“Importance of Narcotics Control Bureau (NCB)” By Alok Kumar

Author: Alok Kumar Palai, 3^rd Year LLB

The National Policy on Narcotic Drugs and Psychotropic Substances is based on the Directive Principles, contained in Article 47 of the Indian Constitution, which direct the State to endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drugs injurious to health. The government’s policy on the subject which flows from this constitutional provision is also guided by the international conventions on the subject.

India is a signatory to the single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol, the Conventions on Psychotropic Substances, 1971 and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.

The broad legislative policy is contained in the three Central Acts, viz. Drugs and Cosmetics Act, 1940, The Narcotic Drugs and Psychotropic Substances Act, 1985, and The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The responsibility of drug abuse control, which is a central function, is carried out through a number of Ministries, Departments and Organisations. These include the Ministry of Finance, Department of Revenue which has the nodal co-ordination role as administrator of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

The Narcotic Drugs and Psychotropic Substances Act, 1985 which came into effect from the 14th November, 1985 made an express provision for constituting a Central Authority for the purpose of exercising the powers and functions of the Central Government under the Act.

In presence of this provision, the Government of India constituted the NARCOTICS CONTROL BUREAU on the 17th of March, 1986.

 Role and functions of the Narcotics Control Bureau:

The Narcotics Control Bureau was created in March 1986 in terms of Section 4 (3) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which envisages an authority for taking measures with respect to such matters under the Act as may be specified by the Central Government, subject to the supervision and control of the Central Government. The notification dated 17-3-1986 constituting the NCB sets out the following charter for the Bureau:

1. Coordination of actions by various officers, State Governments and other authorities under the principal Act, the Customs Act, 1962, the Drugs and Cosmetics Act, 1940 and any other law for the time being in force in connection with the enforcement of the principal Act.
2. Implementation of the obligations in respect of counter-measures against illicit traffic under various international conventions.
3. 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.
4. Coordination of actions taken by the Ministry of Health and Family Welfare, the Ministry of Welfare and other concerned Ministries, Departments or Organisations in respect of matters relating to drug abuse.

DRUG CONTROL STRATEGY AND POLICY:

The Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) sets out the statutory framework for drug law enforcement in India. This Act consolidates the erstwhile principal Acts, viz. the Opium Act 1857, the Opium Act 1878 and the Dangerous Drugs Act, 1930. The NDPS Act also incorporates provisions designed to implement India’s obligations under various International Conventions. Certain significant amendments were made in the Act in 1989 to provide for the forfeiture of property derived from drug trafficking and for control over chemicals and substances used in the manufacture of narcotic drugs and psychotropic substances. In order to give effect to the statutory provisions relating to these substances, an order, namely the N.D.P.S. (Regulation of Controlled Substances) Order, was promulgated by the Government of India in 1993 to control, regulate and monitor the manufacture, distribution, import, export, transportation etc of any substance which the Government may declare to be a ‘controlled substance’ under the Act. The statutory regime in India consequently covers drug trafficking, drug related assets as well as substances which can be used, in the manufacture of narcotic drugs and psychotropic substances. Some further amendments were incorported in the NDPS Act in 2001, mainly to introduce a graded punishment.

The primary counter narcotics focus areas in India includes: –

1. Surveillance and enforcement at import points and land borders.
2. Preventive and interdiction efforts along the known drug routes.
3. Control measures at export points, such as air-passenger terminals, cargo terminals and foreign post offices.
4. Improved co-ordination between the various drug law enforcement agencies.
5. Identification and eradication of illicit cultivation and the wild growth of cannabis and the opium poppy.
6. Strengthening of the intelligence apparatus to improve the collection, collation, analysis and dissemination of operational intelligence
7. Increased international co-operation, both in operational and long term intelligence as well as in investigations and mutual legal assistance.

 

SIGNIFICANT SEIZURES DURING THE MONTH OF FEBRUARY, 2016

S.NO	DATE OF SEIZURES	SEIZING AGENCY	QUANTITY AND DRUG SEIZED (IN KGS.)
1	01.02.2016 to 04.02.2016	NCB Kolkata along with other Law Enforcement Agencies	Destroyed 512 Acres of illicit cultivation of opium puppy
2	02.02.2016	NCB Imphal	4.000 kg Morphine
3.	02.02.2016	NCB Delhi	6.500 kg Hashish
4.	04.02.2016	NCB Amritsar	1.000kg opium & 1.970 kg of poppy straw		r
5	04.02.2016	BSF/NCB Chandigarh	1.980 kg Heroin
6	07.02.2016	NCB Chandigarh	3.750 kg Hashish

These are some seizures data during the month of February 2016. These data show that NCB worked very hard to fight drug trafficking in on all India level.

Conclusion:

Thus after reading about Narcotics Control Bureau, it is clear that it is the vital organization for the safety of India Citizens. It works close cooperation with the Directorate General of Income Tax investigation, Custom and Central Excise Indian Police Department, Central Bureau of Investigation (CBI), Central Economics Intelligence Bureau (CEIB), and other Indian Intelligence law enforcement agencies both at the national and states level. The NCB also provides resources and training to the personnel of India’s law enforcement agencies in fighting drug trafficking. The NCB also monitors India’s frontiers to track down points where smuggling activities take place with foreign traffickers.

 

 

 

 

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Disclaimer:

This Article was prepared or accomplished by Alok Kumar Palai in his personal capacity. The opinions expressed in this article are the author’s own and do not reflect the view of the LawOF.in

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