Introduction

DRUG TRAFFICKING :-

DRUG TRAFFICKING is the most heinous and yet the most lucrative crime today which has engulfed
almost every part of the world. Drug crimes have not only affected the society but even established
some governments and affected the money supply and exchange markets. No nation can afford the illeffects of drug crimes. Over the last two decades, the problem has assumed menacing proportions and
intense concern has been demonstrated by the world community. Every nation has taken steps to fight
the drug menace by taking legal, administrative and preventive measures. Problem is also being
tackled by social means by building awareness, counseling, treatment, rehabilitation of drug addicts,
etc. India, geographically is flanked by Golden Crescent and Golden Triangle - the two main sources of
opiates in the world - and Nepal, which is the major source of cannabis. Thus, over the years, India
emerged as a major transit country for the movement of narcotic drugs from these areas to other
parts of the world. The problem assumed alarming proportions somewhere in early eighties.
Consequently, steps were taken by the Indian Government to meet this challenge and as a first
measure, the*Narcotic Drugs & Psychotropic Substances Act, 1985*, also known in short as *NDPS Act*,
was enacted by repealing the erstwhile laws. Under the NDPS Act, no person can cultivate coca plants,
opium poppy and cannabis plants or extract opium, charas and ganja from such plants. The production
of opium derivatives such as morphine, heroin and other intoxicating psychotropic substances, except
for medical or scientific purposes, is a crime. Possession of these drugs and trafficking for commercial
gains in such drugs is also a crime. Any person committing such offences can be punished with
imprisonment ranging from*ten to thirty years* and also* fined from rupees one lakh to three lakhs*.
To make the law more deterrent and to further strengthen the hands of enforcement agencies, the
*Prevention of illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988* was brought in,
under which the drug traffickers can be detained for a period of one to two years so as to prevent
them from indulging in such illegal activities. To make a real dent in these activities and also to give a
final blow, further amendment was made in the Act to provide for the forfeiture of the properties
from earnings related to drug crimes which became operative in 1989. This amendment also brought
in the provisions to award death sentences in certain categories of drug offence. A new Chapter V-A
was incorporated in the Act, which provides for tracing, identifying, seizing/freezing and forfeiture of
the movable and immovable properties acquired from ill gotten funds by the drug traffickers. The aim
apparently is to paralyze and prevent them from indulging in the nefarious activities. This Chapter
contains Sections 68-A to 68-Z Under this chapter, the properties of only three types of offender can
be forfeited who: (a) have been convicted for an offence under NDPS Act, punishable with
imprisonment for a minimum term of 10 years or more (b) convicted abroad for similar offences. (c)
or against whom an order of detention under NDPS Act, 1985 made. The Act also provides for
forfeiture of illegally acquired properties of the drug traffickers held in the names of their*relatives,

associates or even friends and servants. * The forfeiture of the properties acquired out of the
earnings from drug related crimes can be ordered by a *Competent Authority*,who is appointed by the
government under*Section 68-D* of the NDPS Act for this purpose. Powers have been given to the
Officers of the Departments of Police, Customs, Central Excise, Border Security Force, Revenue
Intelligence, Narcotics Control Bureau etc. to investigate and inquire into the drug offences and
enforce the provisions of NDPS Act. under *Section 53* thereof. These Officers have also been
empowered under *Section 68-E* to take all the steps necessary for tracing and identifying any
property illegally acquired by drug trafficking. If there is reasonable belief that any such property is
illegally acquired, then the some can be seized or frozen by the enquiry officers under*Section-68-F*
of the Act. However such an order of seizing or freezing of the illegally acquired property shall be
communicated to the Competent Authority *within 48 hours* of its being made. further, which an
order will have effect only when it is confirmed by the Competent Authority by an order *within 30
days* of its being made. Thereupon, the Competent Authority will initiate the forfeiture proceeding
under *Section 68-H & 68 I* of the said Act. For the successful culmination of the forfeiture provisions,
it is imperative that the Central and State enforcement agencies implementing the provisions of NDPS
Act, while dealing with such cases, take simultaneous action to identify and locate the illegally
acquired properties by the traffickers as well as their relatives and associates, right from the time
intelligence is collected in respect of drug trafficking and gather all relevant details relating thereto
at that stage itself. It is also essential that in the course of investigation, all possible evidence and
material is collected to establish a prima facie nexus between the properties in the hands of relatives
and associates with the illegal earnings of the drug traffickers. On completion of the investigation, a
report should immediately be sent to the Competent Authority.
.

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT 1985

An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for
the control and regulation
of operations relating to narcotic drugs and psychotropic substances to provide for the forfeiture of
property derived from,
or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of
the International
Convention on Narcotic Drugs and Psychotropic Substances and for matters connected therewith. Be it
enacted by Parliament in
the Thirty sixth Year of the Republic of India as follows:

PRELIMINARY

1. Short title, extent and commencement

.-

(1) This Act may be called the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2) It extends to the whole of India and it applies also-

(a) to all citizens of India outside India;

(b) to all persons on ships and aircrafts registerd in India. Wherever they may be.

(3) It shall come into force on such date as the Central Government may, by notification in the

Official Gazette, appoint, and different dates may be appointed for different provisions of this Act

and for different States and any reference in any such provision to the commencement of this Act

shall be construed in relation to any State as a reference to the coming into force of that provision

in that State .

Authorities And Officers

Subject to the provisions of this Act, the Central Government can take all such measures as it deems
necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and
psychotropic substances and the illicit traffic. These measures include with respect to all or any of
the following matters, namely
coordination of actions by various officers, State Governments and other authorities under this Act, or
under any other law for the time being in force in connection with the enforcement of the provisions
of this Act.
obligations under the International Conventions.
assistance to the concerned authorities in foreign countries and concerned international organizations
with a view to facilitating coordination and universal action for prevention and suppression of illicit

traffic in narcotic drugs and psychotropic substances; (d) identification, treatment, education, after
care, rehabilitation and social re-integration of addicts.
such other matters as the Central Government deems necessary or expedient for the purpose of
securing the effective implementation of the provisions of this Act and preventing and combating the
abuse of narcotic drugs and psychotropic substances and illicit traffic therein.
The Central Government may also by order, published in the Official Gazette, constitute an authority
or a hierarchy of authorities by such name or names as may be specified in the order for the purpose
of exercising such of the powers and functions of the Central Government under this Act and for
taking measures with respect to such of the matters referred to above as may be mentioned in the
order, and subject to the supervision and control of the Central Government and the provisions of
such order, such authority or authorities may exercise the powers and take the measures so
mentioned in the order as if such authority or authorities had been empowered by this Act to exercise
those powers and take such measures.
5. Officers of the Central Government
The Central Government appointed a Narcotics Commissioner under this section of the Act, and may
also appoint such other officers with such designations as it thinks fit for the purposes of this Act. The
Narcotics Commissioner shall, either by himself or through officers subordinate to him, exercise all
powers and perform all functions relating to the superintendence of the cultivation of the opium
poppy and production of opium and shall also exercise and perform such other powers and functions
as may be entrusted to him by the Central Government. The appointed officers are subject to the
general control and direction of the Central Government, or, if so directed by that Government, also
of the Central Board of Excise and Customs or any other authority or officer.
6. The Narcotic Drugs and Psychotropic Substances Consultative Committee
The Central Government may constitute, by notification in the Official Gazette, an advisory
committee to be called "The Narcotic Drugs and Psychotropic Substances Consultative Committee"
(hereafter in this section referred to as the Committee) to advise the Central Government on such
matters relating to the administration of this Act as are referred to it by that Government from time
to time. The Committee shall consist of a Chairman and such other members, not exceeding twenty,
as may be appointed by the Central Government. The Committee shall meet when required to do so
by the Central Government and shall have power to regulate its own procedure. The Committee may,
if it deems it necessary so to do for the efficient discharge of any of its functions, constitute one or
more sub-committees and may appoint to any such sub-committee, whether generally or for the
consideration of any particular matter, any person (including a non-official) who is not a member of
the Committee. The term of office of, the manner of filling casual vacancies in the offices of and the
allowances, if any, payable to, the Chairman and other members of the Committee, and the
conditions and restrictions subject to which the Committee may appoint a person who is not a
member of the Committee as a member of any of its sub-committees, shall be such as may be
prescribed by rules made by the Central Government.
7. Officers of State Government

The State Government may appoint such officers with such designations as it thinks fit for the
purposes of this Act. The appointed officers are subject to the general control and direction of the
State Government, or, if so directed by that Government, also of any other authority or officer.