Hearing a PIL, the Supreme Court noted with concern the low disposal rate of seized illicit drugs by central & state agencies, which is as low as less than 10% in some states. Even the Odisha high court recently issued directions in this regard. Here is a review of the data. Recently, the Andhra Pradesh police set ablaze 2 lakh kilograms of seized cannabis or ganja in Vishakhapatnam district which garnered national attention. The Andhra Pradesh Police’s Twitter page shared these visuals calling it a ‘historic occasion in the annals of #APPolice’. Massive pyres were erected on the ground to burn the seized ganja as part of the state’s Operation Parivarthana launched in November 2021, aimed at curbing drug use in the state. Concerns over the intoxication effect of the burning on those who were part of the act, residents in the neighbourhood, and those witnessing it were raised. Historic occasion in the annals of #APPolice: An unprecedented 2La Kgs of seized Ganja Destruction by #APPolice along with Drug Disposable Committee, Special Enforcement Bureau at Koduru(V),Anakapalli(M), #Visakhapatnam District.#MissionDrugFreeIndia @narcoticsbureau pic.twitter.com/IMHlPmilP2 In this context, we look at the quantum of seized drugs across various states since 2014 and the law related to the seizure of drugs. India has ratified three international conventions on drug-related matters Article 47 of the Constitution states that the ‘State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health’. In addition, India is a signatory to three international conventions on drug-related matters viz., Single Convention on Narcotic Drugs, 1961, Convention on Psychotropic Substances, 1971 and the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. In 1985, the Narcotic Drugs and Psychotropic Substances (NDPS) Act (NDPS), came into effect which prohibits, except for medical or scientific purposes, the manufacture, production, trade, use, etc. of narcotic drugs and psychotropic substances. As per the NDPS Act, “narcotic drug” refers to coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs while “psychotropic substance” refers to any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule of the legislation. The Act is applicable to the whole of India, Indian citizens outside the country, and to all persons on ships and aircrafts registered in India. Every now and then, instances of seizure of narcotic drugs by drug law enforcement agencies such as Narcotics Control Bureau (NCB), Central Bureau of Narcotics, Directorate General of Revenue Intelligence, Commissionerates of Customs, Commissionerates of Central Excise, and Coast Guard at the national level and Police and Excise Officers at the state level are reported. The drugs of various types seized in such operations have to be disposed of from time to time, or as soon as may be, as prescribed in the NDPS Act. Section 52A of the Act provides for pre-trial disposal of drugs because of the hazardous nature, vulnerability to theft, pilferage, replacement, or constraint of proper storage space, after preparing a proper inventory of the seized items and keeping aside samples for court trials. The procedure for disposal of seized drugs was notified in 2015 The procedure for disposal of seized drugs has been clearly enumerated in the Department of Revenue’s notification dated 16 January 2015. When the seized drug has been forwarded to the officer-in-charge of the nearest police station or an officer of the department of central excise, narcotics, customs, or revenue intelligence, they should prepare an inventory containing the description, quality, quantity, mode of packing, marks, other identifying particulars of the drug, or the packing in which they are packed, country of origin and other such details and apply to a Magistrate within 30 days to verify the correctness of inventory prepared, take photographs and videos of the drugs, and draw representative samples as primary evidence. Upon the Magistrate’s approval, the details are submitted to the Chairman of the Drug Disposal Committee for its decision on disposal. The 2015 order mandated that all central and state drug law enforcement agencies constitute Drug Disposal Committees with three Members each, headed by an officer not-below-the-rank of Superintendent of Police, Joint Commissioner of Customs and Central Excise, Joint Director of Directorate of Revenue Intelligence, or officers of equivalent rank.
Opinion Digest
Data: Low disposal rate of seized illicit Drugs a cause for concern
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