precursor concept PPT notes

• 
  Precursor conceptIndian scenario
  Sharada Avadhanam
  i/c DD[FS]
  Course Director
  
• Definitions:
  Precursor: is a material that is specific and critical to the production of a finished chemical. It is incorporated into the drug [ end product] molecule itself and it contributes to a major portion of the final molecular structure of the drug. The term immediate precursor is usually applied to precursors which are only one reaction step away from the end product. Ephedrine is precursor to methamphetamine.
  
• Essential chemical: an essential chemical that takes part in a reaction and contributes to a minor portion of the end product’s molecule. It is a very widely used as a reagent solvent or catalyst for chemical reactions. Certain essential chemicals may also be used as precursors. Acetic anhydride is a reagent for cocaine synthesis and a precursor for heroin, meth and methaqualone.
  
• Definitions..
  Reagent: a reagent is a chemical used to produce a reaction generally with one or more precursors. It contributes to only a very small portion of the end product, if any. To produce a given reaction, numerous reagents may be substituted for one another. E.g. HCl. KMnO4, H2SO4.
  
• Solvent: a solvent is a liquid used to solubilize reagents and is used as a carrier during a reaction. It does not react and is not incorporated into the drug’s molecular structure. It is also used to purify the end product. E.g.: acetone solvent for amphetamine; cocaine, heroin, MDMA
  
• Catalyst: a catalyst is a substance that enables a reaction to take place more rapidly. It may increase the yield of the end product without however becoming part of the latter’s composition. Catalysts are generally used in small quantities.
  
• South Asia..
  Flanked by
  South west Asia – production of smoking grade heroin – Golden Crescent – Pakistan Afghanistan
  South east Asia – injectible white heroin and amphetamines – Golden Triangle.- Myanmar , Thailand .
  Both lack in capabilities to produce precursor chemicals
  
• South Asia
  Has vibrant chemical industry which manufactures most of the chemicals needed which also have a licit use.
  Hence drugs like ephedrine pseudo ephedrine and acetic anhydride are smuggled from South Asia to these countries for illicit use.
  
  
• Precursor project..
  January 1996
  Regional project for control of precursor chemicals was launched by
  UN international Drug Control Programme – ROSA
  Covering SAARC countries – India, Pak, Nepal, Bhutan, Bangladesh, Srilanka, Maldives
  
• Need-a comprehensive strategy.
  To increase awareness about precursor chemicals and their control among law and policy makers in project countries.
  Precursor control legislation doesn't even exist in some countries
  Legislation needs strengthening in some countries
  Shortage of trained law enforcement officers to deal with global, regional and national trends in diversion of precursor chemicals
  
• Precursor control
  International strategy to reduce availability of drugs
  Denies traffickers access to chemicals to produce illicit drugs
  
• Drugs classification
  Natural – opium, coca , cannabis, marijuana , hashish.
  Semi synthetic – heroin, cocaine
  Synthetic drugs – ATS, Mandrax, MDMA [Ecstasy], MDE, MDA.
  Most abused are synthetic or semi synthetic
  Cannot be made without precursor chemicals
  
• Name..
  Essential chemicals in trade and industry
  =
  precursor chemicals in drug control parlance.
  No chemical = no drug
  Dual use..
  Licit 90% use
  Illicit 10% use
  
• Ephedrine – cough syrup and methamphetamine
  KMn04 – purify water- use in coca paste
  Acetic anhydride – pharma, textile, leather and heroin
  Control has to allow licit use without hindrance
  And yet find ways to deny supply to illicit use.
  No ban but regulate
  
• International framework..
  UN
  Convention on ND 1961
  Convention on PS 1971
  Convention of precursors 1988
  
• 1988 CONVENTION
  TWO TABLES OF PRECURSORS
  Originally 12 in both tables to 23 presently
  14 in table 1
  9 in table 2
  
• Tables..
  
• Important elements of control regime..
  Establishment of acts relating to precursor chemicals as criminal offence - 3
  International cooperation and training - 9
  Controlled delivery - 11
  Legislative regulatory administrative measures to monitor domestic and international trade -12
  Measures to free ports and free trade zones- 18
  Stricter measures than prescribed -24
  
• Article 3. offence ..
  Under domestic law
  Manufacture
  Possess
  Transport
  Distribute
  Equipment
  Materials
  Substances
  Listed in table 1 and 2
  Knowing the illicit purpose [mens rea]
  
• Article 9 – international cooperation and training..
  Real time / fast Channels of communication
  Cooperate in conduct of enquiries
  Allow joint operations
  Samples for analysis and investigation
  Effective coordination
  Exchange of personnel
  R&D
  training
  
• Article 11 controlled delivery
  Controlled delivery where appropriate at international level
  On mutual arrangements and agreements
  On case by case basis
  Controlled delivery At international level [Article 11: 1988 convention]
  It is a technique of allowing passage of illicit or suspect consignments
  Consignments have to be of contraband -NDPS or precursor chemicals. The contraband may be substituted.
  Passage may be allowed out of /through or into the territory of one or more countries
  Passage is allowed with the knowledge and under the supervision of CA
  resorted to in order to identify persons involved in the trafficking.
  permissible under Indian law
  allowing illicit or suspect consignments of NDPS for them to pass out or through or into the territory of India with the knowledge and under the super vision with a view to identifying the persons involved in the commission of an offence under this act.
  
• CD..
  The technique of controlled delivery is gradually gaining greater acceptance world over. Due to:
  Drug trafficking including diversion of precursor chemicals has become a truly transnational organized crime. It needs international cooperation and action of CA in tandem
  Trafficking in controlled substances is carried out in such a manner that safe ‘cutouts’ are provided-for to frustrate the progress of investigation beyond certain point. Controlled delivery alone can best unravel the chain beyond a ‘cutout’ point.
  A carrier of contraband prematurely is intercepted, even if he knows, may not disclose his links during interrogation or may even misleads. Controlled delivery may lead to uncovering of such links in the chain.
  
• Types of controlled deliveries:
  The type is case - wise.
  classified on the basis of whether CD is
  without the knowledge of the carrier / person or
  with his knowledge and cooperation.
  
• The cold convoy
  without the knowledge of the carrier of the contraband is called the ‘cold convoy’.
  Eg: cargo or carried as cabin or unaccompanied baggage.
  
• Article 12 monitoring mechanism
  Monitor domestic manufacture and distribution
  Through a system of
  Licenses and permits
  System to monitor international trade in precursor chemicals
  Seizure if evidence of illicit use
  PEN – pre export notification to importing country and transit country
  Monitor at domestic level
  
• Control all persons and companies engaged in manufacture and distribution of table 1 and 2 substances
  Require license for premises for manufacture or distribute of table 1 /2
  Permit to manufacture / distribute
  Prevent accumulation beyond normal need
  
• In India, there is no License Permit Raj, only record based control on day to day activities , reporting of shortages and quarterly reports.
  Storage and transport permit if within 100 km of indo Myanmar border and 50 km of indo pak border.
  Srilanka, Bangladesh, Nepal, Bhutan border excluded
  
• Monitor international trade
  System to monitor international trade and identify suspicious transactions
  Seize if evidence of illicit use
  Notify competent authorities concerned
  Ensure proper labelling and documentation of commercial docs – invoice, cargo manifest, customs docs, transport docs. Shipping docs – give correct name of substance as in tables- give name of importer and consignee
  Preserve docs for 2 years
  Notify the competent authority of importing country for table 1 or 1 and 2 substances as requested by the importing country.
  
• Article 18 Free Trade Zones and Free Ports
  Apply equally stringent measures
  In FTZ and free ports
  As in other areas of the country
  Monitor movement of goods / persons
  Empower CA to search cargo, vessels, aircraft, vehicles, persons
  System to detect suspected consignments passing in / out
  Establish surveillance system in harbour and dock areas.
  
• Article 24 stricter measures than prescribed..
  
• Article 12 – para 10[a] – requires parties to notify issue of PEN only for table 1
  Many countries have notified tables 1 and 2 including india.
  INCB mandate
  Licit –ensure adequate supply
  Stop leakages
  Estimates system for ND
  Voluntary assessment system for PS
  Statistical returns for international trade
  Monitor govt control over NDPS/ precursors
  Assist govts
  
• INCB
  ILLICIT
  Identify weakness in national and international control systems
  Correct
  Assess chemicals used to illicitly manufacture drugs for possible international control.
  INCB
  Established a data bank to control and monitor international trade in precursors
  Dialogue with govts
  Training programs
  Regional training seminars
  Role in UN
  Competent national authority
  Issue PEN
  Conduct enquiries on notifications received for exporting countries
  Real time interface with INCB/CA of other countries
  Assist in investigation
  Furnish reports and returns to INCB
  Role in mutual legal assistance
  
• Article 7 – offer widest measure of mutual legal assistance in investigation prosecution and judicial proceedings.
  Designate authority to execute requests for mutual legal assistance or to transmit them to CA for execution
  Role in PEN
  PEN important tool in diversion of precursors
  Ensure PEN issued wherever required
  Verify the antecedents of importers
  Verify the genuineness of transactions
  Determine whether a consignment should be stopped or allowed to proceed.
  
• Mutual legal assistance .. For..
  Taking evidence or statements
  Effecting service of judicial docs
  Execute search seizure
  Examine objects sites
  Provide info and evidence items
  Provide originals certified copies of relevant docs/bank records
  Identify / trace proceeds property instrumentalities for evidence
  Facilitate availability of persons in other country to assist investigation
  with guarantee of immunity from proceedings.
  Info to be contained in a request for mutual legal assistance
  identity of authority making request
  Subject matter and nature of investigation prosecution proceedings
  Name and functions of authority conducting such investigation etc
  Summary of relevant facts except in case of service of judicial docs
  Description of assistance sought
  Details of procedure to be followed
  Identity location nationality of person concerned
  Purpose for which evidence info or action sought
  
• India..
  India:Precursor control laws are:
  1. Customs act 1962
  2. NDPS act 1985
  3. Foreign trade [development and regulation] act 1992.
  
• Section 11-1 of the customs act empowers state to specify goods which are restricted in areas prone to smuggling and the areas in which the goods are specified. Acetic anhydride has been brought under the control of this section in an area of 100 km along indo Myanmar border in 1988 and has been notified in an area of 50 km along indo pak border in 1991. i.e.
  Anyone acquiring acetic anhydride whose value exceeds Rs.15000/= should beforehand intimate the jurisdictional customs officer about the proposed place of storage.
  Transportation within the areas should be accompanied by transport voucher
  anyone possessing acetic anhydride of value above Rs.15000/- should maintain accounts
  Shortage of acetic anhydride presumption that the quantity found short was illegally exported.
  Except in case of payment by cheque seller/ transferor to take the signature and full address of the buyer.
  The seller has to satisfy himself regarding the identity of the buyer in case of fictitious buyer presumption that acetic anhydride has been illegally exported.
  
• NDPS act 1985:
  Precursors are called controlled substances.
  
• S/9A empowers the govt to issue an order prohibiting or regulating the production manufacture supply and distribution thereof and trade and commerce of any of the controlled substances.
  
• S/25A prescribes a punishment of upto 10 years and fine of Rs.100000/- for any violation of an order issued under s/9A.
  
• Five precursors notified as controlled substances: Acetic anhydride; N acetyl Anthranilic acid; Ephedrine; Pseudo ephedrine; Anthranilic acid
  
• one order issued under s/9A- introduces a record based control over the precursors. i.e.
  
• All to maintain a daily record of activities. ; send quarterly returns- NCB [form 4/5]
  
• Loss be reported .
  transported only accompanied by a consignment note or by a bill of entry .
  
• All tankers - sealed with tamper proof seals.
  
• If transported from one zone to another- send a quarterly return [form 6] .
  
• The seller - sell only after the buyer established his identity ..
  
• All container be truth fully labelled.
  
• Schools colleges, universities, govt institutions, science societies and hospitals are exempt form maintaining records and sending reports.
  
• All records preserved for two years.

flow charts

Annexure
ABBREVIATIONS:


ATS Amphetamine Type Stimulants
CND Commission on Narcotic Drugs
DMT Dimethyltryptamine
ECOSOC Economic and Social Council
HCl Hydrochloride
ICPO=Interpol=International Criminal Police Organization
INCB International Narcotics Control Board
LSD Lysergic Acid Diethylamide
MDA 3,4-Methylenedioxyamphetamine
MDE 3,4-Methylenedioxyethamphetamine
MDMA 3,4- Methylenedioxymethamphetamine
NOC No Objection Certificate
PCP 1-(1-phenylcyclohexyl) Piperidine – also known as phencyclidine
PEN Pre-Export Notification
TCP 1-[1-(2-thienyl)cyclohexyl] Piperidine- also known as tenocyclidine
UNODC United Nations Office on Drugs and Crime
WCO World Customs Organisation


Annexure : Properties of chemicals

Acetic anhydride
Corrosive
Vapor that emanates irritates the ENT
Can react vigorously wit oxidizing materials
Reacts violently on contact with water or steam

acetone
Highly inflammable
Skin and eye irritant
Inhalation and ingestion produce headache dizziness and vomiting

N acetyl Anthranilic acid
Harm ful if swallowed

Anthranilic acid
Harmful if swallowed
Irritating to eyes and respiratory tract

ephedrine
Harmful if swallowed

Ergometrine/Ergot amine
Highly toxic
Ingestion results in vomiting diarrhea, unquenchable thirst, confusion and unconsciousness
Chronic poisoning arises from ingestion of grain contaminated with ergot.

Ethyl ether
Extremely flammable
May form explosive peroxides
Mildly toxic by inhalation moderately toxic by ingestion
Skin and severe eye irritant

HCl
Strongly corrosive
Vapours irritate mucous membrane
Severe exposure results in pulmonary edema

Iso safrole
Moderately toxic by ingestion
Poisonous by parentaral routes
Experimental carcinogen and tumourgen. Skin irritant.
When heated to decomposition, it emits acrid smoke and fumes

Lysergic acid
Highly toxic
Ingestion àvomit,diarhoea, unquenchable thirst, confusion , unconsciousness

3,4methylenedioxy phenyl -2propanone methyl ethyl ketone
Skin eye irritant
Highly inflammable
Inhale/ ingest àhead ache, dizziness, vomiting

Nor ephedrine/Pseudo ephedrine
Harmful by inhalation, ingestion, absorption
Eye skin respiratory irritant

precursor laws

CHAPTER 10
Precursor laws

The legal basis for precursor control emanates from the three UN conventions:
1. Single convention on narcotic drugs 1961
2. Convention on psychotropic substances 1971
3. UN convention against illicit traffic in NDPS 1988.
The first two urged states to ‘use their best endeavors to apply measures of supervision as may be practicable’ to substances used in the illicit manufacture of NDPS drugs.
The third convention of 1988 dealt with precursor control extensively. It listed substances in tables I and II and laid down framework for such control. Article 3 requires states to criminalize certain acts such as manufacture, transport, distribution of substances listed in tables I and II while knowing that they are meant for production of illicit drugs. It requires states to declare it an offence to be in possession of these substances in the knowledge that they are meant for illicit manufacture of drugs an offence.

Article 12 requires states to:
1. Control manufacturers and distributors of precursors.
2. Require licenses for their operations
3. Introduce a system of permits
Prevent accumulation of precursors beyond actual need.

On international trade, this article recommends states to:
1. Monitor and identity suspicious transactions
2. Seize if there is evidence of diversion for illicit use
3. Notify the competent authorities of the parties concerned.
4. Ensure proper labelling
5. Ensure records are preserved for atleast two years.
This convention encourages states to use the technique of controlled delivery [ article 11] to apply to measures to FTZs and free ports measures as strict as other areas[ article 18] and to take stricter measures than those prescribed under the convention [ article 24].
India:
Precursor control laws in India were framed in considering both the needs of the society and the nation’s obligations under the international conventions. They are:
1. Customs act 1962
2. NDPS act 1985
3. Foreign trade [development and regulation] act 1992.
Section 11-1 of the customs act empowers state to specify goods which are restricted in areas prone to smuggling and the areas in which the goods are specified. Acetic anhydride has been brought under the control of this section in an area of 100 km along indo Myanmar border in 1988 and has been notified in an area of 50 km along indo pak border in 1991. i.e.
Anyone acquiring acetic anhydride whose value exceeds Rs.15000/= should beforehand intimate the jurisdictional customs officer about the proposed place of storage.
Transportation within the areas should be accompanied by transport voucher
anyone possessing acetic anhydride of value above Rs.15000/- should maintain accounts
Shortage of acetic anhydride presumption that the quantity found short was illegally exported.
Except in case of payment by cheque seller/ transferor to take the signature and full address of the buyer.
The seller has to satisfy himself regarding the identity of the buyer in case of fictitious buyer presumption that acetic anhydride has been illegally exported.

NDPS act 1985:
Precursors are called controlled substances. S/9A empowers the govt to issue an order prohibiting or regulating the production manufacture supply and distribution thereof and trade and commerce of any of the controlled substances. S/25A prescribes a punishment of upto 10 years and fine of Rs.100000/- for any violation of an order issued under s/9A.
Five precursors notified as controlled substances:
Acetic anhydride
N acetyl Anthranilic acid
Ephedrine
Pseudo ephedrine
Anthranilic acid
Only one order has been issued under s/9A. This order introduces a record based control over the precursors. i.e.
All the manufacturers [form 1] distributors’ sellers importers exporters or consignors [form 2] should maintain a daily record of activities. They should send quarterly returns to the jurisdictional zonal director of the NCB [form 4/5]
Loss of disappearance should be reported to the director general. NCB and a copy of the report should be sent to ZD, NCB.
Controlled substances can be transported only accompanied by a consignment note [ form 3] issued by the consignor or by a bill of entry if its is being transported from the port of import to the first destination
All tankers carrying controlled substances hold are sealed with tamper proof seals.
If transported from one zone to another, the consignor has to send a quarterly return [form 6] to the zonal director NCB in whose jurisdiction the consignee falls.
The seller of controlled substances cannot sell it unless the buyer established his identity though some documents.
All container carrying controlled substances should be truth fully labelled.
Schools colleges, universities, govt institutions, science societies and hospitals are exempt form maintaining records and sending reports.
All records should be maintained / preserved for two years.
Foreign trade development and regulation act 1992 and the EXIM policy:
The export import policy EXIM policy under the above act lays down restrictions on imports and exports of various commodities. Any changes in the policy are made by the govt through public notices. Import and export of precursor chemicals in India are also regulated through this mechanism.
Acetic anhydride, ephedrine and pseudo ephedrine. [PUBLIC NOTICE no 79 dated 2.1.1996] a NOC from the narcotics commissioner of India is an essential prerequisite for export of above three chemicals. This NOC is required individually for every export. On application of NOC the commissioner issues a PRE EXPORT NOTIFICATION [PEN] to his counter part in the importing country and waits for a reasonable time for confirmation of the genuineness of the export before issuing an NOC.
Potassium permanganate, 1 phenyl 2 propanone, 3,4, methylene dioxy phenyl 2 propanone and methyl ethyl ketone.
Under public notice no 35 dated 1.9.1998 the export of these four items requires a NOC from narcotics commissioner.
Import of acetic anhydride, Ergometrine ergotamine and Piperanol:
Import of above requires a NOC as per public notice no 28 dated 18.8.1999. The narcotics commissioner verifies the genuineness of the import requirement before permitting it.

The GOI has so far notified acetic anhydride, n acetyl Anthranilic acid ephedrine pseudo ephedrine and Anthranilic acid as controlled substances. Anthranilic acid was brought in due to its use in manufacture of methaqualone.

Acetic anhydride: installed capacity is 70000 MT mostly in UP. It is used in pharma, dyestuff and textiles industries in Gujarat and Maharashtra. The transport corridor is north India to west India through states of UP, Delhi, Rajasthan, MP and Gujarat. Earlier the trafficking was across indo pak border which has given way to illicit methaqualone industry within India recently. Domestic illicit heroin industry accounted for significantly lower volumes. Low diversions from international trade have been reported.
Trends:
A majority of the seizures were related to diversions during domestic transportation
Most of these diversions were intended to supply the illicit methaqualone and mandrax industries
In order to cover the storage and transportation of diverted consignments these were described as ‘other chemicals’ such as ‘acetic acid’ which are not controlled under NDPS act
Fictitious and non existent company names and consignor / consignee addresses were used to cover the storage and transport of diverted consignments.
Although the major transport corridor for acetic anhydride passes through the opium growing areas of MP and Rajasthan and pilferages in transit were noticed seizures related to the illicit manufacture of heroin constituted a very small percentage of overall seizures.
There are not reports of or cases related to the physical smuggling of acetic anhydride across the land borders to either Pakistan or Myanmar.
While no case of sea bone smuggling was reported attempts were made to export acetic anhydride in misdeclared maritime cargo consignments. Dubai was used as a transit point in such operations.
The complicity of manufacturing or industrial consuming units in diverting acetic anhydride for the illicit manufacture of NDPS was not noticed.

EPHEDRINE:
India produced 500MT p.a. most of this is concentrated in south India in TN, AP, Karnataka. Major consumption of ephedrine is in pharma for nasal decongestants and bronchodilator drugs for asthma.
Ephedrine is intended exclusively for supply the illicit ATS industry in Myanmar. The consignments are diverted to staging points in north east and then smuggle across border to Myanmar. The route is from south India to kolkata and guwahati and then to border areas for eventual illegal export to Myanmar.
Major features and trends:
A popular modus is to book consignments of ephedrine by train using fictitious and non existent consignor / consignee names and addresses.
The principal transport route is south India to east and north east like kolkata and guwahati.
Circuitous routes from Chennai to Delhi and then to kolkata are used for road transportation of diverted consignments.
The land routes to Myanmar are the principal trafficking trails although there are unconfirmed reports of misdeclared exports by sea.
A network of Tamil expatriates in Myanmar people of Tamil origin living on the indo Myanmar border and Tamil returnees from Myanmar dominates the trafficking of ephedrine from India to Myanmar.
The addresses of defunct consuming units are used to procure ephedrine from the manufacturing units.
Client credentials have in some cases not been adequately verified by manufacturing units.
Fictitious addresses expired industrial registrations are used by traffickers to obtain ephedrine from manufacturers.
The controls mandated under NDPS act are essentially record based in character. They require maintenance of contemporary accounts, the submission of prescribed returns, transportation under stipulated documentation, the immediate reporting of losses and client identification, but do not envisage licensing registration or pretransaction permission.
The system allows a window of opportunity to the trafficker. The prevention of diversion of precursors will continue to depend on the thoroughness of record based and documentation audits and the cooperative partnerships police are able to build up with trade and industry. 99% of the trade in precursors in India is legal and should not be interfered with while less than 1% of the precursors are used in the manufacture of drugs.
Clarifications:
Possession per se of controlled substance is not an offence. The possessor can be asked as to why he bought it and why he is keeping it. Unexplained possession needs to be dealt with as per law. Rajasthan HC ruled that mere possession is not an offence.
Possession of small quantities of controlled substance need not be a matter of prosecution but of questioning for motives and need. If prosecuted it is for the defence to show there was no mens rea.
Increase in seizures in taken as indicator of increase in trafficking in drugs. A GOI estimate is 20% of total production is diverted for various purposes some not all of which may be illicit drug manufacture.
Inadequate training and updation of knowledge of drug law enforcement officers in legal procedural requirements is the foremost reason for inadequacies and procedural lapses during searches seizures and investigations leading to acquittals.
Instances of implication of innocent people in NDPS cases is also noticed in UP.
Several deficiencies were notices in investigations:
Investigations by unauthorized persons.
Seizing officer being senior to investigating officer leading to loss of impartiality by IO.
Search of vehicle stationed in premises without search authorisation.
Female officers not present in search of a house where there are females
IO not complying with the mandatory requirements of law
All the officers present at the spot not signing the recovery memo/ panchnama
Place of recovery is changed by the prosecution.
Seal on the seized consignment is tampered with
Seal is not handed over to the public witness
The samples drawn are not the representative samples of the entire quantity
Delay in sending representative samples to the lab
Test memos are not being sent in a sealed cover
Test memos are not drawn at the spot
The case property is not kept in sage custody till its production in the court
Test report is not filed along with challans and the authorities are not applying for pretrial disposal of the case properties
Registers of malkhanas are not being produced in the court
Inadequate evidence to ling to consignment to the suspect.
On the issue of whether charges should be framed based on the total quantity of drugs seized or the actual amount of drug contained considering the purity there is a debate.
Enforcement officers are not applying for pre-trial disposal which is essential to prevent diversion and solve storage problems.
On the issue of accountability for failure in prosecution, the investigating officer should be accountable if the court acquits a person because he is falsely implicated. Bonafide legal procedural technical lapses should not form the basis for action against the officers.
Enforcement agencies face many difficulties in the implementation of the NDPS act which can be classified into [i] legal [ii] field work related.
LEGAL DIFFICULTIES:
· difficulties in finding independent witnesses during search and seizures due to
o threat from the accused
o long periods of time taken in attending courts
o Lack of concern for the drug problem.
o Bribed by accused to turn hostile in court.
o Since nakas are many it is difficult to associate an independent witness at every naka.
o The law requires an independent witness even to search a vehicle or a person during a naka check.
· Unauthorized Possession of precursor chemical is not an offence: as per section 9A, 25a and 54 of NDPS act.
· The law only requires manufacturers, importers, exporters, consumers and dealers to maintain records and file reports to zonal director of NCB.. The seller only is responsible to ensure the identity and purpose of the buyer. He is under no obligation to intimate the purpose of the buyer to the zonal director of NCB.
· If there is shortage of the precursor chemical, there is no adverse presumption against the person regarding it has been diverted for illicit use. Neither the person found with excess stocks nor one found with deficient stocks can be prosecuted under the law.
· Bail: courts cannot grant bail to accused under s/19.24, 27A and for offences involving commercial quantities. The ‘commercial quantity’ applies only to drugs and not to precursor chemicals.
· Pre trial disposal: section 52A provides for pretrial disposal of the NDPS but not of controlled substances. Precursor chemicals re useful to the society and their early disposal avoids deterioration minimize wastage and contributes to the exchequer.
· Disposal of vehicle: vehicles are also seized along with the material. Section 52a of pretrial disposal does not apply to vehicles and vehicles keep lying in the agency for years till case if disposed off.


Field work related difficulties:
· Drug detection kits: cost Rs3200 to 3500 each and have a shelf life of 6 months. Police do not have funds for kits and when supplied they expire within 3-4 months. Field officers are not trained in using these kits. Adequate supply of kits quick disbursal and training are essential for effective use of kits. Funding needs to be taken care of.
· Lack of training in identification of precursors: most police officers are not aware about precursors. Fewer have seen them. Even if they find a precursor is diverted or transported they may not even realize the significance of it. They need practical training in ID and significance of diversion.
· Report of doctor u/s 27 NDPS act: consumption of NDPS is a crime but no IO knows how to prove it. Doctors in govt hospitals are not trained in identifying whether the suspect consumed drugs. By the time doctor gets time to test the suspect it is too late to get an accurate report. Doctors give opinion on the general medical condition of the accused which does not help in prosecuting the case in courts.
· Malkhana: NCB issued instructions on storage and disposal of seize drugs. These instructions require such drugs are stored in a proper malkhana under the supervision of a Gazetted officer. Police do not follow these instructions and store them in the malkhanas at the police stations which have inadequate storage facilities with little security.
· Secret service funds: funds for intelligence gathering are grossly inadequate as compared to the need to bust a syndicate.
· Rewards are a major incentive both to the informers and officers. But no reward is given for seizure of precursor chemicals.
· Long time in completion of trials: special courts of NDPS case exist. They are also burdened with other cases in some states. This causes delay in NDPS cases.

Supreme Court decisions:
Conspiracy can rarely be shown by direct proof. It must be inferred form circumstantial evidence of cooperation between the accused. Prosecution must show that the agreed with others that they would together accomplish the unlawful object of the conspiracy. It is the intention to promote a crime that lands conspiracy its criminal cast. One who enters a conspiratorial relationship is liable for every reasonably foreseeable crime committed by every other member of the conspiracy in furtherance of its objectives, whether or not he knew of the crime or aided in their commission. What is important is that the crime was performed as a part of a larger division of labour to which the accused had also contributed his efforts. In conspiracy prosecution hearsay evidence rules are loosened. Any declaration by one conspirator made in furtherance of a conspiracy and during its pendency is admissible against each co conspirator. [State Of Maharashtra Vs Somnath Thapa 1996] prosecution should establish the chain of acts by each of the accused in achieving its ultimate objective of procuring controlled substance and aiding and abetting the export of the same illegally by performing their respective parts in the chain. Confession full of facts and minute details would show that it was not a result of torture or compulsion. [Henry West Mullar Vs State of Assam 1985]. Confession before a customs officer is not the same as before a police officer and hence admissible in evidence [Naresh Sukhwani Vs Union of India 1996]. Retraction of confession was inadmissible and would still bind the accused [Surjeet Singh Vs Union of India 1997].

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Chapter 9 Procedure for drawing samples

Chapter 9
Procedure for drawing samples of precursor chemicals for lab testing

· Take precautions: Serial number all packages and keep in lots for sampling. Samples should be drawn on the spot of recovery at lease in duplicate in the presence of search witnesses and the persons from whose possession the precursor chemicals is recovered and a mention to this effect should b e made in the record of seizure or recovery memo. Samples may be drawn in triplicate. more than two sets of samples may be required to meet unforeseen eventualities in some cases
· The size of each sample should be sufficient for carrying out the chemical analysis and also larger than any minimum prescribed in the procedure laid down. Similar size samples should be drawn as duplicate and triplicate samples. The seized precursor chemicals in the packages containers should be mixed well to make it homogeneous and representative before drawing the samples
· If the seizure is from a single package container one sample in duplicate or triplicate should be drawn. If the seized chemical is in more than one container it is advisable to draw one sample from each package container
· When the packages containers seized together are of identical size weight bearing identical markings and the contents of each package give identical results in field test, conclusively indicating that the packages are identical in all respects the packages may be carefully bunched in lots of 10 each. For each such lot one set of sample may be drawn.
· Shield drawing sample from a lot , it must be ensured that representative sample of equal quantity is taken from each package container of that lot and mixed together to make a composite whole from which samples are drawn for that lot
· Samples should be kept in containers suitable for storing the specific precursor chemicals. It should be noted that some chemicals are highly corrosive and hence need specific packaging
· The container in which sample is kept should have air tight caps should be kept in hear sealed plastic bags, as it is convenient and safe. Where hear sealing may ignite the chemical it should be avoided. The plastic bag containing the container in which sample is kept should be kept in a paper envelope. Which may be sealed properly. Such sealed envelope may be marked as original duplicate triplicate.
· The envelopes should also have the serial number of the packages form which the sample had been drawn. The duplicate envelope containing the sample should also have a reference to the latest memo. The seals should be legible .the envelope along with test memos should be kept in another envelope which sold also be sealed and marked secret drug sample test memo’ only the original sample may have o be sent to the lab for test.
· After sampling detailed inventory of such packages should be prepared for being enclosed with the recovery memos. Original wrappers should be preserved of evidentiary purposesSince process of drawing samples also comes up for scrutiny in the trial proceedings before the court the entire proceeding of drawing of samples should be documents in the record of seizure. Which is signed by the persons form whom the recovery is made as well as the witnesses of recovery, this documentary evidence plays a very crucial role in the final decision at which the court arrive in the case. Once seized the police /narcotic officials are responsible for storage and handling of the entire stock till pretrial disposal or after trial disposal as per NDPS act.

Chapter 8 Detection and dismantling of illegal lab:

Chapter 8
Detection and dismantling of illegal lab:

Investigations to identify sources of supply of precursor chemicals
Illicit drug lab is the final destination of diverted precursor chemicals. The ultimate objective of all anti diversion strategies and efforts is to ensure that these chemicals do not reach these labs. However, criminals do manage to obtain these precursor chemicals for their labs. Hence detection a dismantling of these labs is next logical step to stop drugs form coming into existence in the first place.

Many such labs have been detected in India. India licenses its farmers to cultivate opium on the precondition that they tender the entire opium to the govt. Unscrupulous farmers divert a portion of the opium some of which is processed into heroin, several make shift clandestine heroin labs have been busted in the opium growing regions by Indian authorities.
Enforcement agencies have also discovered several failed pharmaceutical units engaged in the illicit manufacture of methaqualone in India. Since there were several attempts to divert precursors in SAARC region no country in the region can remain complacent. Locating these labs is a challenge as rarely does one stumble upon such labs .usually action starts on the basis of information, which must be processed into actionable intelligence. Raids on suspect illicit labs require meticulous planning as valuable evidence can collected during the operations about the source of the precursor chemicals. The first aspect to be borne in mind while planning an operation is the safety of the officers.

Risk factors:
Armed criminals engaged in counter surveillance often guard these labs. Raiding parties run the risk of being attacked by these criminals.
In some western countries labs have been sound protected by sophisticated devices like booby traps, dogs high voltage locked doors and remote controlled video cams/ the use of such devices by criminals in the India cannot be ruled out. Many of the chemicals used in these labs are hazardous and officers risk accidents while handling them.
Officers unprotected by masks may inhale large volumes o f toxic gases.
If their skin comes in contact with some of these chemicals it can suffer burns
Inhalation of fumes of some of the chemicals or the penetration of chemicals into skin can cause cancer
Spillage of different chemicals during sampling may lead to release of toxic or explosive gases
Absence of separate stacking of incompatible chemicals in illicit labs may even cause explosions if such chemicals get mixed up during the raid
While opening barrels of chemicals, concentrated gases my be released which can damage skin eyes
Because of the very nature of the operations illicit labs generally do not label the containers of chemicals. As the officers may not know the properties of the unidentified chemicals that are kept mishaps may occur while handling them
Mishandling of chemicals may lead to fires / explosions during raids. Raiding party should had atleast one member who is qualified to handle these chemicals
Very often the illicit labs have slippery floors
Illicit labs use old and unreliable regulators or cylinders
Criminals my throw chemicals on the raiding party
Faulty electric equipment in such factories can electrocute the officers

Sources of information:
Informants who are gang members
Vigilant neighbours can also take cognizance of unusual activities in the premises of the lab and alert authorities. Labs may generate excessive heat. Fumes may also emanate form them. The processes carried on in the labs may also emit strong odour. Persons working in the labs may come out often to smoke as they wouldn’t do so inside for fear or explosion. Such activities do arouse suspicion of watchful citizens who may report the happenings to the enforcement department. Taking cue from these hints enforcement officers can mount surveillance and come to their own conclusion if the premises have a lab.
Previous investigations against other gangs may also provide clues about illicit labs. Interrogations of bulk buyers of the drugs may also lead to identification of the labs.
Information may also be received from other agencies.
Controlled delivery of precursor chemicals under diversion can lead to location of clandestine labs
Undercover operations if permissible under the law could be very good way of identifying illicit labs
Enforcement authorities contacts with the people supplying glass wares for labs chemicals and tablet machines may result in a tip off leading to location of labs
Surveillance over suspects can also help in locating a illicit lab
Interception of communication/ wire tapping can be a very useful tool for identification of labs

Watch over suspect premises could also help in noticing certain unusual behavior on the part of the occupants or such activities which may sure indicators for existence of a lab
Garbage consisting of empty bottles carrying labels of the precursor chemical in villages could be a giveaway of the existence of the lab somewhere nearby.
Authorities may also get the samples of sewage water of the suspect premises tested to confirm suspicion about a lab working inside. There can be many more indicators to show presence of clandestine lab which experienced enforcement officers can interpret.

Plan a raid:
Risk factors:
Best approach
Best time
Estimate of resistance and precautions and firepower
What chemicals may be found and how to handle them

Logistics:
Control center
Vehicle assembly place
Leader of raiding party and assign functions to team members.
Assess need for scientists chemists in team
assess and carry equipment needed
precautions for fire hazard and chemical hazard
container for samples
transportation for seized chemicals
carry chemicals and fire protective gear

Precautions for members of team:
chemicals should be handled by those who are competent to do so
nobody should smoke or drink or eat inside the lab
officers should not touch their eyes mouth and nose while in the lab
if any chemical affects any member of the raiding party during the raid he should be removed from the spot and given first aid and proper medical attendance
hands must be washed properly after leaving the lab
all windows and doors of the lab should be kept open during the raid
equipment that may cause fire/ explosion due to flammable gases should not be allowed inside the lab
appropriate fire extinguishers should be kept ready

Entry:
apprehend
Arrest.
Collect material
Collect samples
Remove causes for fire explosion
Ensure ventilation
Switch of electricity if needed
Stop production
Locate and secure chemicals

Collecting evidence:
The recovery memo should clearly describe the premises.
Location and details of apparatus chemicals found inside and the process of manufacturing being carried out. Photos may be taken or the operation should be video taped both of which should also include the witnesses. This document which is prepared on the post would be as graphic as possible. during trail it is through this document that can visualize the actual position of the lab

Label equipment, labeling machines, chemicals along with containers and other evidence should be named, numbered and inventoried. The list should relate them to the description given in recovery memo and annexed to it.

The original make and numbers of equipment and apparatus be clearly indicated in the list so that they can be correlate to the supplier during the follow-up investigation
Samples should be taken from all drugs chemicals and products whether intermediate or final found in the lab as per the prescribed procedure. Reports of analysis of these drugs chemicals can be of great assistance during investigation and prosecution. such reports of may also help in identifying the source of precursor chemicals
Attempt should be made to collect all available evidence
Labels if removable from the empty bottles of chemicals should be collected and seized
Barcodes on the barrels should be noted and brought on record
Samples of chemical wastes / scattered waste products should be collected, if necessary, chimneys drains may be scraped to lift traces. Filters should also be seized
If the lab is a sophisticated one and computers/ software are available, the same should be seized. Examination of these items can later on provide good evidence about the lab functioning its turnover, source of supply of chemicals and also clues about dealings of the operators with other persons involved in trafficking
fingerprints may also be lifted from the equipment barrels to find evidence of involvement of persons not found on the spot during the raids
Belongings such as shoes, clothes, gloves and safety masks of the persons working in the lab may also be seized. Traces of chemicals / drugs embedded in these belongings established through proper chemical analysis can be very good pieces of evidence against these persons.
Stamps used in the tablet machines should be seized. tablets stamped by them can be correlated to them
Dismantling the lab
Follow-up action
Find out
Persons actively involved in running the lab
Other persons connected with the illegal activity
Source of the precursor chemicals
Source of the drug that is refined
Buyers and destination of the final product of the lab
Intensive interrogation.
Verify information so obtained

Follow up searches
Analysis of the information obtained
Code deciphering if any
Evidence and case build up

Chapter 7 Controlled delivery

Chapter 7
Controlled delivery

At international level [Article 11: 1988 convention]

It is a technique of allowing passage of illicit or suspect consignments
Consignments have to be of contraband such NDPS or precursor chemicals. The contraband may be substituted.
Passage may be allowed out of through or into the territory of one or more countries
Passage is allowed with the knowledge and under the supervision of CA
Controlled delivery is resorted to in order to identify persons involved in the trafficking. Controlled delivery is permissible under Indian law
Under NDPS controlled delivery means the technique of allowing illicit or suspect consignments of narcotic drugs psychotropic substances controlled substances or substances substituted for them to pass out or through or into the territory of India with the knowledge and under the super vision with a view to identifying the persons involved in the commission of an offence under this act.

The technique of controlled delivery is gradually gaining greater acceptance world over. Due to:

Drug trafficking including diversion of precursor chemicals has become a truly transnational organized crime. It needs international cooperation and action of CA in tandem

Trafficking in controlled substances is carried out in such a manner that safe ‘cutouts’ are provided-for to frustrate the progress of investigation beyond certain point. Controlled delivery alone can best unravel the chain beyond a ‘cutout’ point.
A carrier of contraband prematurely is intercepted, even if he knows, may not disclose his links during interrogation or may even misleads. Controlled delivery may lead to uncovering of such links in the chain.
In case of post parcels or the packets sent by courier service, addresses may be false. Controlled delivery can help reveal the identity of the people behind these false addresses.

Objectives of a controlled delivery:
to identify arrest and convict those who violate law
to dismantle smuggling/ trafficking organizations
to broaden the scope of investigations and to identify additional and higher level violators
to find out and establish proof of knowledge on transporters, receivers and managers i.e. that they were knowingly in possession of the contraband
to identify assets for seizure / forfeiture.

Types of controlled deliveries:
The type of the controlled delivery operation may vary according to the circumstances of each case. Broadly they can be classified on the basis of whether controlled delivery is being made without the knowledge of the carrier / person or with his knowledge and cooperation.

The cold convoy
Controlled delivery operation initiated without the knowledge of the carrier of the contraband is called the ‘cold convoy’. This method can be used whether the consignment is sent in cargo or carried as cabin or unaccompanied baggage. The contraband is discovered during search inspection or other site and allowed to proceed to its intended destination. If it is being carried as cargo the transporter may not even be aware that he is carrying the contraband. The surveillance team may also not know the true destination of the shipment. Success of a cold convoy depends upon the effectiveness of the surveillance. Though such operation facilitates identification of routes, better chance of collecting evidence and increases the chances of arresting more members of the gang including principals, organizers, financiers. It also poses some problems. It gives very little time for planning, surveillance has to be long drawn, at time spreading over several countries. Counter surveillance can also expose surveillance by enforcement officers even the contraband may itself be lost.

Cooperating courier:
The courier who is caught with the contraband sometimes agrees to cooperate in a controlled delivery. The cooperation starts after the detection and may be after formal seizure. If the courier does not betray the trust placed in him, this kind of controlled delivery has excellent chances of success. However, legal formalities need to be fulfilled in advance so that the courier who agrees to cooperate under the assurance of lenient punishment gets what is promised to him.

Undercover operations:
If permitted by the legal system controlled delivery can be operated through an undercover agent acting as a courier.

Postal consignments:

Controlled delivery can also be resorted to in those cases where contraband is discovered form postal consignment. This kind of controlled delivery apart from resulting in identification of the consignor can help in dismantling organised smuggling groups including suppliers.

Prerequisites for successful controlled delivery:
Existence of legal provisions.
Bilateral multilateral agreements
Competent authorities for real time coordination
Case by case operation and effective decision making.
Accurate information.
Egs: in 94-95, 7 tonnes of ephedrine from India to Mexico leading to arrest of six persons including a customs officer in Mexico.
From India to Malaysia in 1998: goods of 500 kg of ephedrine seized from Butterworth pharmacy in Malaysia sent under a NOC for export of m/s zulling pvt ltd, Singapore.

Article 12: monitoring mechanism:
Control of domestic and international trade in precursor chemicals through a system of licenses and permits, provide for seizure when evidence of illicit use is given. Cooperate with on ea another in preventing diversion of precursor chemicals and requires exporting countries to send a pre-export notification PEN of the shipment of the substances to the importing country if the latter has made a request to that effect.

Establish and maintain a system to monitor international trade in table 1 and 2 substances in order to facilitate the identification of suspicious transactions

Provide for the seizure of any substance if there is evidence that it is intended for use in the illicit manufacture OF NDPS.

Notify the competent authorities of the parties concerned if there is information that the import export or transit of a substance is destined for the illicit manufacture of NDPS

Ensure that the imports and exports are properly labelled and documented. Commercial documents such invoices cargo manifests customs transport and other shipping documents shall include the names as in tables 1 and 2 of the substances being imported or exported the names of importer and wherever available the consignee.

Ensure that above documents are preserved for a period of not less than two years and are available for inspection by the competent authorities
Notify the competent authorities of the importing country of any exports of tale 1 substance to its territory if the importing country has made a request.

✦ Is there a requirement for this particular chemical in the importing country?
✦ Is it a first time order or is it part of an irregular ordering pattern?
✦ Has the customer specified any unusual packaging requirements?
✦ Is the consignment to travel by airfreight? Is this cost effective for the particular chemical?
✦ Is there a bona fide delivery address? Do the delivery requirements specify a post office box number?
✦ Is the consignment destined for a named individual within a company?
Does the factory fall within the range jurisdictional limits of the excise officer signing the documents?
Is the factory situated near/far from the inland container depot?
Does the nature of goods declared and the destination specified compatible? Is the destination near a drug producing region? Is the nature of goods ‘chemicals ‘by whatever name called?
Change in custom house agent from usual firm? Particularly when the goods are chemicals?

Documents
The documents recovered during a search should be carefully examined. Pay special attention to the following documents:
✦ Past shipping bill or bills of entry
✦ Transport documents
✦ Private documents relating to transactions
✦ Documents relating to bank accounts
✦ Documents relating to properties

Careful and timely scrutiny of documents may provide valuable clues and evidence of links between members of trafficking networks, their foreign links and the flow of money earned from the illegal venture.

Compare the information on documents with goods:
Labels – are they in conformity with the documents or have been removed or altered?
Destination on packages and those in the documents- do they match? Is the same language used?
Are the goods in question non-manifested goods?
Is there any manipulation in cargo abstraction?
In case of export of precursor check list:
· Does the exporting company actually exist
· Is it registered for the purpose
· Is the chemical ordered and its quantity consistent with the use for which it is specified
· Is there a requirement for this particular chemical in the importing country
· Is it a first time order
· Is it a part of an irregular ordering pattern
· Is the chemical obtainable at a better price locally
· Has the customer specified any unusual packaging requirements i.e. small containers unsuitable for industry
· Is the consignment to travel by airfreight? Is this cost effective for the particular chemical
· Is there a Bonafide delivery address?
· Do the delivery requirements specify a post office box number
· Is the consignment destined for a named individual within the company
Special attention to recovery of following documents in investigation:
· Post shipping bills/ bills of entry
· Transport documents
· Private documents relating to transactions
· Diaries having telephone numbers
· Documents relating to bank accounts
· Documents relating to properties.

Statements
Questioning the persons involved in, or concerned with, a diversion and carefully recording their statements play a very important role in successful investigations.

The statements should, among other things, contain the following:
✦ Place, date and time.
✦ Name and address of person giving the statement.
✦ Name and designation of person asking the questions.
✦ Name and addresses of persons who are witnesses, if any.
✦ Notice given to the person being questioned concerning his right against self-incrimination.
✦ Signature of the person preparing the statement should also be taken into consideration.
Investigating officers should keep in mind the following while recording statements.
✦ Use short questions confined to one topic that can be clearly and easily understood.
✦ Ask questions that require narrative answer and avoid questions that can be answered by 'YES' or 'NO'.
✦ Avoid leading questions, that is, questions that suggest an answer.
✦ Ask the interviewee how he or she learned what he or she states to be a fact.

The interviewee should also be required to deliver the factual basis of any conclusions stated.
✦ Remain alert to prevent the interviewee from aimless wandering and demand a direct response.
✦ Concentrate more on the answer than on the next question.
✦ To avoid an unrelated or incomplete chronology, the investigating officer should clearly understand each answer and ensure that any lack of clarity is eliminated before continuing further. When all the important points get resolved, the officer should terminate the interview. If possible, leave the door open for further contact with the person giving statements.

The investigating officer should get the answers from the person under questioning to the basic questions such as

Who? Complete identification should be made of all persons referred to in the case. This includes descriptions, addresses, aliases, citizenships, reputations, business names, associates, if the person cannot be identified by name, a physical description should be requested. Which should include, age height, weight, colour of the eyes, hair, skin, description of build, clothing, unusual markings, scars, mental or physical defects, questions should also cover such aids worn by the individual such glasses, hearing aids, wig or cap, cane, braces.

What? Complete details as to what happened during the diversion operation. Questions should relate to events, methods and systems. A complete answer should be developed. Trace the event from its inception to its culmination. For e.g.: a precursor sale starts with a customer placing an order either orally or written and terminates when the money is received. Every detail concerning what happened to that sale and what happened to every book record document or person connected with it should be determined.

Why? Everything is done for a purpose. Determine the motive by questioning the subject about his action. What caused him to act? Who caused him to act? How was he motivated? Since these are the most important questions especially when relating to or reflecting an evil purpose they should receive special considerations.


Where? Complete details regarding the location of books, records, assets, bank and brokerage accounts, witnesses, clients, customers, sales deposit boxes and the like. a description of the location should include the general area as well as the identification of the person who has custody and control of the item , complete description of the place should include the size, shape, colour and location.

When? The time and date can be established by direct questioning by relating the incident to some known event or by associating the event to some person place of thing. And

How? Complete details about how the diversion of the chemicals occurred. Or how the operation was conducted. How did the subject acquire knowledge? Was it through seeing, hearing, feeling, or smelling or performing certain works or duties? How transactions were recorded : written, typed, machine entries, which language? ……… of the events.

After completion of investigation, the report:
Table of contents
Body of the report
List of exhibits, List of witnesses
Appendices, Exhibits

The body of the report should contain
introduction
summary of findings
explanation of the accused
evidence
comments of the investigator or investigating team on the explanation of the accused
conclusion and recommendations

The essentials of good investigative report are fairness, accuracy, completeness, uniformity, conciseness and logical presentation. Report facts - fairly and impartially.

Follow-up
Follow-up should be immediate and swift as any delay facilitates the destruction of evidence by the suspects. Samples of seized precursors should be drawn and sealed as per the prescribed procedure and sent to a laboratory for testing as early as possible. The chain of custody of the seized goods, documents and other forms of evidence should be properly recorded to establish their integrity in a court of law.

Chapter 5 OVERVIEW OF PRECURSOR CONTROL IN INDIA

Chapter 5
OVERVIEW OF PRECURSOR CONTROL IN INDIA
Some drugs of abuse are produced from plants and are called natural drugs. There are three main species of plants from which drugs are produced.

The first of these, opium poppy (Papaver somniferum), is the source of opium. Opium is a natural drug which, acting on the central nervous system, has a depressant effect. The seeds of this plant, called poppy [gasaalu in Telugu] are used as a condiment in South Asian cooking.
Cannabis is the second drug producing plant. The flowering tops of this plant are called ganja while the resin derived by crushing the plant is known as hashish or charas. Like opium, cannabis is a natural drug.
The third drug producing plant, the coca plant, grows in South and Central America. Coca leaves and coca paste are natural drugs derived from this plant.

These natural drugs can be processed to isolate the active ingredient, i.e., the psychoactive substance in the natural drug that actually produces the effect on the user. Such active ingredients can also be modified chemically to make them more potent. The active ingredients so isolated or their chemically modified forms are known as semi-synthetic drugs. For instance, morphine and codeine are active ingredients isolated from opium. If morphine is chemically combined with acetic anhydride, we get diacetylmorphine also known as heroin. Morphine, codeine and heroin are semi synthetic drugs produced from opium while cocaine is a semi-synthetic drug produced from coca.

There is a third category of drugs known as synthetic drugs. These are produced solely through chemical reactions. Diazepam, methaqualone (commonly called as mandrax), amphetamine-type stimulants such as amphetamine and MDMA (commonly known as ecstasy) are examples of synthetic drugs.

The majority of the drugs of abuse are either semi-synthetic or synthetic by nature. One of the techniques of containing them is curbing their production by denying illicit drug manufacturers access to the chemicals required to manufacture drugs. Such chemicals are widely referred to as precursors. Precursors are legitimate chemicals with uses in industry, medicine, research, etc. and are legally produced. Illicit drug manufacturers divert them from legitimate trade and industry and use them to produce illicit drugs. The job of enforcement officers is to stop this diversion without impeding the normal legitimate trade. Precursor control is thus a strategy to reduce the availability of narcotic drugs and psychotropic substances by preventing illicit drug manufacturers from obtaining the chemicals they require for such manufacture.
There are hundreds of synthetic and semi-synthetic drugs of abuse. In order to produce each of them, one requires precursors. If we try to control all these precursors, our job becomes unwieldy; our efforts will be spread too thin, over too many chemicals, rendering controls ineffective. We must, therefore, identify a few key precursors and control them. For instance, we can identify the most widely abused semi-synthetic and synthetic drugs and then identify the precursors most critical to their manufacture. Since precursors are often trafficked across the borders, there should be harmony between the laws of different countries both in terms of which precursors are controlled and what kinds of controls are imposed on them.
There are 5 precursor chemicals identified for control in India.

Chapter 6
DIVERSION AND PREVENTION:

we will examine the various methods that traffickers employ to divert precursors and the techniques through which we can counter them under the following five sub-headings:
✦ Methods of diversion
✦ Intelligence collection
✦ Investigation
✦ Role of different agencies in preventing diversions
✦ International operations

Methods of diversion
Precursors can be diverted from any stage in the course of legitimate trade. Some possible points of diversion are:
✦ From the place of manufacture
✦ At the point of sale
✦ During transportation
✦ During importation
✦ During exportation
✦ During use or consumption
✦ During re-cycling
✦ During destruction of seized precursors.

Traffickers employ a variety of techniques to divert precursors, including the following:
a) Under-reporting production and clandestinely removing the remaining precursor: The manufacturer of the precursor enters only part of the production in his records and diverts the rest to illicit trade and sells it at a much higher price. The manufacturer also generates more profits by evading excise duty and other taxes.
b) Theft during transportation: Criminals steal precursors in small quantities from tankers and trucks with the connivance of drivers. The quantity of precursors pilfered from each tanker or truck is so small that it can easily go undetected. But traffickers often accumulate significant quantities of precursors through repeated pilferage. In South Asia, this method has often been used to divert acetic anhydride.
c) False reporting of leakage: The consignor sends a false report stating that the tanker leaked in transit and a significant quantity of precursor was lost. The precursor is meanwhile diverted into illicit channels.
d) Misdeclaration of description: In many countries, one needs a licence to import or export precursors. Such consignments are also subjected to more intensive checks by customs services. Traffickers export the consignment of precursor chemical wrongly declaring it as a consignment of some other commodity to bypass both licensing requirements and rigorous checks. Through this method nine tons of acetic anhydride was successfully exported from India to Dubai by declaring the consignment of chemicals as consignment of acid for pickles. The diverted acetic anhydride was sufficient to produce 3.6 tons of heroin.
e) Forged no objection certificates (NOCs) or import and export permits: Traffickers place an order for the import of a precursor along with a forged import permit and if the authorities in the exporting country do not detect the forgery, a huge consignment is available for diversion.
f) Manipulation of the quantity in the NOC or import or export licence: This involves taking a genuine license and inserting a zero in the quantity descriptor. A Mumbai-based exporter once presented an NOC from the competent authority of the importing country to export 2 million ephedrine tablets to Trinidad and Tobago. When an enquiry was conducted, it was confirmed that the actual quantity permitted in the NOC was only two hundred thousand ephedrine tablets.
The difference of one million eight hundred thousand tablets could have been easily used to produce methamphetamine.
g) Orders placed using the names of nonexistent firms: If you succeed, the entire consignment is available for illicit trade. If the authorities find out, there is very little chance of being caught.
Alternatively, using the name of a bona fide company but inserting a false contact address with false telephone and fax numbers makes it easy to import. When the time for delivery comes, traffickers ask the transporter to deliver the consignment at a different address citing some place with storage provision.
h) Conceal orders for precursors amongst innocuous chemicals: They begin with placing orders for small quantities of precursors and often conceal the true order for precursors amongst a list of innocuous or harmless chemicals and other materials.

Intelligence collection
Intelligence, by definition, is foreknowledge - knowing all that you need to know beforehand. Since precursors are legitimate substances with a variety of legal uses, it is extremely difficult to detect diversion and trafficking without intelligence. To gather intelligence we need to concentrate our efforts at possible stages of diversion such as place of manufacture, sale and transportation. There are two methods of collecting intelligence - overt or open and covert or secret.

Overt or open methods
The overt or open method refers to the collection of information regarding a possible diversion from secondary sources like newspapers, books, and technical publications as well as data from other government sources or other bodies. The data so gathered when put through the “intelligence mill", may provide extremely useful pointers that enable the enforcement officers to decide where to concentrate their efforts. Often referred to as profiling, this helps identify the most likely suspicious consignments of precursors passing through the international trade.
Profiling starts off with the systematic analysis of past cases to determine the characteristics of a typical suspect consignment or trafficker. By examining such characteristics carefully, we can zero in on suspect consignments and traffickers.

A few pointers could be:
Destination of the goods
A consignment of precursors destined to a border area adjoining a country known for illicit manufacture of drugs runs a high risk of being smuggled to that adjoining country.
Change in custom house agent
If an exporter suddenly changes his custom house agent for exporting precursor chemicals, that would constitute a cause for suspicion.

First time orders should be subject to greater scrutiny.
✦ If the chemical is sold at a very high price compared with the prevailing market price, it requires a careful examination.
Unusual and special packaging of the chemical is another cause for suspicion.
✦ Similarly, incorrect or vague labelling is also a reasonable cause for suspicion.
✦ Bulky consignments of chemicals being sent by air should also be checked carefully since it does not make business sense to send such consignments by air.

Covert methods
Covert methods often provide direct, actionable intelligence. There are three primary covert methods: informers, surveillance and undercover operations.
Informers are persons with inside information about an illicit activity who are willing to share it with the authorities for any of the variety of reasons including financial reward, recognition, revenge or thrill factor. In order to get information on diversion of precursors, informers should be cultivated in places such as factories manufacturing precursor chemicals, associations of brokers and transport agencies used by such companies. Informers can also be cultivated among truck drivers engaged in the transportation of precursors, among custom house agents, forwarding agents, in inspection agencies or in the offices of port / airport authorities. Other places to cultivate informers are chambers of commerce and also in shipping lines or airlines and in roadside restaurants. You may wonder why roadside restaurants? Roadside restaurants often act as collection points for the precursors pilfered by truck drivers. From these restaurants, the precursors are sent to illicit drug manufacturers through intermediaries.
The second covert method - surveillance - is of two types; physical and electronic. Physical surveillance consists of keeping a discrete watch over places and persons, where as electronic surveillance comprises telephone intercepts, GPS-based satellite tracking, etc. Interception of telephones, when permitted legally, can be extremely useful in identifying and preventing diversions. Satellite tracking devices are extremely useful to monitor international movement of suspect consignments. Finally, undercover operations, including the infiltration of networks by agents or the conducting controlled deliveries, provide a useful source of intelligence and can be orientated directly for a prosecution in a court of law or in furthering investigations to learn more of the methods used by trafficking networks and those involved in the illicit activities.

Investigation
Factors that trigger investigations into cases of diversion:
a. Specific intelligence about diversion;
b. Follow-up into a detection and seizure at an illicit drug-manufacturing factory;
c. Investigations into shipments stopped in international trade as reasons exist to believe the order was an attempt to divert the precursors in question;
d. Follow-up into a case in some other country
In investigations into diversions of precursors from international trade, special attention should be paid to the following:
✦ Consignment
✦ Documents
✦ Statements
✦ Immediate follow up

Consignment
In the case of an export of precursor chemicals, the following should be checked:
✦ Does the exporting company actually exist?
✦ Is it registered for the purpose?✦ Is the ordered chemical consistent with the use for which it is specified?

Chapter 4 Precursors of concern in South Asia

Chapter 4
Precursors of concern in South Asia

Of the 23 precursors listed , the following precursors are of special concern in South Asia.

Acetic anhydride
This chemical is widely used in textile processing, dyes and pharmaceutical industry. Since textiles and textile dyes are a major industry in South Asia, consumption of acetic anhydride is indispensable. In the pharmaceutical industry, the biggest consumption of acetic anhydride is in the manufacture of the common anti-pyretics aspirin and paracetamol.
Acetic anhydride is used illicitly for the manufacture of amphetamine-type stimulants, heroin and methaqualone (commonly known as mandrax). South Asia is flanked by two of the world's largest illicit opium growing regions of the world. The opium so produced is processed into heroin. Acetic anhydride is not produced in neither of the two regions and hence traffickers divert heroin from other regions, including south Asia and smuggle it into these regions.
Some of the world's largest methaqualone seizures during the past few years were made in India and in almost all cases, acetic anhydride was diverted and used to produce methaqualone.

Anthranilic acid
Anthranilic acid is also legally used in pharmaceutical and textile industries. Illegal drug manufacturers use it to produce methaqualone (mandrax). Typically, this precursor is diverted and used to manufacture mandrax within India. The methaqualone so produced is largely smuggled to South Africa and onwards to other countries in Africa which form the bulk of the market for methaqualone.

Ephedrine and pseudo ephedrine
Ephedrine and pseudo ephedrine have similar chemical structure. Both are used legally to produce anti-asthmatic drugs - bronchodilators and nasal decongestants. Both are illegally used to produce the amphetamine type stimulant (ATS), methamphetamine. Two of the world's largest producers of ephedrine are India and China. China extracts ephedrine from an herb, ephedra, while India produces synthetic ephedrine from molasses - a by-product of sugar factories. Ephedrine and pseudo ephedrine diverted from India and China are often smuggled into Myanmar and used for illicit production of methamphetamine. The bulk of the methamphetamine so produced is smuggled into Thailand and onwards to the rest of the world.

CHAPTER 2
INTERNATIONAL CONTROLS:
Many countries - especially the ones known for illicit heroin production - neither manufacture precursors nor have the capacity to do so. Since precursors have licit uses and are available for those purposes, illicit drug manufacturers obtain them by either diverting them from international trade or through smuggling. They only rarely produce precursors themselves. International control over precursors is, therefore, essential to prevent such diversion of precursors. The 1988 Convention provides the framework for international control and ensures:
✦ Some degree of harmony between the laws of different countries and
✦ Provide mechanisms for cooperation between different countries
To coordinate these activities, the Economic and Social Council requested Governments to identify a 'competent authority' for each country who serves as national nodal authority. The Competent Authorities also interact with their counterparts in other countries as well as international bodies such as the International Narcotics Control Board (INCB).

There are three UN Conventions, which deal with drug related matters:
✦ Single Convention on Narcotic Drugs, 1961
✦ Convention on Psychotropic Substances, 1971 and
✦ United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (hereinafter called 1988 Convention)

Although all these three UN conventions emphasized the need to regulate precursors, the 1988 convention has dealt with the subject in detail laying down the basic framework of control of precursors (Article 12). The article requires states to adopt legislative, regulatory and administrative measures they deem necessary to prevent diversion of precursors. Furthermore, trafficking should be an offence in that country's law. The convention requires parties to make it a criminal offence to manufacture, possess, transport, or distribute precursors or equipment with the knowledge that they are meant for illicit production or manufacture of drugs (Article 3). The convention also requires states to cooperate closely with one another (Article 9). What does 'co-operation' mean in practical terms? It means that:
✦ States should establish and maintain channels to facilitate rapid exchange of information.
✦ They should also cooperate in conducting enquiries.
The 1988 Convention also requires states to make effective use of the technique called controlled delivery (Article 11).

Role of international narcotics control board in precursor control:
The INCB established in 1968 is an independent quasi judicial body for monitoring the implementation of the drug conventions. It is independent of UN or governments.
Mandate: ensure adequate supplies for medical and scientific uses. Ensure no leakages occur. Identify weaknesses in national and international control systems and attempt to correct the situation. Assess chemicals used to illicitly manufacture of drugs for possible international control.
Article 12 of 1988 convention entrusts the board with monitoring the implementation by govt of control measures over such substances and assessing chemical substances for possible international control. The board reports to the commission on governments’ implementation of that article each year. The board assists govt in verifying the legitimacy of individual transactions involving precursors or essential chemicals to prevent their diversion. A data bank had been established to enable the INCB to make full use of the information furnished by govts, to prevent diversion.
It evaluates and supports the national efforts in this regard.
It enters into dialogue with govts, through regular consultations and through missions arranged in agreement with the govts.
It conducts training programmes for drug control administrators from developing countries.
It published annual report each year and submits to ECOSOC.

International Operations
There are international operations aimed at preventing the diversion of precursors.
Different countries and international bodies work in tandem in these operations. Three such operations namely Operation Purple, Operation Topaz and Project Prism have so far been launched.

Operation Purple
Operation Purple was launched in 1999 to monitor the international movement of shipments of potassium permanganate (the precursor used in the illicit production of cocaine) to minimize the scope for their diversion.

Thirty-one authorities and three international bodies - ICPO-Interpol, INCB, and WCO participate in this operation which is guided by a steering committee. India is an implementing state as well as a member of the steering committee. Central national authorities (CNAs) are designated under the operation to exchange intelligence on movements of potassium permanganate and monitor all shipments over 100 kg from the exporting countries till they reach their final destination.
Main goals:
Identify and intercept diversion attempts
Identify rogue companies and individuals
Gather intelligence on diversion methods
Gather intelligence on trafficking trends and shipping routes
Take administrative civil and /or criminal action as appropriate.
Evaluate the effectiveness of the plan
Gather intelligence on the licit and illicit use of potassium permanganate particularly in south America
Disseminate information to the competent authorities for assessment of applications for import/ export permits.
Role of CAN:
Exchange intelligence
Refuse permission
Respond to intelligence
Stop or seize
Initiate legal / administrative action
Period: 1999 to indefinitely. Phase I upto 1999, phase 2 upto 2000, phase 2b upto 2001 and rest indefinitely.
The operation has been successful as a result of which, illicit prices of potassium permanganate increased and the purity of cocaine has fallen.
India has only one unit manufacturing KMnO4. It is a major exporter of the item. Exporter has to submit details to commissioner. PEN is sent to importing country and INCB.

Operation Topaz
Operation Topaz was launched in 2001 to monitor the international movement of consignments of acetic anhydride over 100 kg against illicit production of heroin especially in Afghanistan. Forty-six authorities and three international bodies - ICPO-Interpol, INCB, and WCO participate while a steering committee monitors the operation. India is an implementing state as well as a member of the steering committee. International movements of consignments of acetic anhydride over 100 kg are monitored till they reach their final destination.
Objectives:
focus on international tracking of shipments of acetic anhydride
Detection and seizure.
Investigation into seizures to identify the traffickers
Identification of the points of diversion.
PEN is the principal tool employed by operation topaz.
Operational activities have resulted in the identification of trafficking routes of acetic anhydride from Europe to West Asia. Furthermore, the networks responsible have been dismantled and the individuals involved prosecuted.


Project Prism
Project Prism, the latest of the international initiatives, is designed to address diversions of five main precursors used in the illicit manufacture of ATS, namely,
(i) Ephedrine, Pseudo ephedrine
(ii) 3, 4-methylenedioxyphenyl-2-propanone,
(iii) 1-phenyl-2-propanone,
(iv) safrole . As well as the equipment used in such manufacture.
Project Prism is directed by a task force supported by two working groups-the Chemicals Working Group and the Equipments Working Group. Operational activities commenced in January 2003 with a focus being placed on specific time-bound regional operations. The project creates a network of CAN focused on ATS and their precursors and equipment to the project. In turn, they can obtain information on any similar patterns of diversion and illicit manufacture noticed elsewhere by others. The project also conducts intensive backtracking operations which facilitate easy identification of the source of precursors and equipment and the method of diversion. Techniques of smuggling etc. even if the consignments move across countries. Whenever any country stops a shipment follow-up action can be taken to identify the source and destination of drugs and the routes taken by the illegal consignments. The project also supported by a highly qualified specialized scientific group who can be requested for any technical help in identifying the source of precursors etc.

Chapter 3
Role of competent national authorities:
CAN are local points designated by each country who will ensure effective implementation of the precursor control regime mandated under the 1988 convention.
Issuing PEN to importing countries
Conducting enquiries in respect of notifications received from exporting countries
Real time interface with INCB and CA of other countries
Assistance in investigation
Furnishing of reports and returns to the INCB
Role in mutual legal assistance: [article 3] designate authority to execute requests for mutual legal assistance or to transmit them to the CA for execution.
Role in PEN: [ARTICLE 12] parties to notify the CA of the importing countries of any export trade of table 1 substances from their territory.
In international trade
Ensure PEN are issued wherever required
Verifying the antecedents of importers
Verifying the genuineness of the transactions
Determining whether a consignment should be stopped or allowed to proceed
Mutual legal assistance and sharing of information between the govts:
Purposes for which assistance can be sought:
Taking evidence or statements from persons
Effecting service of judicial documents
Executing searches and seizures
Examining objects and sites
Providing information and evidentiary items
Providing originals or certified copies of relevant documents and records including bank financial corporate or business records
Identifying or tracing proceeds property instrumentalities or other things for evidentiary purposes
Facilitating presence/ availability of persons in other country: upon request CA to facilitate or encourage to the extent consistent with their domestic laws and practice the presence or availability of persons including person in custody who consent to assist in investigations or participate in proceedings.
Designation of an authority for attending to requests/ communication for mutual assistance. Requests can be sent through diplomatic channels or through Interpol.
Information to be contained in the request:
The identity of the authority making the request
The subject matter and nature of the investigation, prosecution or proceeding to which the request relates , and the name and the functions of the authority conducting such investigation prosecution or proceeding
A summary of the relevant facts except in respect of request for the purpose of service of judicial documents
A description of the assistance sought and details of any particular procedure the requesting party wished to be followed
Where possible the identity location and nationality of any person concerned and
The purpose for which the evidence information or action is sought.
Use of information received under mutual legal assistance: for investigation prosecution other than those indicated in the request but only with the prior approval of the requested party.
Confidentiality of information: countries can keep the fact and substance of the request confidential except to the extent necessary to execute the request.
Execution / refusal of the request: a request shall be executed in accordance with and to the extent not contrary to the domestic law of the requested party. The convention mandates that a party shall not decline to render mutual legal assistance on the ground of bank secrecy.
Mutual legal assistance can however be refused on :
If a request is not made in conformity with the provision of article 7 of the convention
If the requested party considers that the execution of the request is likely to prejudice its sovereignty, securing public order or other essential interests
If the authorities of the requested party are prohibited by their domestic law from carrying out the action requested with regard to any similar offence.[ Had it been subject to investigation prosecution or proceedings under their own jurisdiction]
If it would be contrary to the legal system of the requested party relating to mutual legal assistance for the request to be granted.
Reasons are to be given for refusal of request.
If it is under investigation, prosecution or proceedings, request can be postponed.
Immunity to witnesses: a witness shall not be prosecuted detained punished or subjected to any jail in that territory in respect of acts omission or convictions prior to his departure from the territory of the requested party. Such safe conduct shall cease when the witness expert having had for a period of 15 days or for agreed period from the date on which he has been officially informed that his presence is no longer required by the judicial authorities, provided he was given an opportunity of leaving, but remained voluntarily behind or returned out of free will. On such return/stay, his immunity will cease.

Role of different agencies in preventing diversions
Different law enforcement agencies can help prevent and detect diversions of precursors.
Role of Customs Department
Since Customs officers regulate import and export of all consignments they can play an important role in preventing their diversion from international trade. They are also responsible for the prevention and detection of smuggling. In order to prevent diversions, custom officers should carefully examine documents related to import, export and transit consignments.

The following aspects should be checked in the documents:
✦ Was the mode of payment in conformity with normal commercial practice?
✦ Was there any unusual request for shipping or delivery?
✦ Are there any specific requests for packing / labelling / shipment that are not in conformity with normal commercial practice and/or means of transport?
✦ Does the transaction involve a combination of controlled chemicals, which can be used illicitly to manufacture a controlled drug?
✦ Does the order involve an unusual mixture containing a high content of a precursor chemical?
✦ Is the means of transport, for example by air, consistent with the value of the precursor chemical?
Answers to these questions can enable customs officers to narrow down suspicious consignments of precursor chemicals.
Role of the Excise Department or Department of Trade and Industry1
This department exercises control over the manufacturers of precursor chemicals. They inspect or audit, assess the production and examine records of clearance of goods of those manufacturing units that produce and use precursors. Any unusual increase in consumption of raw materials or any inexplicable drop in the production of finished products of a precursor manufacturing unit should be carefully scrutinized. The input or output ratio of such factories should be compared to other factories producing similar products. It is necessary to look for abnormalities that can, after investigation, lead to the detection of diversions.
Role of Police
Police have extensive networks and, therefore, can check consignments of precursors in transit within a national territory as this is one of the weakest links in the chain of control over precursors. Precursors stolen during transit are often sold to illicit operators along the highways who, in turn, sell them to the illicit drug manufacturers. Often, this takes place through a series of intermediaries. The presence of alert, trained police on roads and along highways can help in checking suspicious movements of precursor chemicals.
Role of the Regulatory Authority
The regulatory authority, by whatever name it is called in any country (e.g., the Narcotics Control Bureau in India), usually issues and receives pre-export notifications, verifies the legitimacy of transactions and co-ordinates with other countries.
This authority may also be responsible for educating the chemical industry and trade to the possible threat of diversion of precursors. An enlightened industry and trade can develop voluntary codes of conduct to prevent diversion of precursors. Any attempt to divert a precursor by a trafficker will almost always be first known to someone in the trade who can pass on such intelligence to the authorities.
Since training is vital to the efficacy of precursor control measures in a country, the regulatory authority should take the lead in organizing precursor-training programmes. It is necessary for enforcement officers as well as the trade to be involved in such training.
The regulatory authority should also maintain a national database on precursor chemicals. This would help exercise better control over precursors meant for both domestic and international trade.


Role of Border Guards
Almost all countries deploy guards along their borders for the security of the nation. These border guards form the first line of defence against the smuggling of both goods and persons and can help foil attempts to smuggle precursor chemicals.