NCB enhances usage of rarely invoked law to detain drug traffickers
New Delhi Feb 20 PTI The Narcotics Control Bureau NCB has issued an all- time high of 18 orders in the last about three months under the PITNDPS Act a rarely invoked stringent law that allows preventive detention of habitual drugs-crime offenders for up to two yearsThe detenus against whom the order has been issued include foreign nationalsDuring the detention period the accused cannot get bail or any relief that can set them freeThe federal anti-narcotics agency officials told PTI decided to use the law after NCB Director General S N Pradhan reviewed the functioning of the agency and directed that officers should only concentrate on big narcotics cases and linked cartels prepare robust cases backed with fund trail probe and ensure conviction of the accusedThe PITNDPS or Prevention of Illicit Traffic in Narcotics Drugs and Psychotropic Substances Act of 1988 provides for the detention of persons concerned in any manner with illicit traffic in narcotic drugs and psychotropic substances for one or two years with a view to preventing them from engaging in such harmful and prejudicial activities As many as 18 orders have been issued by the NCB under the PITNDPS in the last three months time as compared to about only four-five such orders issued over the last six years officials said Those detained under the PITNDPS includes foreign nationals like those from African nations who are regularly caught in drug crimes in India they saidUnder the scheme of this criminal law the prosecuting agency first prepares a proposal for detention of a person whether under arrest or otherwise making a case that unless prevented the persons is likely to continue harmful and prejudicial activities by engaging in illicit traffic of drugs This proposal is subsequently vetted by a designated screening committee which either recommends the detention proposal to the detaining authority or disallows itThe detaining authority is either an officer of the rank of joint secretary at the centre or a chief secretary in the state and it can issue an detention order for a period of one year extendable to two years under certain conditions subject to confirmation by an advisory board in the high courtDetention under the law is also one of the grounds that allows the agency to attach the assets of an accused The detention period also helps investigators to go deep into the crime nexus and apprehend more people and disrupt the syndicate they saidOfficials said post the review by the NCB chief the agency has started looking at cases involving repeat or habitual narcotics criminals not only in their files but also in big cases handed over by the statesThe review came around the same time when the agency got embroiled in controversies following its October last year raids on the Cordelia cruise in Mumbai where the impartiality of the panchas witnesses deployed by it came under question and even allegations of extortion were raised against the investigatorsThese charges are currently being probed as part of an internal NCB vigilance enquiryKeeping in mind the magnitude of the drugs challenge the Union Home Ministry has also recently sanctioned a total of 1826 new posts to the NCB and this new manpower will be used to create a new cyber operations wing additional zonal and sub-zonal offices in the country and creating more ranks in the supervisory rank of deputy director general DDGAfter the final sanction is received from the government the recruitment and deputation process for the new posts will be initiated they saidThe agency at present has a sanctioned strength of about 1100 personnel out of which it has an actual strength of just over 700 staffers About 50 public prosecutors have also been engaged by the agency to present their cases before respective courts The agency never had these many prosecutors at one time to fight its cases officials said PTI NES DV DV
New Delhi Feb 20 PTI The Narcotics Control Bureau NCB has issued an all- time high of 18 orders in the last about three months under the PITNDPS Act a rarely invoked stringent law that allows preventive detention of habitual drugs-crime offenders for up to two yearsThe detenus against whom the order has been issued include foreign nationalsDuring the detention period the accused cannot get bail or any relief that can set them freeThe federal anti-narcotics agency officials told PTI decided to use the law after NCB Director General S N Pradhan reviewed the functioning of the agency and directed that officers should only concentrate on big narcotics cases and linked cartels prepare robust cases backed with fund trail probe and ensure conviction of the accusedThe PITNDPS or Prevention of Illicit Traffic in Narcotics Drugs and Psychotropic Substances Act of 1988 provides for the detention of persons concerned in any manner with illicit traffic in narcotic drugs and psychotropic substances for one or two years with a view to preventing them from engaging in such harmful and prejudicial activities As many as 18 orders have been issued by the NCB under the PITNDPS in the last three months time as compared to about only four-five such orders issued over the last six years officials said Those detained under the PITNDPS includes foreign nationals like those from African nations who are regularly caught in drug crimes in India they saidUnder the scheme of this criminal law the prosecuting agency first prepares a proposal for detention of a person whether under arrest or otherwise making a case that unless prevented the persons is likely to continue harmful and prejudicial activities by engaging in illicit traffic of drugs This proposal is subsequently vetted by a designated screening committee which either recommends the detention proposal to the detaining authority or disallows itThe detaining authority is either an officer of the rank of joint secretary at the centre or a chief secretary in the state and it can issue an detention order for a period of one year extendable to two years under certain conditions subject to confirmation by an advisory board in the high courtDetention under the law is also one of the grounds that allows the agency to attach the assets of an accused The detention period also helps investigators to go deep into the crime nexus and apprehend more people and disrupt the syndicate they saidOfficials said post the review by the NCB chief the agency has started looking at cases involving repeat or habitual narcotics criminals not only in their files but also in big cases handed over by the statesThe review came around the same time when the agency got embroiled in controversies following its October last year raids on the Cordelia cruise in Mumbai where the impartiality of the panchas witnesses deployed by it came under question and even allegations of extortion were raised against the investigatorsThese charges are currently being probed as part of an internal NCB vigilance enquiryKeeping in mind the magnitude of the drugs challenge the Union Home Ministry has also recently sanctioned a total of 1826 new posts to the NCB and this new manpower will be used to create a new cyber operations wing additional zonal and sub-zonal offices in the country and creating more ranks in the supervisory rank of deputy director general DDGAfter the final sanction is received from the government the recruitment and deputation process for the new posts will be initiated they saidThe agency at present has a sanctioned strength of about 1100 personnel out of which it has an actual strength of just over 700 staffers About 50 public prosecutors have also been engaged by the agency to present their cases before respective courts The agency never had these many prosecutors at one time to fight its cases officials said PTI NES DV DV
