Syed Junaid Hashmi
JAMMU, Dec 12: With Just 3 percent conviction rate, 11 percent disposal rate and when the Narcotic Drugs and Psychotropic Substances Act-1985 allows; what stops Jammu and Kashmir government from attachment and seizure of the properties belonging to the individuals suspected to be involved in drug-related offenses?
If properties of terrorists or their sympathizers can be seized under various sections of amended UAPA, commoners in Jammu and Kashmir have begun asking why the Union Territory government is reluctant to act against those involved in drug trafficking and sale of narcotics?
Data available with Jammu and Kashmir Police indicates that of the 4066 cases registered under Narcotic Drugs and Psychotropic Substances Act-1985; a meagre 478 cases were disposed-off by the courts from the Year 2019 to 2022 i.e. 11 percent of the total cases registered. Of these, 147 (3 percent) ended in convictions and in 281 cases (6.91 percent), the accused were acquitted due to lack of evidence or faulty investigation, which clearly shows that acquittal is on the higher side.
In the wake of this harsh reality, observers and experts maintain that while the act is stringent and strong, the implementing agencies are unable to take the cases to the logical conclusion under NDPS Act due to faulty investigation and lax attitude of the investigating officers. However, a day after assuming the charge, DGP J&K Police R.R.Swain talked about zero tolerance towards involved in Drugs and Narcotics trade during a series of meetings in border district of Rajouri.
A hard task master, Swain is known for his no-nonsense attitude. Observers maintain that he will have to revamp the entire system of dealing with cases under NDPS act to make sure that those even thinking of drug peddling and narcotics develop the fear of facing grave consequences. “People should have fear of law. The fear of consequences is what stops most of us from following through with actions that could be considered wrong or inappropriate,” said a retired Police officer seeking anonymity.
“Swain is the man but he needs to create a mechanism which he is capable of. The mechanism or system should remain in existence even after he demits the office. Need of the hour is creation of an effective mechanism against drug trafficking and narcotics being smuggled from across the border, so that those arrested are convicted,” added the officer.
According to the data available on the website of Narcotics Control Bureau (NCB) of India; 111 cases have been registered in Jammu and Kashmir by NCB alone and 169 arrests have been made so far of the individuals involved in the drug trafficking and sale of narcotics from January 1, 2018 to May 31,2023. During this period only; NCB seized 20.44 Kg of Ganja, 21.93 kg of Hashish, 15.53 Kg of Heroin, 0.25 kg of Opium, 571 kg of Poppy Husk and Poppy Straw, 128 injections, 2128 CBCS bottles and 10, 325 tablets.
Apart from NCB, Jammu and Kashmir’s Anti-Narcotics Task Force (ANTF), a specialized unit of J&K police to check the rising menace of drugs claimed on September 29, 2022 that it has arrested 1,232 drug peddlers and lodged 867 FIRs since its inception in 2020. According to official data, 574 drug peddlers were arrested in 2021 and 658 in the first nine months of 2022.
In just nine months of year 2022, 84 more FIRs were registered in drug peddling cases than in 2021. ANTF has repeatedly said that there are frequent seizures of consignments of heroin coming from Pakistan and while a portion of the drugs coming from Pakistan is sold in Kashmir, the rest is transported into other parts of India.
“61.02 kg of deadly Heroin was seized in the first three quarters of 2022 while 6.03 kg of heroin was seized during the same period last year,” the data reveals, indicating a steep rise in heroin smuggling cases in the union territory. More recently, a report appeared in Jammu and Kashmir’s leading daily; Daily excelsior in which quoting sources, it had been claimed that since May 29, 2023; ANTF had registered 11 cases and recovered and seized 22.985 kg of Charas, 236.922 kg of Poppy Straw, 200 bottles of Codeine Cough Syrup, 216 Spasmo Proxyvon Capsules, and 900 Alprazolam Capsules.
It had further claimed that during these targeted operations; ANTF arrested 16 individuals from Punjab, West Bengal, Delhi, Gujarat, Mumbai, and Jammu and Kashmir, with two women among them. Despite rise in the number of cases and arrests being made by both NCB and ANTF alongwith local police in both the regions of Jammu and Kashmir; cases against those arrested taking time in reaching to the conviction stage and even some reach, statistics clearly indicate, conviction is rare.
Stating that investigations in narcotics cases are often half-hearted for various reasons, Delhi High Court on December 8, 2023, said that the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, must be implemented effectively. Justice Vikas Mahajan said that in order evade enforcement authorities, the drug traffickers take recourse to the most ingenious and devious ways of trading illicitly in narcotic drugs and psychotropic substances.
“Investigations are often half-hearted, for various reasons including underhanded deals. Illicit business in and consumption of narcotic drugs and psychotropic substances is endangering the social and economic stability of India as well as that of developing countries, adversely affecting the health of people. Therefore, the provisions of the NDPS have to be effectively implemented,” court said. This is not happening in Delhi only. Similar complaints surface in J&K also.
This is despite the fact that Narcotic Drugs and Psychotropic Substances Act, 1985; which is aimed at regulating and controlling narcotic drugs and psychotropic substances covers wide range of offenses, including cultivation, production, manufacture, possession, transportation, sale, and purchase of narcotics and psychotropic substances. The act has stringent provisions for attachment, seizure, and forfeiture of property of the accused, but these provisions are hardly put to use for the reasons best known to those at the helm of affairs.
Act allows the authorities to attach any property that is suspected to be involved in drug-related offenses and this attachment can be made by investigating officer if he has reason to believe that the property is the proceeds of crime. Attachment can be made before or after the initiation of prosecution against the accused. The only requirement is that the officer attaching the property must prepare an inventory of the attached property.
Not only this, the act allows seizure of property by the investigating officer during the course of the investigation if he has reason to believe that the property is involved in drug-related offenses. The act clearly says that the seizure can be made with or without a warrant. And again, the only requirement is that the officer must prepare an inventory of the seized property.
While the officers have the power to attach or seize the property of the offender, Court may order forfeiture of property if it is satisfied that the property is involved in drug-related offenses. The forfeiture can be ordered even if the owner is not convicted of the offense and property can be forfeited to the government or to any authority prescribed by the government.
The procedure for forfeiture of property involves several steps. If the property is attached, the investigating officer must submit a report to the court within 180 days. Court must then hold an inquiry to determine whether the property is involved in drug-related offenses and if the court is satisfied that the property is involved in drug-related offenses, it can order forfeiture of the property.
The Act also provides for the appointment of an administrator who can manage the forfeited property until it is disposed of by the government. Administrator is responsible for ensuring safety and preservation of the property and for taking all necessary steps to dispose of the property. Overall, The Narcotic Drugs and Psychotropic Substances Act, 1985 provides for stringent measures to deal with drug-related offenses, including the attachment, seizure, and forfeiture of property. But will the state show the will to implement the act in its totality is a big question?
