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.