Measures to combat Drug Trafficking

For reducing the supply and demand for drugs into the country, the government deemed it necessary to enact domestic laws that would be stringent enough to deter the organised gangs of drug smugglers; that would allow concerned agencies to investigate and prosecute drug related offences; that would strengthen the existing cartel control over drug abuse and; that would enable India to fulfil its obligations towards international treaties and conventions that it has signed against narcotics drugs and their trafficking. Accordingly, the Narcotics Drugs and Psychotropic Substances Act (NDPS) was enacted in 1985. Under this act, cultivation, manufacturing, transportation, export and import of all narcotics drugs and psychotropic substances is prohibited except for medicinal and scientific purposes and as authorised by the government. A minimum punishment of ten years rigorous imprisonment and a fine of Rs. one lakh extendable to 20 years of rigorous punishment and a fine of Rs. two lakhs is handed to persons caught possessing ‘small to commercial quantities' of drugs. In case of repeated offence, the Act provides for a minimum of 15 years and a fine of Rs.1.5 lakhs and if extended it would go up to 30 years with a fine of Rs. three lakhs. Death penalty is mandated for the second offence. The act also provides for the detention of any person for more than two years in areas categorised by it as ‘highly vulnerable'. The NDPS Act also provides for forfeiture of property acquired through illicit trafficking of drugs. Under the NDPS Act, a number of persons have been persecuted and sentenced to rigorous imprisonment and their properties confiscated. In fact, in a number of cases special courts have served death penalties to persons found guilty of possessing drugs for the second time. For example, in 2003, a Nigerian was served death penalty after he was convicted of drug trafficking. Similarly in December 2007, a special court had awarded death penalty to Ghulam Malik after he was convicted the second time for drug trafficking. Incidentally, in both the cases the high court overturned their death sentences to imprisonments (Bombay High Court, January 6, 2011). More recently on January 2012, another person was sentenced to death by a lower court in Chandigarh (The Times of India, January 29, 2012). Now it is to be seen if this order also will be overturned by higher courts and if such overturning of judgments emboldens drug traffickers. In addition, the government of India has also enacted the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act in 1988, which allows detention of persons suspected to be involved in illicit trafficking of drugs (shah). Besides, a few sections of the Customs Act of 1962 are implemented for curbing the illicit export of precursor chemicals. Under the Act, acetic anhydride has been declared as ‘specified item' to check its illegal export and detection in the border states of Arunachal Pradesh, Nagaland, Manipur and Mizoram. Also, a 100 km belt along the Myanmar border in these states has also been declared as ‘specified area' under the Customs Act of 1962 to curb any illegal export of acetic an hydride. The enactment of various legislations has indeed provided the government with the means to achieve the twin goals of reduction in drug supply and demand. While many drug traffickers have been prosecuted and sentenced under the under the NDPS Act, drug trafficking has contradictorily, registered an increasing trend. It shows that mere enactment of laws is not enough. For combating drug trafficking, it is necessary to successfully investigate and prosecute all drug related offences. Furthermore, proper licensing and strict vigilance is required to ascertain that there is neither illegal cultivation of poppy nor any diversion of opium to manufacture heroin. Since de-addiction and rehabilitation of drug dependants require innovative and sustained involvement, the government is assisted by a number of voluntary organisations. These voluntary organisatons complement the government's efforts in the prevention and control of drug abuse by spreading awareness about the destructive effects of drugs in the communities, as well as by assisting in de-addiction treatments and reintegration of drug dependants into the societal mainstream. Since these NGOs have the required expertise and ground knowledge about drug abuse, they advise and work closely with governments. Under state-community partnership scheme, 361 voluntary organisations are running 376 De-addiction-cum-Rehabilitation Centers and 68 Counselling and Awareness Centers all over the country with active support from the government.The Federation for Indian NGOs (non-governmental organisations) in Drug Abuse Prevention (FINGODAP) facilitates intense interactions among various NGOs to share their expertise and ensure better service for reduction of drug dependency. These voluntary organisations, through various programmes like detoxification and de-addiction, rehabilitation and reintegration, outreach, awareness and education, sensitisation and intervention, extended care and livelihood generation, have been quite effective in reducing the demand and abuse of drugs in the country.