Essay on the Role of Enforcement Agencies in controlling Alcoholism and Drug Addiction in India !
The entire gamut of legislation in India is directed against illicit trafficking in drug and alcoholic substances. The machinery utilised for the purpose at Central level includes the Department of Customs, Central Excise Narcotics Commissioner, Central Bureau of Investigation, Central Economic Intelligence Bureau, Directorate of Revenue Intelligence, Border Security Force and the Drugs Controller. At State level the State Excise, Police and Drug Control authorities control the menace of drug addiction and alcoholism.
In order to co-ordinate the activities of the various enforcement agencies involved in the anti-drug trafficking, a Central authority called the Narcotic Control Bureau with a wide range of functions has been set up. The main functions of the Bureau are—
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(1) Co-ordination of all enforcement actions by various Central and State authorities.
(2) Implementation of counter measures against illicit drug trafficking under international protocols, conventions and treaties.
(3) Assistance to the concerned authorities in foreign countries.
The NDPS Act has provided for the establishment of special courts for expeditious trial of drug addicts and traffickers.
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Particularly, the problem of use and abuse of drugs and trafficking in drugs has wide ramifications. The organised criminal gangs in smuggling of drugs operate across national frontiers. The United Nations Commission on Narcotic Drugs and the International Narcotic Control Board are the international organisations which are seized with the problem of eradication of drug addiction.
The main function of the international bodies is to provide machinery for giving full effect to the international conventions relating to narcotic drugs and to provide for continuous review and progress in the international control of these drugs.
An unprecedented convention against drug trafficking was adopted by consensus in Vienna on December 19, 1988 by 108 countries seeking better international co-operation in bringing drug-traffickers to justice. It was a major step towards solving the ‘global crisis’ of today’s drug problems.
It was characterised as a “major achievement” in international co-operation. The convention, however, regretted that signatories could not agree on the mandatory extradition of drug trafficking nationals to third countries wanting to prosecute them.
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The Narcotics Control Board (NCB) in India has suggested that person convicted of drug crimes should automatically forfeit any property he or she acquires with illegal drug money.
It would not be out of place to mention here that corruption which is rampant among the enforcement agencies because of the temptation of economic advantage is also one of the contributory factors for inadequate enforcement of the NDPS Act. Drug traffickers generally operate and carry on their nefarious activities in close liaison with the concerned officials or the enforcement agencies paying them handsomely for the illegal favour shown to them. The so called ‘deal’ being quite attractive, the officials get lured by the temptation.
The lack of adequate training to the concerned officials in skilful investigation of drug-trafficking cases often leads to lacunae and loopholes in the procedure of investigation which enables drug peddlers and addicts to escape prosecution. That apart, lack of motivation on the part of enforcement agencies is also one of the causes for the inefficient implementation of the NDPS Act.
Thus, it would be seen that despite these efforts, the sale and purchase of narcotic drugs as also the alcohol is a major crime-problem which perturbs the law enforcement officials who are concerned with prevention of crime. Systematic rackets operate throughout the country to supply liquor and other narcotic drugs to alcoholics and addicts. Those involved in these illegal activities earn huge profits.
Even international gangs dealing with this contraband traffic are known to be operative throughout the world. News regarding raid cases in which narcotics worth lakhs of rupees is seized by the Excise or the Customs Department are often seen in papers and magazines.
Commenting on this aspect of the problems, Donald Taft observed that many crime-problems in relation to alcoholism and drug addiction are not so much drug created problems as law created crime problems. After all, the harm caused to addicts and their families on account of these ill-habits is far greater than the injury resulting there from to the society.
Perhaps, some sort of moral education and constructive use of regulatory licensing may help in curbing the problem of alcoholism and drug-addiction to a considerable extent. In fact, there is need to re-define the twin problems of alcoholism and drug-addiction in a socio-medical perspective rather than considering it as a mere law enforcement problem.