The Central Board of Indirect Taxes & Customs (CBIC) recently destroyed 42,000 kilos of narcotics across 14 locations as part of a 'Drugs Destruction Day' during the Azaadi Ka Amrit Mahotsav celebrations to mark the 75th year of independence.
It is significant that this took place in the month that celebrates June 26 as the international day against drug abuse and illicit trafficking as mandated by the UN.
About 36 metric tonnes of narcotics were also destroyed in December 2021. In value terms, this would amount to a couple of thousand crores. But this value is only notional. The destruction was carried under full public glare to deliver the stern message: narcotics are bad, and narcotics do not pay.
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Officials destroyed drugs seized by Pune Customs through the incineration facility of MEPL, Ranjangaon, Pune, in the virtual presence of FM Nirmala Sitharaman on June 8. (Source: @cgstcuspunezone via Twitter)How is drug destroyed, and the process
The Narcotics and Psychotropic Substances Act (NDPS) prescribes the procedure for disposing of seized drugs. It permits pre-trial disposal. Speedy disposal is essential because of the 'hazardous nature, vulnerability to theft, pilferage, replacement, or constraint of proper storage space'.
A government notification dated January 16, 2015 (No. G.S.R. 38-E), spells out the procedure. Immediately after the seizure, a detailed inventory of narcotic drugs, psychotropic substances, controlled substances, or conveyances has to be prepared by the authorised officer. Samples are drawn under the supervision and sent for testing.
This is a critical process. Cases can fail at the time of prosecution because of procedural lapses. A chemical analysis report is sought from the designated chemical laboratories to confirm the nature of the drug.
After due approval from the designated court, the details are sent to a drug disposal committee. Officers in the committee are drawn from the Narcotics Control Bureau (NCB), Directorate of Revenue Intelligence (DRI), Customs, and Police.
Some drugs are sold as per applicable laws
Opium, morphine, codeine, and thebaine are transferred to the Government Opium and Alkaloid Factories under the Chief Controller of Factories. These are processed and sold to pharmaceutical companies.
Narcotic drugs, psychotropic substances, and controlled substances having legitimate medical or industrial use are sold to a person fulfilling the requirements of the Drugs and Cosmetics Act, 1940, and the NDPS Act.
Only narcotic drugs, psychotropic substances, and controlled substances with no legitimate medical or industrial use are destroyed. The destruction is by incineration after following all air pollution norms. Thus, all the destruction which took place on June 8 would have fallen in this category.
Destruction of ganja and phensedyl bottles at Medicare Environmental in Howrah, Kolkata, on Drugs Destruction Day on June 8. (Source: Kolkata Customs)Substantial gap in seizure and disposal
However, the gap between seizures and disposal is large. The Supreme Court had, in a 2016 decision (criminal appeal No.652 of 2012 ), expressed dismay about the poor rate of disposal. It made harsh observations about the lack of integrity in the disposal process. If the procedure spelt in the law is followed, this cannot happen.
A release issued on the Drugs Destruction Day points out that the illicit drug trade is a growing menace. India has been particularly vulnerable.
Also Read: Directorate Of Revenue Intelligence Seized 3,800 kg Of Heroin Worth Rs 26,000 Since April 2021
India's geographical drawback
Geography is, as has been said, destiny. India is wedged between the Golden Crescent and the Golden Triangle — Asia's two key areas of illicit opium production. Golden Crescent covers areas of Afghanistan, Pakistan, and Iran. Golden Triangle, coined by the CIA, is the area where the borders of Thailand, Laos, and Myanmar meet.
India has a substantial land border and a long sea border with these regions, and the increasing trend of containers being used to smuggle drugs is a matter of concern. Substantial seizures have been made by the Directorate of Revenue Intelligence in the last few months. Seizures made by Indian Customs also reveal that courier and postal cargo have emerged as favoured modes of drug smuggling.
Data as of May 25, 2022Destruction is the last leg in the fight against drugs. While enforcement agencies seek to choke supplies, it is important to curb demand.
The Ministry of Social Justice and Empowerment is tasked with creating awareness about the debilitating impact of drugs, running de-addiction camps, and taking corrective steps. A 2019 study on the magnitude of substance use in India estimated cannabis would be used by nearly 2.8 percent of the population and opioids by about 2.1 percent. This is huge. Obviously, much work is required to reduce demand.
Need to relook at provisions of the NDPS Act
Drugs cost lives and destroy societies. It is an impediment to achieving the 2030 agenda for Sustainable Development Goals. Goal 3, which calls for ensuring healthy lives and promoting well-being for all at all ages, and Goal 3.5, which calls for strengthening the prevention and treatment of substance use, are compromised.
There is a need also to relook at the provisions of the NDPS Act. There is a growing agreement that drugs like cannabis need to be de-criminalised. Cannabis-related offences form the bulk of the cases detected. Too much time and energy is dissipated in dealing with these minor cases, both by the investigative agencies and the courts.
All concerned — the enforcement agencies, the judicial fora, and agencies involved in demand reduction — have to work hand in hand to curb and eradicate this menace of drugs.
(The article's author is Najib Shah, a former chairman of the Central Board of Indirect Taxes & Customs. The views expressed are his own.)
First Published: Jun 17, 2022 10:23 AM IST
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