Chapter 1 INTRODUCTION 1.1 Introduction :- Drug use except medical use is regarded as a universal evil. Fourteen international conventions exist with the aim of preventing the abuse of drugs' while assuring their continued availability for medical and scientific purposes. The most important of these are the Single Convention on Narcotic Drugs, 1961 (hereinafter the 1961 Convention), the Convention on Psychotropic Substances, 1971 (hereinafter the 1971 Convention), the Protocol of 1972 Amending the Single Convention on Narcotic Drugs, 1961 (hereinafter the 1972 Protocol), and the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances( hereinafter the 1988 Convention). These conventions have attracted a great deal of international support. As at the 31 December 1996 there were 138 Parties to the 1961 Convention 105 Parties to the 1972 Protocol, 142 Parties to the 1961 Convention as amended by the 1972 Protocol, 147 Parties to the 1971 Convention and 139 Parties to the 1988 Convention The drug conventions provide the legal structure for the system of international drug control. They do so by prescribing rules to be obeyed by states in their relations with each other, and by 1 | Page
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Chapter 1
INTRODUCTION
1.1 Introduction :-
Drug use except medical use is regarded as a universal evil. Fourteen international conventions
exist with the aim of preventing the abuse of drugs' while assuring their continued availability for
medical and scientific purposes. The most important of these are the Single Convention on
Narcotic Drugs, 1961 (hereinafter the 1961 Convention), the Convention on Psychotropic
Substances, 1971 (hereinafter the 1971 Convention), the Protocol of 1972 Amending the Single
Convention on Narcotic Drugs, 1961 (hereinafter the 1972 Protocol), and the 1988 United
Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances( hereinafter the 1988 Convention). These conventions have attracted a great deal of
international support. As at the 31 December 1996 there were 138 Parties to the 1961 Convention
105 Parties to the 1972 Protocol, 142 Parties to the 1961 Convention as amended by the 1972
Protocol, 147 Parties to the 1971 Convention and 139 Parties to the 1988 Convention The drug
conventions provide the legal structure for the system of international drug control. They do so
by prescribing rules to be obeyed by states in their relations with each other, and by defining
control measures to be maintained within each state. These rules can usefully be categorized
according to the two principle methods of achieving drug control, viz:-
a) Commodity control - the definition and regulation of the licit production, supply and
consumption of drugs; and
b) Suppression of illicit production, supply and consumption.
A detailed examination of the technical content of the rules contained in the drug conventions
will be the substance of the bulk of this study, these rules do not exist in a vacuum. They must be
examined in the context of the policy they apply –
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1.2 Utility and Significance of study :-
Non-scientific and non-medical drug use is today generally regarded as"a universal social
evil.
The complex of international rules dedicated to suppression of illicit drugs
Creates an international illicit drug prohibition system.
The study attempt to ensure the following:
i) The national criminalization of the different forms of conduct involved in
the supply and use of drugs and the effective punishment of offenders;
ii ) The establishment of national jurisdiction over drug offences wherever
committed and the extradition of drug offenders to ensure that they do not
escape prosecution because of lack of local jurisdiction; and
iii) Effective and speedy cooperation between national authorities in the enforcement
of illicit drug laws.
The creation and enforcement of an effective international criminal law suppressing illicit
drugs is considered to be crucial to the suppression and ultimately elimination of illicit
drug use.
1.3 Rationale of study :-
The rationale of study is to look at the scale of problem, because of drug trafficking, harm
done by trafficking.
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Society has attempted to solve the problem through the use of law, still it has failed to
suppress drug trafficking and thus study tries to give better and effective system suppress
drug trafficking.
1.4 Object and scope of study :-
This study aims to bring forth the accepted international convention and their contribution
to suppress illicit drug trafficking through laws.
The object of study is to give a exclusive body of knowledge and give points towards
reducing conflux and drug trafficking through international law and action for a common
purpose
The study shall cover the following areas in it’s scope :-
i) Drug policy responses.
ii) The nature of the international “consensus “on global drug.
iii) Prohibition through international law.
1.5 Hypothesis :-
The technical rules of international drug control law designed to suppress illicit drugs, are
not sufficient and thus focus shod be give to technical rules, and the international
Consensus in respect of the policy.
There is a need to overcome sovereignty of nations and implementation of coherent
domestic law which will lead to suppression of illicit drug trafficking .
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A global system of control over drug offences would be possible with the advent of
uniform and practical legal approach by all sovereign states .
1.6 Methodology of study :-
The methodology adopted in the present study is doctrinal. It has been carried out by examining
the various legal doctrines as espoused in legal writings. A thorough case study has been carried
out both historically and contemporarily. These cases have been analyzed and reasoned to arrive
at the stated conclusion.
The doctrinal material has been collected from authoritative publications and has been
supplemented with cases from legal journals and web sites.
1.7 Limitations of the study :-
All studies have inbuilt restrictions and limitations being affected by the paucity of time and other
resources. Any attempt to present a comprehensive study shall be inhabited by the fast moving
world of law and ongoing judicial decisions. This study involves international conflict on drug
trafficking and it’s suppression and examines the need for change in some of its provision in
order to keep pace with the ever changing concepts that evolve on the international level. A
sincere attempt has been made to overcome these limitations and present a study that is relevant
in the areas of time and content.
1.8 Literature Review
After consulting the latest judicial decisions, writing of jurists, books and other publications,
written material available on the internet and published research in this field the researcher has
come to a conclusion that although there is a sizeable amount of written material as well as
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literature in the electronic form, this material does not in any way reflect the direction of research
presently initiated by the researcher.
The researcher has built upon the existing material available and supported it with novel
conclusions, suggestions and a different perspective on the International rules and Conventions
and its relevance and effect in present world. In the present research the researcher has put forth
novel and reformative ideas on dealing with drug trafficking and abuse in world. These ideas and
suggestions has come been come upon by rigorous research work and research findings around
the world. Some of the added provisions are:
1. Alternative methods to control drug trafficking rather then to give punishment.
2. Drawbacks with the jurisdiction and extradition in international laws.
1.9 Review of chapters :-
Chapter 1 : Deals with the introduction of study
Chapter 2 : Deals with basic concepts such as historical abuse of substances, drug cartels, drug
abuse and drug trafficking
Chapter 3 : Deals with history of the international legal regulations of drugs in order to place the
existing international drug control system in historical context. In this chapter particular attention
is paid to the interrelationship between the development of national and international legal
regulation of drugs.
Chapter 4 : Examines crimes and penalties that the drug conventions require parties to create in
their national law. This chapter also examines the penalties that the drug convention require
parties to enact to complement the offences created under international law.
Chapter 5 : Examines the provisions in the drug conventions relating to the crucial issue of
jurisdiction over drug offenses, and looks particularly closely at the extraterritorial extension of
such jurisdiction.
Chapter 6 : Deals with alternatives methods to control drug trafficking and drug abuse rather
than to give rigorous punishment.5 | P a g e
Chapter 7 : Finally is conclusions attempts to draw the separate conclusions of each chapter
together and remark up on the coherence of the system in achieving it aim of suppressing illicit
drug use.
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Chapter 2
Basic Concepts
Synopsis
Historical Background of Substance Abuse
Global Perspective
Drug Cartels
Drug Abuse and Drug Trafficking
2.1 Historical Background of Substance Abuse – Global Perspective
Drug use is a worldwide phenomenon, and drug use occurs in almost every country. The specific
drug or drugs used varies from country to country and from region to region. Worldwide, the
three Main drugs of use are cannabis (such as marijuana), opiates (such As heroin), and cocaine.
Although individual countries have their own drug laws, in general, drug possession, sale, and
use are illegal. Unfortunately, laws are not always equally enforced in countries around the
world. Drugs have played a part in every culture throughout history, whether used for medical,
religious, or recreational purposes. Records of cannabis use date back thousands of years;
hallucinogenic drug use in religious ceremonies shows up worldwide; opium use dates back to
the beginning of civilization; and the chewing of coca leaves by laborers extends back thousands
of years. Drug abuse most certainly occurred in the past, but it was not until people learned how
to process and refine drugs that abuse rose dramatically. During the past 100 years, advances in
chemistry and pharmacology (the science of drugs) have allowed new drugs to be created from
old sources. Opium was processed and refined into morphine and heroin. Coca leaves were
processed and refined into cocaine and crack. Amphetamines, a new class of stimulants, were
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synthesized in the laboratory, as were new hallucinogenic drugs such as LSD, ecstasy, and MDA.
These new drugs and refined old drugs are more powerful and addictive than any drugs in the
past. While great advances have been made in the creation and use of drugs for medical purposes,
drug use for religious reasons has declined, while use for pleasure has increased sharply.
Humans have used drugs of one sort or another for thousands of years. Narcotics from 4000 B.C.
and medicinal use of marijuana has been dated to 2737 B.C. in China1. But not until the 19th
cent. A.D. was the active substances in drugs extracted. There followed a time when some of
these newly discovered substances—morphine, laudanum, cocaine-were completely unregulated
and prescribed freely by physicians for a wide variety of ailments. They were available in patent
medicines and sold by travelling tinkers, in drugstores, or through the mail. During the American
Civil War, morphine was used freely, and wounded veterans returned home with their kits of
morphine and hypodermic needles. Opium dens flourished. By the early 1900s there were an
estimated 250,000 addicts in the United States. The problems of addiction were recognized
gradually. Legal measures against drug abuse in the United States were first established in 1875,
when opium dens were outlawed in San Francisco. The first national drug law was the Pure Food
and Drug Act of 19062, which required accurate labeling of patent medicines containing opium
and certain other drugs. In 1914 the Harrison Narcotic Act3 forbade sale of substantial doses of
opiates or cocaine except by licensed doctors and pharmacies. Later, heroin was totally banned.
Subsequent Supreme Court decisions made it illegal for doctors to prescribe any narcotic to
addicts; many doctors who prescribed maintenance doses as part of an addiction treatment plan
were jailed, and soon all attempts at treatment were abandoned. Use of narcotics and cocaine
diminished by the 1920s. The spirit of temperance led to the prohibition of alcohol by the
Eighteenth Amendment to the Constitution in 1919, but Prohibition was repealed in 1933.
In the 1930s most states required antidrug education in the schools, but fears that knowledge
would lead to experimentation caused it to be abandoned in most places. Soon after the repeal of
Prohibition, the U.S. Federal Bureau of Narcotics (now the Drug Enforcement Administration)
began a campaign to portray marijuana as a powerful, addicting substance that would lead users
into narcotics addiction. In the 1950s, use of marijuana increased again, along with that of
1http://www.factmonster.com/ce6/sci/a0857830.html. last visited on 26-2-2014 @ 5:30pm2Ibid3Ibid
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amphetamines and tranquilizers. The social upheaval of the 1960s brought with it a dramatic
increase in drug use and some increased social acceptance; by the early 1970s some states and
localities had decriminalized marijuana and lowered drinking ages. The 1980s brought a decline
in the use of most drugs, but cocaine and crack use soared. The military became involved in
border patrols for the first time, and troops invaded Panama and brought its de facto leader,
Manuel Noriega, to trial for drug trafficking.
Throughout the years, the public's perception of the dangers of specific substances changed. The
surgeon general's warning label on tobacco packaging gradually made people aware of the
addictive nature of nicotine. By 1995, the Food and Drug Administration was considering its
regulation. The recognition of fatal alcohol syndrome brought warning labels to alcohol products.
The addictive nature of prescription drugs such as diazepam (Valium) became known, and
caffeine came under scrutiny as well.
Drug laws have tried to keep up with the changing perceptions and real dangers of substance
abuse. By 1970 over 55 federal drug laws and countless state laws specified a variety of punitive
measures, including life imprisonment and even the death penalty. To clarify the situation, the
Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated
all previous federal laws concerned with narcotics and all other dangerous drugs. While
possession was made illegal, the severest penalties were reserved for illicit distribution and
manufacture of drugs. The act dealt with prevention and treatment of drug abuse as well as
control of drug traffic. The Anti-Drug Abuse Acts of 1986 and 1988 increased funding for
treatment and rehabilitation; the 1988 act created the Office of National Drug Control Policy. Its
director, often referred to as the drug “czar,” is responsible for coordinating national drug control
policy.
Drugs that are used and abused by humans for nonmedical purposes can be grouped into several
major categories. The drugs in each category have similar effects on the user, even though they
may differ in the way they produce those effects4. The major categories include:
1. Depressants (barbiturates, benzodiazepines)4 http://www.galecengage/pdf/ last visited on 26-2-2014 @ 6:45pm
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2. Stimulants (amphetamines, cocaine)
3. Marijuana
4. Opioids (morphine, heroin, methadone)
5. Psychedelics (LSD, mescaline, ecstasy)
6. Inhalants (glue, nitrous oxide)
7. Phencyclidine (PCP)
2.1.1 IN CONTEXT OF INDIA
Marijuana:
Marijuana or marihuana, drug obtained from the flowering tops, stems, and leaves of the hemp
plant, Cannabis sativa or indica; the latter species can withstand colder climates. It is one of the
most commonly used drugs in the world and in India.
CUSTOMARY USE
Marijuana has an ancient history of ritual usage as an aid and has been traditionally used in a
religious context throughout the World. Use of cannabis refers to marijuana used in a religious or
spiritual context. Sadhus have used it in India for centuries, and in modern times it has been
embraced by the Rastafarian movement. Rastafarians and Sikhs are among the largest consumers
of marijuana as part of their religious and spiritual rites. There has been a sacred status of
marijuana in India which comes from the Atharva Veda estimated to have been written sometime
around 2000 - 1400 BC5, which mentions cannabis as one of the "five sacred plants".
There are three types of cannabis used in India. The first is bhang that consists of the leaves and
plant tops of the marijuana plant. It is usually consumed as an infusion in beverage form, and
varies in strength according to how much cannabis is used in the preparation. The second one is
ganja, consisting of the leaves and the plant tops. The third one is called charas or hashish which
consists of the resinous buds or extracted resin from the leaves of the marijuana plant. Typically, 5www.wikipedia.com last visited on 28-2-2014 @ 6:50pm
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bhang is the most commonly used form of cannabis in religious festivals. Cannabis or ganja is
associated with worship of the Hindu deity Shiva, who is popularly believed to like the hemp
plant. Bhang is offered to images of Shiva especially on Shivratri festival. This practice is
particularly witnessed at the temples of Benares, Baidynath and Tarakeswar. This Bhang is not
only offered to Shiva, but also consumed by Shaivite yogis. Charas is smoked by some Shaivite
devotees and cannabis itself is seen as a gift (prasad, or offering) to Shiva to help them in
sadhana. Some of the wandering sadhus in India smoke charas out of a clay-pipe called
“chillum”.
Also, during the Indian festival of Holi, people consume bhang which contains cannabis flowers.
Wise drinking of bhang, according to religious rites, is believed to cleanse sins, unite one with
Shiva and avoid the miseries of hell in the after-life. In contrast, foolish drinking of bhang
without rites is considered a sin.
Sikhs
The Sikhs of the Punjab6 in Northern India are among the biggest consumers of cannabis. They
refer cannabis as “Sukha” (peace-giver). Initiated by the tenth guru of the Sikhs, Guru Gobind
Singh, cannabis or bhang was used to help in meditation and was also used before battles to aid
as a painkiller all over Punjab.
MARIJUANA AND HASHISH SUPPLY CHAIN
The people indulging in the sale of MARIJUANA and its products are called peddlers. Peddlers
generally sell either MARIJUANA or HASHISH both are not sold by the same person.
HASHISH is of three types, the purest form of HASHISH is called “gola” it is very potent and
pure, the second in category is called “garda” its potency depends on the potency of the
MARIJUANA plant and the third and the most impure form of HASHISH is called “patodi” it is
impure as it is mixed with other cheap intoxicants generally DHATURA. Peddlers are in this
business for money so they generally indulge in a lot of adulteration. MARIJUANA is sold in
kilos and HASHISH is sold per “tola” which is equivalent to 10 grams. As MARIJUANA is an
indigenous plant of India, India has no need to import it from outside but due to ever increasing
demand a lot of MARIJUANA and HASHISH is imported from Afghanistan, Pakistan and Nepal
6www.wikipedia.com last visited on 1-3-2014 @ 7:00pm11 | P a g e
through the border. The major problem here is that some of the BSF jawans are responsible for
this infiltration of illicit drugs among many other things. Peddlers are of two types’ large scale
and small scale peddlers, small scale peddlers get their stuff from the large scale peddlers and sell
it to the local population. The source of most of the small scale peddlers are the same, it is
transported in trucks which are driven at very high speeds and most of the time the truck driver is
accompanied by an army personnel or a police personnel there are many cases where imposters
are involved. The peddlers generally have an understanding with the police officials in their area;
bribe is given from time to time so that their operations run smoothly. A lot of beggars and
people who live off the street are involved in transporting stuff in the city area between peddlers.
Most of the MARIJUANA sold is of low quality and the HASHISH is adulterated so that the
profit is more, many a times BROWN SUGAR is mixed with HASHISH to make it more potent
and addictive. Serious illness is experienced due to consumption of bad and adulterated
HASHISH.
SUPPLY CHAIN
Every state has its hot spots where the large scale peddlers grow, sell and transport stuff to the
small scale peddlers present in different cities. The main source of the small scale peddlers is
called in slang words “line”. The best hashish in the world is found in Anannath a village in
Kashmir. The main source or the main “line” starts from Jammu & Kashmir where a lot of stuff
is grown and a lot of stuff is taken from Afghanistan and Pakistan, from there it is transported to
Himachal Pradesh than to two major hot spots Delhi and Punjab (Jhalandar) transporting from
Delhi and Punjab to other areas is very risky as there is stringent checking present at the Delhi
and Punjab highways most of the stuff is seized in these areas but with time peddlers have
become smarter and more creative and as more and more officials are being bribed the chances of
getting caught have reduced considerably. The line splits from Delhi and one goes towards
Rajasthan and Gujarat while the other line goes towards U.P and Bihar. U.P and Bihar are other
hot spots where a lot of stuff is stored grown and transported. Marijuana from Nepal is available
to other states because of the line present in U.P and Bihar. Afghani Hashish which comes on the
third number in the world and which has a big market in Goa is not actually pure Afghani Hash
but is a mixture of Afghani “path” (path means patodi which is the lowest quality of hashish) and
Ratlami “path” which after being mixed is sent to Indore than Bombay which is another hot spot
for illicit drugs and then to Goa where it is sold under the pretext of Afghani Hashish. Goa is 12 | P a g e
another hot spot where the demand of narcotics and illicit drugs is very high. A lot of Marijuana
is grown in parts of Madhya Pradesh, Uttar Pradesh, Bihar, Rajasthan and Punjab. A lot of opium
and its products are produced and grown in Punjab. There are a lot of large scale peddlers present
in Gujarat too. The main lines in Gujarat for Marijuana are Udhana in Surat, Dediapada in
Dhaboi and Nareshwar near Karjan. In these areas lot of Marijuana is grown some police officials
and forest officers are involved in this nexus. A lot of Marijuana is grown in the forests under the
protection of forest officers. The main lines in Gujarat for Hashish are Gomtipura of Ahmadabad,
Bhatiarwada/khana in Bharuch, Petlad in Anand, Borsad near Khambhat and Jambusar in
Vadodara.
OPIUM
Opium7 (poppy tears, lachrymapapaveris) is the dried latex obtained from the opium poppy
(Papaver somniferum). Opium contains up to 12% morphine, an alkaloid, which is frequently
processed chemically to produce heroin for the illegal drug trade. The latex also includes codeine
and non-narcotic alkaloids such as papaverine, thebaine and noscapine. Heroine and morphine
are the two major derivatives of opium.
EXTRACTION
The traditional method of obtaining the latex is to scratch ("score") the immature seed pods
(fruits) by hand; the latex leaks out and dries to a sticky yellowish residue that is later scraped off.
The modern method is to harvest and process mature plants by machine. "Meconium" historically
referred to related, weaker preparations made from other parts of the poppy or different species of
poppies.
CUSTOMARY USE
Opium has been actively collected since prehistoric times, and may be the soma plant
ubiquitously mentioned in the Rig Veda. Though western scholars typically date the text at 1500
BCE8, Indian scholars maintain that the verses and the history contained in them have been orally
transmitted thousands of years before. "Soma" is Vedic Sanskrit for moon, describing both the 7www.wikipedia.com last visited on 1-3-2014 @ 8:45pm8www.wikipedia.com last visited on 1-3-2014 @ 9:30pm
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shape of the bulb and its nocturnal juice emission, which in ancient times would have been
visible by moonlight only. A common name for males in Afghanistan is "Redey", which in
Pashto means "poppy". This term may be derived from the Sanskrit words "rddhi" and "hrdya",
which mean "magical", "a type of medicinal plant", and "heart-pleasing".
INFLUENCE OF EAST INDIA COMPANY ON OPIUM ABUSE & PRODUCTION
After the 1757 Battle of Plassey and 1764 Battle of Buxar9, the British East India Company
gained the power to act as diwan of Bengal, Bihar, and Orissa . This allowed the company to
pursue a monopoly on opium production and export in India, to encourage ryots to cultivate the
cash crops of indigo and opium with cash advances, and to prohibit the "hoarding" of rice. This
strategy led to the increase of the land tax to 50% of the value of crops, the starvation of ten
million people in the Bengal famine of 1770, and the doubling of East India Company profits by
1777. Beginning in 1773, the British government began enacting oversight of the company's
operations, culminating in the establishment of British India in response to the Indian Rebellion
of 1857. Bengal opium was highly prized, commanding twice the price of the domestic Chinese
product, which was regarded as inferior in quality.
INDIA’S OPIUM TRADE
India is one of the largest opium harvesting countries in the world. Tucked away in the remote
interiors of North India, acres of poppy fields produce tons of precious opium that is perfectly
legal and reported to be strictly regulated by their government.
However some of the opium grown here ends up on the black market or is saved for the villagers’
personal use. India is said to be a transit route for illicit heroin, hashish, and morphine base from
Afghanistan, Pakistan, Burma, and to a lesser extent, Nepal. Cannabis smuggled from Nepal is
mainly consumed within India, but some makes its way to western destinations.
Heroin seizures data during 2000 may point to increased illegal production of heroin within India
from opium gum diverted from the licit fields. Some heroin locally produced from diverted
opium gum was bound for the international market, including the United Kingdom and Sri
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Lanka. India is a transit area for heroin from Afghanistan and Pakistan and from Southeast Asia
(Burma, Thailand, and Laos). Most heroin transiting India appears bound for Europe.
Licenses for small plots for opium cultivation have been granted to 170,000 families in India10, in
6,900 villages; so, given the usual family size of four to six, at least a million people are directly
involved. One of the other major places for producing opium is Nimach in Madhya Pradesh.
Almost in each place hundreds of rectangular pans, each filled with about 30 kilos of opium is
cultivated at regular intervals. Those pans hold nearly 35 tons of opium.
There is also a factory at Ghazipur where workers who are smeared with opium take a shower
and wash their clothes, watched by men from the Central Industrial Security Force. More opium
is recovered from the runoff. Here too a lot of opium is produced and sold off in the black market
during transit to the government factories and go-downs.
Bhawani Mandi is a small border town in Jhalawar district of the picturesque State of Rajasthan,
best known for its opium fields. “The place is very famous and cops are scared to venture into
this territory as even before an officer leaves his office for undercover investigation the peddlers
there are ready for him.
Jhalawar, 87 kms to the south of Kota, is Rajasthan's once and future destination. It is a rock-
strewn, scrub-covered terrain, occasionally bright with fields of poppies and citrus-green groves
of oranges. It was once a thriving town on a caravan route and now is now at the centre of an
opium-producing region. This is a small and off-route archaeological town with very few visitors.
Ratlam is also one of the main places for peddlers on the western side. Many top drug peddlers
like Solanki and Papa Chinaya get their drugs through small carriers from these places. Solanki,
who was recently arrested, lived on the border of Madhya Pradesh and Rajasthan. He used to
smuggle drugs from there to Mumbai and sell them at higher prices.
India is one of the world’s top producers of licit opium and is the sole producer of licit opium
gum. To meet India’s share of anticipated world demand for licit opium in 2000 and rebuild
domestic stockpiles toward an International Narcotics Control Board (INCB)-recommended level
of about 750 metric tons the Indian government set a licit opium harvest target of 1,200 metric 10http://www.ieo.org/opm_mass.html last visited on 4-3-2014 @ 6:10pm
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tons. 870 metric tons for export, 130 metric tons for domestic use and 200 metric tons for buffer
stocks.
To meet this goal, for the third consecutive year, the Indian government continued to license a
historically larger number of farmers and an increased area for poppy cultivation. For the 2000-
opium harvest season, the Indian government licensed 159,884 farmers to cultivate opium on
35,271 hectares.
The 2000 harvest yielded 1,302 metric tons at 90 percent solid, the highest ever in Indian opium
history. This was some 300 metric tons higher than the 1999 harvest of 971 metric tons from
roughly the same amount of cultivated land and exceeded the GOI’s target of 1,200 metric tons11.
The average opium yields in Madhya Pradesh, Rajasthan, and Uttar Pradesh were 55.79
kilograms, 53.82 kilograms and 44.77 kilograms respectively. The level of diversion from the
licit opium crop, while always difficult to estimate, clearly declined from an alarming level in
1999, when up to 300 metric tons of opium gum may have been diverted to the black market. For
the crop year 200112, the total licensed area has been reduced from 35,271 hectares to 25,375
hectares. Cultivators who had failed to achieve qualifying yields (at least 45 kilograms per
hectare in Madhya Pradesh and Rajasthan) in the previous year were de-licensed. While criminal
elements produce heroin from both diverted legal opium and illegally grown opium, no reliable
data are available on the extent of production.
2.2 Drug Abuse and Drug Trafficking
NDPS Act has been interpreted to control drug abuse and drug trafficking which is due to
following reasons increasing in India.
Drug Abuse
Drug abuse has been defined by the World Health Organization as Persistent or sporadic
excessive drug use, inconsistent or unrelated to Acceptable medical practice.
11http://www.ieo.org/opm_mass.html last visited on 4-3-2014 @ 11:00am12Ibid
16 | P a g e
On the basis of the above definition, drug abusers may be put into three categories:
(a) Persons who use banned narcotic drugs or psychotropic Substances, which have
no legitimate medical use e.g. heroin, cocaine, Methaqualone, LSD, Charas etc.
(b) Persons who use narcotic drugs or psychotropic substances like morphine, codeine,
tranquillizers and sedatives etc., restricted-legally to medical purposes only, without these having
been medically prescribed for them.
(c) Persons who-habitually use prescription drugs, which are neither narcotic drugs nor
psychotropic substances e.g. analgesics, antibiotics, and steroids etc., without being medically
advised to do so.
Even amongst drug abusers of the first two categories above, there are further three classes:
(I) Persons consuming a drug on one or more occasions just to satisfy their curiosity but not
falling a prey to it.
(II) Persons occasionally consuming a drug for recreation without becoming habituated to it.
(III) Persons who have already become addicts or drug-dependent.
All the above three classes of persons violate the drug laws. However, society concerns itself
primarily with the persons who have developed Drug dependence, and are commonly referred to
as addict.
CAUSES OF DRUG ABUSE
The United Nations considers the identification of the causes responsible for drug abuse to be one
of the greatest obstacles in combating this menace. No single "Factor is exclusively and
necessarily associated, with drug abuse. A person may become dependent on drugs for diverse
reasons, and the search for some all-embracing explanation is doomed to failure.
The reasons for spread of drug abuse in India are not necessarily the same as in the other
countries. It will be beyond the scope of this work to go into each and every factor believed to be
17 | P a g e
responsible for drug abuse. Therefore, only the major contributory factors, particularly in the
Indian context, are briefly analysed here:
1. Easy availability of drugs
A person takes any drug initially just to see "what it's like", and this phenomenon maybe termed
as curiosity. According to Macdonald, adolescents have "traits of adventurousness and
willingness test danger that make them particularly susceptible to drug use". However peer group
pressure will have a great impact on whether or not a person experiments with a drug out of
curiosity.
Recent studies sponsored by the Union Government also have established that peer pressure and
curiosity are the main factors behind drug abuse in the country. After the curiosity is satisfied, a
person may either never take the drug again or keep on repeatedly using it, as drug taking is
usually a pleasant experience, a number of factors are responsible for individual decision-making
at this stage. The most crucial factor, however, is whether drugs are easily available or not for on-
going use. According to Paul Fuqua, it is true that a person who has already become dependent
on drugs will go anywhere in search of drugs but "these people are exceptions rather than a rule".
For most of the other people, according to him, drug abuse is "an occasional sort of thing, a take-
it-or-leave-it phenomenon" and "if the drugs are readily available they will use them or
experiment with them: if not, they will not".
As the drug law enforcement is quite poor, illicit drugs remain easily available throughout the
country. In addition, the legitimate channels for supply of psychotropic substances for medical
purposes are also fast becoming a major source of unrestricted illicit supply of these drugs to the
existing as well as the potential drug abusers The chemist and druggist are under a legal
obligation, by virtue of Drug and Cosmetic Rule and, 1945, to sell prescription drugs only to the
person holding valid prescription. Due to the lax control over these chemists and druggists, they
illegally sell such drugs at a premium to the addicts.
18 | P a g e
As long as the illicit drugs are easily available more and more people will have the opportunity of
experimenting with such drugs, and adding to the number of existing drug abusers.
2. Complacent attitudes
In India, the people in general remain unconcerned about the problem of drug abuse due to lack
of adequate drug information and education. The complacent attitude of the government and
other agencies towards drug abuse in the recent years was based on the mistaken belief that India
was only a transit country for flow of drugs from the 'Golden Triangle' and the 'Golden Crescent'
to the United States and Europe.
The budget allocations for prevention of drug abuse and rehabilitation of the existing addicts
reflect low priority being accorded to this problem even at present. In the Eighth Five Year Plan,
the total amount earmarked for the purpose is only around Rs.30crores. In 1994-95, a meagre
amount of Rs.l4crores had been allotted in the Union Budget on this account.
Lack of any national strategy to fight the menace of drugs is a significant factor behind our
failure to check the growing number of drug abusers in the country. An advisory committee
called the Narcotic Drugs and Psychotropic Substances Consultative committee was constituted
by the government of India in 1988 in terms of Section 6 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 to advise the Government on matters relating to the administration of the
said Act. However, there is no report of this Committee having formulated any national policy on
the subject so far.
3. Role of parents
It has been observed by researchers that unregulated use of sleeping pills, tranquillizers, weight-
reducing drugs and alcohol by the parents often promotes drug abuse by the children. Richard
Barrymore observes:
"Over a third of middle-aged women and many young mothers were taking tranquillizers two or
three times a day because they felt nervous or irritable usually due to tension from underlying
boredom at home or unhappiness in their marriage. Youngsters feel similar pressures and
emotional reactions. It is very natural that they too should feel they can resort to a boost or a
sleeper to smooth out their moods, rather than to have to sweat these out naturally". In fact, we
19 | P a g e
are too liberal in the use of drugs legal or illegal. As rightly pointed out by Paul Fuqua, we take
“drugs to put us to sleep, to get us up, to prevent pregnancies, to induce pregnancies, to sharpen
our wits, to dull our nerves, to stop our headaches, to regulate our bowels, to cure our diseases, to
clear our sinuses, and to do just about anything else with our bodies that can be imagined."
Obviously, this is not a healthy attitude, for children, to learn and mimic. Due to the prevailing
socio-economic conditions in the country, an average Indian family gets so engrossed in meeting
the materialistic needs that there is hardly any emphasis on understanding the children and
fulfilling their genuine desires. This necessarily results in the children getting neglected and
frustrated. Such children are highly susceptible to the abuse of drugs.
There is also a noticeable decline in the parental care of children in the last two decades or so due
to the facts that more and more mothers are getting full time employment outside the home. In
metropolitan cities particularly, employees have to commute long distances for reaching work
place and for returning home. This may usually keep an employee away from home for about 12
hrs. In a day the absence of both the parents from home for the major portion of the day leads to
the psychological alienation of the child who feels neglected and bored. It cannot be denied that
children nurtured in such an atmosphere will have a marked tendency to fall back on Intoxicants.
A survey of drug abusers conducted by the Drug Abuse Information, Rehabilitation and Research
Centre, Bombay, showed that 56 percent of the respondents did not have a father figure at home:
out of which 11 percent had lost their fathers, 6 percent has mothers as dominant partners, and 38
percent had fathers away from home due to being employed in different city. It was also observed
that 89 percent of the respondent had difficulty in communication with their parents. In a
nutshell, the parents have to take a major part of the blame for their children becoming drug-
dependent.
4. Social conditions
The Drug Abuse Council in the USA observed in its report in 1980: "While not enough is known
about why certain individuals misuse drugs, it is known that there is a definite correlation
between pervasive societal ills - such as poverty, unemployment, racial discrimination, and drug
misuse. So long as these adverse social conditions persist, widespread drug misuse can be
expected" A study of 160 brown sugar addicts in Delhi by Sharma, (1987) showed that at the
time of first use of drugs 110 addicts were unemployed and had nothing to do, 45 had lost their 20 | P a g e
jobs, 27 had collapsed business. 27 had disappointment in love relationship, and 21 had separated
from their spouses (multiple responses in some cases). A recent government sponsored study in
33 cities throughout India also found poverty and unemployment to be the significant factors
behind drug abuse. The change from a rural agricultural society to an urbanized industrial society
disorganizes the social values as well as the social control mechanism. The migration of youth
from rural to urban areas in searches of employment for a better socio-economic status or just for
educations a normal phenomenon throughout the country. Such people are not often used to the
stresses and strains that they have to encounter during this new exposure. They are forced into a
life of isolation, deprivation, loneliness and despair. Being away from their families and
traditional moral values, they are tempted to find solace in drugs and alcohol.
The modern urban society has also contributed a great deal to the problem of drug abuse. The
mad race for material prosperity, commercialized entertainment breaking down of religious and
moral values, and dwindling respect for elders, have all resulted in a distortion of the traditional
family system, and making the youth more prone to drug use. Harvey Teff opines: "In a world
where Man's survival is precarious, yet at the same time potential achievements seem limitless,
the 'non-achievers' are more susceptible, to the attractions of drugs. He also quotes
Downs, an expert in the subject as saying that although we cannot explain the causes of addiction
satisfactorily yet ‘We know enough to say that an affluent an highly competitive society produces
strains and anxieties, dissatisfaction and unhappiness which leads many people to look for an
avenue of release other than the traditional ones of alcohol and tobacco.’
5. LACK OF TREATMENT FACILITIES
To prevent a contagious disease from spreading, it is essential that all those who have already
been affected by it should be treated at first. As drug addiction too is passed on by a person
affected by it to another, similar strategy has to be adopted to control it.
Whenever a person indulges in repeated wrongful conduct of any nature whatsoever, it gives him
a lot of satisfaction to see others indulging in similar conduct. It may be a natural tendency
amongst human being to justify their own sinful conduct on the ground that they were not alone
in the act. Many a time, an addict will thus in courage his peer-group to try drugs. A survey
21 | P a g e
conducted by the Drug Abuse Information, Rehabilitation and Research Centre, Bombay found
that out of 25 heroin addicts interviewed, 212 addicts had been introduced to drugs by their
friends, and all of them had received their first dose free of cost.
It is absolutely essential that existing addicts should be persuaded by counselling to undergo
treatment. However lack of adequate, facilities for this purpose greatly hinders the efforts aimed
at prevention of drug abuse. This subject is dealt with in detail later in this work.
FACTORS BEHIND ILLICIT TRAFFICKING
A large number of factors may be responsible for the increase in drug trafficking in the country.
Looking at the intent and purpose of this work, a brief analysis only of the major contributory
factors is being done here.
1. Geographical location
India is sandwiched between the ‘Golden Triangle’ and the ‘Golden Crescent’ the world’s largest
opium-growing areas. Therefore, it has acted as a convenient transit point for trafficking of drugs,
heroin in particular, from these areas to the North America and Europe. It is extremely difficult to
intercept drugs at the entry points as the Indo-Pakistan border, alone is about 3310Kms, while the
Indo-Myanmar border stretches to another 1600Kms. N addition to the drugs entering through
these porous international borders, a stretch of 1568Kms. long India-Nepal border is also highly
prone to smuggling of ganja from Nepal to India.
On the Indo-Myanmar border, the members of hill tribes of both the countries i.e. India and
Myanmar can go up to 40Kms. in the other country without any passport or immigration
formalities. They are permitted to carry head loads of food items like rice and vegetables with
them for trading in other country. Heroin is often smuggled from Myanmar into India in small
quantities concealed in these goods or in the clothes of the persons carrying on such trade. This is
also one of the primary reasons for the deteriorating drug abuse situation in Manipur, Nagaland
and Mizoram.
The Balkan route from Afghanistan to Europe was not operative since the late 1970s as Ayatollah
Khomeini was in power in Iran and Soviets were in control of Afghanistan. The route has 22 | P a g e
reopened since 1991. Therefore, India has lost much of its importance as a major transit country
for heroin. However, the local consumption of illicit drugs has gone up so much that this factor
has not made any major impact on drug trafficking within the country.
2. Political and bureaucratic systems
Political and bureaucratic structure in the country breeds crime of all sorts for its own survival
and prosperity. Enormous sums of money are required by the politicians for contesting the
elections. The tax evading industrialists, touts of industrial and economic power, suppliers of
substandard goods and services to the government at exorbitant prices, drug traffickers,
smugglers and criminals are some of the major sources of this money. The power-hungry
bureaucrats often become the willing tools in the game on the condition of reciprocity.
3. High profitability
At present, illicit drug trade is probably the fastest growing and most profitable industry in the
world. In India too, drug trade generates enormous profit. Heroin is, for example, available for
the equivalent of Rs. 4lakh per Kg in neighbouring Myanmar; and Pakistan. N the border states
of India, it is traded for Rs.2lakhs to Rs.4lakhs per Kg. On reaching the exit points at Calcutta,
Madras, Bombay or Delhi, its price goes up to Rs.10lakhs per Kg. In the international market, it
may fetch a price around Rs.1crore per Kg.
4. Insurgency and terrorism
Many insurgent organizations and terrorist groups throughout the world depend on drug
trafficking to mobilize resources. There are also, instances where some of the organizations
abandoned their main objective ultimately and switched on entirely to drug trafficking. In India
too, there have been widespread allegations of some terrorist. Groups indulging in drug
trafficking. a It is also suspected that Pakistan may be encouraging the flow of narcotics into
India with the objective of financing the terrorist activities in this country . On the whole, the
impact of insurgency and terrorism on drug trafficking at the moment appears to be insignificant
with the decline of insurgent and terrorist movements in the major part of the country.
5. Ineffective enforcement
23 | P a g e
Gauging by the reports appearing in the media during the last eight years , the kingpins behind
drug trafficking operations in the country , even if arrested and prosecuted, rarely get convicted
or imprisoned due to the numerous loopholes in the drug laws .The enforcement machinery too
suffers from various handicaps , and has largely been ineffective in bringing the culprits to book.
Preventive detention laws have also failed to make any impact on the drug scenario.
The conviction rate in respect of persons arrested for various drug offences is well below 10
percent at present. Therefore, the law has, on the whole, little deterrent effect on prospective drug
traffickers.
The increased availability of drugs, expansion of communication systems, migration and
urbanization and charges in attitude and values, are some of the major factors, which have
caused, the spread drug abuse since the beginning of the twenties century. Particularly during the
last two decades, there has been an unprecedented spurt in the use drugs through out the world
and this scourge has affected almost every nation.
The illicit drug business is the second largest international trade in the world at present, the first
being armaments.
The abuse of drugs has spread from urban to rural areas, from adults to children and adolescents,
and from the affluent to the poorest sections of society. No country, race, religion, caste, creed or
sex appears to be immune from the deadly grip of illicit drugs.
Intravenous drug abuse is proving to be one of the major causes for the spread of AIDS due to the
shared use of unsterilized needles by the addicts.
Drug abuse has brought in its trail violence at home, neglect of children, divorces, and the general
disruption of smooth family life. Many addicts have been driven to the point of selling their
children have to live without food and the basic air unities of life.
Drugs have brought crimes like theft, prostitution and illicit trafficking Right into the educational
institution to Drug abuse has also resulted in lower productivity, absenteeism, sickness and
accidents at workplace. Similarly, it has endangered safety on the public roads. Drugs abuse and
trafficking have accelerated the general crime rate as illegal drugs and crime thrives on each
other.
24 | P a g e
Terrorist, activities and illicit arms trade in many parts of the world have been depending on drug
trafficking and pose a serious threat to the security and stability of many nations. It has also been
observed by the United Nations that vast profits derived from drug trafficking are being used in
many countries for bribery to prevent the enactment of important anti-drug legislation, to weaken
strong drug control measures, to get the penalties for drug traffickers reduced and to undermine
the community’s determination to rid itself drug traffickers.
While adopting the Declaration on the Control of Drug Trafficking and Drug Abuse n 14th
December, 1984 the General Assembly of the United Nations had described drug abuse and illicit
trafficking as an international criminal activity, and declare that the “illegal production of, illicit
demand for, abuse of and illicit trafficking in drugs impede economic and social progress,
constitute a great threat to the security and development of many countries and people, and
should be combated by all moral, legal and institutional means at the national and international
levels”. On the 24th February 1990, while expressing deep concern over the increase in drug
abuse across the globe, 150 member States of the United Nations made a firm political
commitment to pool in all possible resources, financial and human, into the war against the
production use and smuggling of drugs. They also declared 1991-2000 A.D as a decade against
drug abuse, during which they plan intensify and sustain international, regional and national
efforts to control this menace.
2.3 DRUG CARTELS
Drug cartels are criminal organizations developed with the primary purpose of promoting and
controlling drug trafficking operations. They range from loosely managed agreements among
various drug traffickers to formalized commercial enterprises. The term was applied when the
largest trafficking organizations reached an agreement to coordinate the production and
distribution of cocaine. Since that agreement was broken up drug cartels are no longer actually
cartels in the proper sense of the word, but the term stuck and is now popularly used to refer to
any criminal narcotics related organization, including Colombia, Brazil, Guatemala, Honduras, El
Salvador, Trinidad and Tobago, Jamaica, Dominican Republic, Mexico, Afghanistan and
Pakistan13. Some cartels are establishing themselves in U.S..
13www.wikipedia.com last visited on 6-3-2014 @ 7pm25 | P a g e
Below is basic structure of the drug cartels; in this case, the ones in Mexico:
Falcons (Halcones): Considered the “eyes and ears” of the streets, the 'falcons' are the lowest
rank position in any drug cartel. They are responsible for supervising and reporting on the
activities of the military and of their rival groups.
Hit men (Sicarios)14: They are the armed group within the drug cartel; they are responsible
for carrying out assassinations, kidnappings, thefts, extortions, operating protection rackets,
and defending their 'plaza' from the rival groups and the military.
Lieutenants (Lugartenientes): The second highest position in the drug cartel organization;
they are responsible for supervising the sicarios and halcones within their own territory.
They are allowed to carry low-profile executions without permission from their bosses.
Drug lords (Capos): This is the highest position in any drug cartel; they are responsible for
supervising the entire drug industry, appointing territorial leaders, making alliances, and
planning high-profile executions.
It's worth noting that there are other operating groups within the drug cartels. For example, the
drug producers and suppliers, although not considered in the basic structure, are critical operators
of any drug cartel, along with the financers and money launderers. In addition, the arms suppliers
operate in a completely different circle, and are technically not considered part of the cartel’s
logistics.
2.3.1 Modus Operandi of Drug Cartels in the World
Traffickers started out with much more modest goals. In the mid-1970s, marijuana traffickers in
Colombia began exporting small quantities of cocaine to the United States hidden in suitcases. At
that point, cocaine could be processed for $1500/kilo in jungle labs and could be sold for $
50000/kilo.
Colombia has been home to some of the most violent and sophisticated drug trafficking
organizations in the world. What started as a small cocaine smuggling business has, in the last
thirty years, blossomed into an enormous multi-national cocaine empire. Traffickers today have 14Ibid
26 | P a g e
enough capital under their control to build sophisticated smuggling equipment, such as a high
tech submarine that was recently discovered by the Colombian National Police. Colombian15
cocaine traffickers had hired engineering experts from Russia and the United States to help with
the design of the submarine, which apparently would have been used to secretly ship large
quantities of cocaine to the United States.
The large quantities and the growing appetite for cocaine in the United States led to huge profits,
which the cartel began re-investing into more sophisticated labs, better airplanes and even an
island in the Caribbean where the planes could refuel. The DEA (drug enforcement
administration) and the Colombian National police believe there are more than 300 active drug
smuggling organizations in Colombia today. Cocaine is shipped to every industrialized nation in
the world and profits remain incredibly high.
2.3.2 COUNTRIES WHERE DRUG LORDS ARE IN POWER
Drug trafficking is perhaps the most profitable illegal trade of all time with a value currently
estimated at $400 billion. It’s also the most serious organized crime problem in the world today.
Governments have spent billions upon billions of dollars, not to mention thousands of
lives, combating the illegal drug business, but the results of this worldwide war on drugs
remain mixed.
Despite the successful dismantling of the biggest drug cartels, the killing or arrest of the most
powerful drug lords and drug busts worth billions, the drug business continues to thrive. This is
partly because demand never waned, and partly due to the fact that drug lords continue to
produce and transport their merchandise in certain countries with near-impunity. Unlike in some
countries where you don’t want to get caught with drugs in, drug lords have practically made
these countries their playground, applying a deadly mix of seemingly inexhaustible funds,
15http://www.pbs.org last visited on 7-3-2014 @ 8pm27 | P a g e
corruption at the highest levels of government and an unflinching willingness to use brutal
violence to tighten their grip on the drug trade and their respective countries.
1. Afghanistan
More than 90% of the world’s opium is produced in this country, a major part of The Golden
Crescent16, the name given to Asia’s principal area of illicit opium production covering
Afghanistan, Iran and Pakistan. It is believed that the opium trade flourishes in Afghanistan
because Afghan government officials are said to be involved in at least 70 percent of opium
trafficking in the country. Experts even say that more than a dozen provincial governors have a
direct hand in the production and distribution of opium.
2. Burma
Burma or Myanmar is a pillar of the so-called Golden Triangle, one of Asia’s two main areas of
illicit opium production which also include Laos, Vietnam, and Thailand. It is the world’s second
largest producer of illicit opium. Run by a military junta, Burma’s government has been on paper
trying to eradicate opium production, but its senior officials have been persistently reported to be
involved in the drugs trade, and that drug money continues to pour into government coffers.
Today, the Burmese drug market is dominated by the United States Army. Made up of ethnic
fighters who control areas along the country’s eastern border with Thailand, it is said to be the
largest drug-producing organization in Southeast Asia, and is believed to be an ally of the
country’s ruling military junta.
3. Mexico
Since the beginning of 200817, more than 7,000 people have been killed in the drug-fueled
violence that has practically turned some parts of Mexico into a virtual war zone. Killing civilians
and rivals from other cartels, policemen and soldiers have become commonplace, and the efforts
of the US and Mexican governments to put them down hasn’t yielded any significant results yet.
Equipped with grenade launchers, automatic weapons, body armor, Kevlar helmets, these cartels
16http://blog.thegooddrugsguide.com last visited on 8-3-2013 @ 8:30 pm17http://blog.thegooddrugsguide.com last visited on 10-3-2014 @8:45
28 | P a g e
are some of the most sophisticated and dangerous organized criminal groups ever faced by the
US government.
4. Peru
Peru is the second biggest producer of cocaine in the world, next only to Colombia. Historically,
Peruvian farmers have been growing coca, the raw ingredient for cocaine, since before Spain
colonized the country centuries ago. They continue to do so, considering that coca itself is legal,
but making cocaine from it is not. Nevertheless, studies show that as much as 90 percent of that
coca goes to the production of cocaine, a fact which contributes greatly to the growth of a
multibillion-dollar shadow economy in Peru.
5. Bolivia
Bolivia ranks third behind Colombia and Peru in cocaine production. According to a recent
United Nations report, has allocated 28,900 hectares of its land to coca production in 200718, a
figure that is more than double than what Bolivian law allows. Adding more to Bolivia’s drug
woes is the fact that Bolivian drug lords have become more sophisticated and ultimately violent,
churning out the illegal drug faster through state of the art laboratories, as well as starting violent
turf battles that threaten to turn the country into another Mexico. Apart from being a top cocaine
producer, Bolivia is steadily assuming the role of a major transit point for cocaine shipments
from Peru to Brazil.
6. Bahamas
The tiny island Bahamas sure has a thriving illegal drugs trade. A recently released United States
narcotics report has revealed that more than a dozen drug-trafficking organizations are operating
in this Commonwealth territory. This underlies the central role in drug smuggling that it has
assumed over the last two decades. The Bahamas is a transit point for drugs from Colombia into
the United States.
18Ibid29 | P a g e
7. India
However in India, there are no such organized drug cartels like the one’s mentioned above. But
due to the major trade routes i.e. Golden Triangle & Golden Crescent, there are some
unorganized drug cartels functioning in India at different locations, such as in
AHMEDABAD: The drug racket busted at Ahmedabad19 airport's cargo complex by the DRI is
linked to an international drug cartel. The racket, said the DRI officials, had its headquarters in
Ahmedabad. On Monday, the DRI officials raided the house belonging to the owner of the
courier company involved in the smuggling and recovered another 46 kg of psychotropic drugs.
The DRI probe has found that the parcels seized from the airport were allegedly sent by city-
based Anshanu Export.
NEW DELHI: Delhi Police20 has busted a gang which was using the capital as a transit hub to
supply drugs to western countries. This comes a few months after the crime branch busted a
similar gang that was using various airlines for smuggling drugs. Sources claim that unless the
handlers in Peshawar in Pakistan and Kandahar and Kabul in Afghanistan are not nabbed, these
groups will continue to regroup.
MUMBAI: In the biggest drug bust in the city till date, the Narcotic Control Bureau (NCB) raided
two chemical manufacturing units in Asangaon and Mira Road and confiscated banned party
drugs worth Rs 25 crore. Eight foreign nationals have been arrested making it the third such bust
in India in the last two years in which foreigners have been involved. "Those arrested include six
Iranians, an Indian-origin Dutch national and a Colombian national.
2.3.3 MAJOR TRADE ROUTES FOR TRAFFICKING
The Golden Triangle21 is one of Asia's two main illicit opium-producing areas. It is an area of
around 367,000 square miles (950,000 km2) that overlaps the mountains of four countries of
Southeast Asia: Burma, Vietnam, Laos and Thailand. Along with Afghanistan in the Golden
Crescent and Pakistan, it has been one of the most extensive opium-producing areas of Asia and
19http://articles.timesofindia.indiatimes.com/keyword/drug-cartel last visited on 10-3-2014 @9:30pm
20Ibid21www.wikipedia.com last visited on 11-3-2014 @ 6pm
30 | P a g e
of the world since the 1920s. Most of the world's heroin came from the Golden Triangle until the
early 21st century when Afghanistan became the world's largest producer.
The Golden Triangle also designates the confluence of the Ruak River and the Mekong river,
since the term has been appropriated by the Thai tourist industry to describe the nearby junction
of Thailand, Laos and Myanmar.
Opium and heroin base produced in north-eastern Myanmar are transported by horse and donkey
caravans to refineries along the Thailand–Burma border for conversion to heroin and heroin base.
Most of the finished products are shipped across the border into various towns in North Thailand
and down to Bangkok for further distribution to international markets. In the past major Thai
Chinese and Burmese Chinese traffickers in Bangkok have controlled much of the foreign sales
and movement of Southeast Asian heroin from Thailand, but a combination of law enforcement
pressure, publicity and a regional drought has significantly reduced their role. As a consequence,
many less-predominant traffickers in Bangkok and other parts of Thailand now control smaller
quantities of the heroin going to international markets.
Heroin from Southeast Asia is most frequently brought to the United States by couriers, typically
Thai and U.S. nationals, travelling on commercial airlines. California and Hawaii are the primary
U.S. entry points for Golden Triangle heroin, but small percentages of the drug are trafficked into
New York City and Washington, D.C. While Southeast Asian groups have had success in
trafficking heroin to the United States, they initially had difficulty arranging street level
distribution. However, with the incarceration of Asian traffickers in American prisons during the
1940s, contacts between Asian and American prisoners developed. These contacts have allowed
Southeast Asian trafficker’s access to gangs and organizations distributing heroin at the retail
level.
In recent years, the production has shifted to Yaba and other forms of methamphetamine,
including for export to the United States.
The Chinese Muslim Panthay are the same ethnic group as the Muslims among the Chinese Chin
Haw, both are descendants of Chinese Huimuslim immigrants from Yunnan province in China.
They often work with each other in the Golden Triangle Drug Trade. Both Chinese Muslim and
31 | P a g e
non muslimJeen Haw and Panthay are known to be members of Triad secret societies, working
with other Chinese groups in Thailand like the TeoChiew and Hakka and the 14K Triad. They
engaged in the heroin trade. Ma Hseuh-fu, from Yunnan province, was one of the most prominent
Jeen Haw heroin drug lords, his other professions included trading in tea and an hotelier.A
Panthay from Burma, Ma Zhengwen, assisted the Han Chinese drug lord Khun Sa in selling his
heroin in north Thailand. The Panthay monopolized Opium trafficking in Burma. They also
created secret drug routes to reach the international market with contacts to smuggle drugs from
Burma via south China.
GOLDEN CRESCENT
The Golden Crescent is the name given to one of Asia's two principal areas of illicit opium
production, located at the crossroads of Central, South, and Western Asia22. This space overlaps
three nations, Afghanistan, Iran, and Pakistan, whose mountainous peripheries define the
crescent, though only Afghanistan and Pakistan produce opium, with Iran being a consumer and
trans-shipment route for the smuggled opiates.
The United Nations Office on Drugs and Crime (UNODC) heroin production estimates for the
past 10 years show significant changes in the primary source areas. Heroin production in
Southeast Asia declined dramatically, while heroin production in Southwest Asia expanded. In
1991, Afghanistan became the world's primary opium producer, with a yield of 1,782 metric tons
(U.S. State Department estimates), surpassing Myanmar, formerly the world leader in opium
production. The decrease in heroin production from Myanmar is the result of several years of
unfavourable growing conditions and new government policies of forced eradication. Afghan
heroin production increased during the same time frame, with a notable decrease in 2001
allegedly as a result of the Taliban's fatwa against heroin production. Afghanistan now produces
over 90% of the world's non-pharmaceutical-grade opium. In addition to opiates, Afghanistan is
also the world's largest producer of hashish.
22www.wikipedia.com last visited on 11-3-2014 @ 6:30pm32 | P a g e
The first substantive provisions of the Convention are the definitions section which provides
specific definitions of terms used in the substantive articles of the Convention (these are
examined in the body of this study) or confirms definitions used in the earlier conventions.
Perhaps the 1988 Convention's most significant substantive feature is article 2, entitled `Scope of
the Convention', which asserts state sovereignty in the face of international obligation. Discussed
above in the Chapter One, article 2 is a sign-post to the tensions prevalent in international drug
control, tensions between supply reduction and demand reduction as dominant drug control
strategies, tensions between consumer states and supply states, tensions between intrusive
international intervention and the bulwark of national sovereignty40.
These tensions are also manifested in the rest of the provisions of the Convention. These
provisions form an extensive legal regime for the suppression of the illicit drug traffic.
Examination of this regime will form the bulk of this study. Fleshing out its Preamble, the
Convention requires the enactment of a modem code of drug offences by each Party, including
the offence of money laundering. It makes provision for international co-operation in mutual
legal assistance and confiscation, and eliminates bank secrecy as a barrier to these forms of co
operation. It imposes obligations in the fields of extradition and jurisdiction, and presents Parties
with new opportunities in the ordering of their mutual relations. It provides for innovative law
enforcement techniques such as controlled delivery and facilitates action in difficult
circumstances such as interdiction of foreign flag vessels on the high seas41.
With respect to the final provisions of the Convention, most are standard. But it is worth noting at
the outset that Parties are in terms of article 24 free to impose stricter measures if they are of the
opinion that stricter measures are desirable or necessary for the prevention or suppression of the
illicit traffic and as long as they do not intrude on the national jurisdictions of other states. In
addition, article 25 makes it clear that the provisions of the Convention shall not derogate from
any rights enjoyed or obligations undertaken by Parties to it under the 1961 Convention, the 1961
Convention as amended and the 1971 Convention, thus making it clear that the new Convention
in no way affects existing international obligations assumed by Parties42. Article 31 dealing with 40 www.galecngage/pdf/ last visited on 17/1/201441 Ibid42 1971 Commentary www.undc.org/pdf/convention-1971 visited at 19/1/2014
domestic criminal law than it would otherwise have had. However, the detailing of these
obligations is still unlikely to result in a uniform global illicit drugs law. Each of the foundation
offences set out in the conventions involves attaching a particular verb, such as `sale', to a noun,
usually `drugs' or some type of material used in the drug traffic, with the intention of covering
most of the facets of demand and supply of illicit drugs. Whether this approach covers all the
facets of `illicit drug traffic' is a matter of interpretation. The conventions have on the whole left
the definition of these verbs and thus the definition of the content of the offences to the Parties.
The official UN commentaries and the conference records only provide a supplementary guide
for states about what the international community believes the contents of these offences should
be. These offences were of course drafted with particular activities in mind, and as has been seen,
it is not difficult to give a definition to each of them. But it is possible at the domestic level to
construe each offence to mean something different, and this has happened Loose definition of
non-self-executing international penal provisions inhibits the growth of an international criminal
law of drugs136. This criticism is probably most apposite to offences which Parties find difficult to
adapt their law to, such as the inchoate offences and complicity, where wide domestic variation
necessitated the broadest of provisions. While these provisions successfully accommodate
domestic variation they do not provide a specific and rigorous guide to the Parties on how to
formulate their law. Internationally they make possible a common terminology, not content,
harmony, not uniformity. Broad implementation has been the focus of international law rather
than accurate definition. The international drug control organs have been primarily concerned
with getting states to implement the various offences as broadly defined. It appears that the
classic trafficking offences relating to illicit cultivation, production, manufacture, trafficking,
possession for trafficking and so on set out in all three of the major conventions are fairly
commonly legislated by states, although offences relating to incitement to traffic and purchase for
traffic are not as common The international obligations to criminalize preliminary drug supply
and production actions such as attempts and conspiracy, as well as all forms of participation in
drug production and supply not only by principals but by accomplices, all appear to have been
complied with by states. Some of the more abstract trafficking related offences, most' of which
were introduced in the 1988 Convention137, such as holding of equipment, trafficking in
precursors, money laundering, receiving and or possessing the proceeds. of trafficking are not as
136 See Gregg R W “The united national and the opium problem” (1964) Last Visited at7/2/2014137 1988 Commentary www.treaties.un.org last visited on7/2/2014
traffickers is debatable. The latest financial penalty is asset confiscation. The idea is to confiscate
either the profits or proceeds (the criminal's original investment plus profit) of drug trafficking.
Although attractive because it encourages enforcement to be self-financing, the negative aspect of
confiscation is its effect on innocent parties whose property gets mixed up with the profits or
proceeds of the illicit traffic147.
Other punishments available against supply related offenders include the closure of businesses
and the suspension or removal of licenses from individuals in whose business premises drugs
were being trafficked or used. Corporal punishment is also applied, often by states that apply
capital punishment.
With respect to personal use offences, penal and fiscal punishments remain popular. Demand
reduction measures emphasizing preventive and health care steps backed up by administrative or
penal sanctions, although common in more developed states, may be completely unavailable in
less developed states148. Alternatives to convictions such as police cautions, diversions and
conditional discontinuances are becoming more popular in developed states. The emphasis is,
moving beyond fines, suspended sentences, parole, and probation to the use by administrative
and multidisciplinary tribunals of a range of sanctions such as non-institutional detention,
weekend detention, community service orders, and other short-term measures of deprivation of
liberty. Other such sanctions include temporary prohibitions on freedom of movement and of
association, and temporary withdrawal of rights and benefits such as passport and driving
licenses.
Against this background, let us turn to a discussion of the punishment provisions of the drug
conventions.
4.5.1 Penalty provisions under the 1961 Convention
147 Ibid148 Ibid
103 | P a g e
1 The 1961 Convention's penalty provisions generally
The 1961 Convention's penalty provisions attempt to complement its provisions for offences.
They represent an uneasy compromise between the international system's emphasis on severe
punishment for illicit drug traffickers, the major thrust of the penalty provisions of the 1936
Convention and of CND statements up until 1961, and new, at least in 1961, concerns with the
purpose and nature of punishment149.
2 Penalties for article 36(1) offences
Article 3 6(1) , of the 1961 Convention obliges Parties, subject to their constitutional
limitations ,to provide for in their legislation or through administrative measures for two
standards of punishment. The general standard provides that all the forms of drug related conduct
enumerated in article 36(1) shall be `punishable offences'150. The general standard does not direct
the Parties to do anything other than punish the offender. How they choose to do so is at their
discretion.
The specials provide that `serious offences shall be liable to adequate punishment particularly by
imprisonment or other penalties of deprivation of liberty. ' There are three variables here, all to be
defined by the Parties.
First, the Parties determine whether or not such an offence is `serious' and thus liable to
punishment by imprisonment or some other form of deprivation of liberty. Obviously, what is a
`serious' offence may be viewed differently in different legal systems, thus the selection of
offences themselves will almost certainly be different.
Second, the obligation to apply `adequate' punishment to these `serious' offences does not
stipulate what is adequate. This means that different Parties will apply different punishments for 149 1961 Commentary www.undc.org/pdf/convention-1961 last visited on9/2/2014150 Ibid