage public spaces where supply is problematic. Such actions are focused on pubs and clubs. CONCLUSION The modern processes of development have opened the flood gates of offences and drug offences are no exception to this global phenomenon. It hardly needs to stressed that drug- addiction is the off shoots of modern fast changing social patterns, hence this problem should be tackled in the social legal perspective. Then only concrete results may be possible. Intensive surveillance on the border check posts and awareness among the public about the evil effects of drug addiction have brought about a decline in drug trafficking in recent years. REFERENCE: 1.Ahuja Ram (1997) 'Social Problems in India Rawat publications Jaipur & New Delhi. 2.Bagchi Debasis (2005) Narcotic Drugs and Substance Abuse convention and Laws. 3 volumes Gyan publishing House New Delhi-110002. 3.Jullion Joseph (1977) 'social problems' printice Hall New Jercy. 4.Lyman Michad (2002) 'Criminology investigation' Printice Hall New Jercy. 5.Narcotic and psychotropic substance Act-1985. 6.Paranjape N.V (1996) 'Criminology and Penology' Central Law publications Allahabad. 7.Srivatsava S.S (2007)Criminology and Criminal Administration Central Law Agancy Allahabad.

Indian Streams Research Journal Volume 3 Issue 4 May 2013

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