State officials undergo training on Drug Law Enforcement

GANGTOK, 24 Feb: Mid-level officials, mostly inspectors and sub-inspectors of Sikkim Police, Sikkim Excise and senior drug inspectors of the State Health department are undergoing a two-day basic training course on Drug Law Enforcement being organized by the Department of Excise under the aegis of Narcotics Control Bureau, Kolkata Zonal Unit at Hotel Chumbi Residency starting today.
The first day of the training programme shed light on issues such as national, international drug scenario, main sources of supply of narcotics drugs, routes of illicit trafficking particular to the state, country including more vulnerable and sensitive areas.
Further, information was also disseminated regarding the basic provisions and salient features of NDPS Act, 1985, including amendments in the act, search, seizure, arrest basic enforcement framework of NDPS Act, 1985, the powers and jurisdiction of enforcement framework of NDPS Act, 1985, preparation of various documents including formats thereof from the stage of receipt of secret information till the filling of challan, charge sheet and complaints.
It was also informed today that drugs could be classified into three types, natural, semi- synthetic and synthetic. Natural drugs are drugs obtained from natural sources like plants for example opium, cannabis, etc, while semi-synthetic drugs are those that are manufactured by processing natural drugs with chemicals eg. heroin, cocaine, etc. Synthetic drugs are manufactured purely from synthetic substances eg. Barbiturates, ATS etc.
Drugs further act in three variants, depressants, stimulants and hallucinogens. Depressants are drugs that slow down the activity of Central Nervous System, eg. Opium, Heroin, Barbiturates etc while Stimulants increase the activity of Central Nervous System, eg,  Amphetamine, Cocaine, etc, Hallucinogens are drugs that distort our normal visions, hearing and feeling functions, eg. LSD, PCP, Mescaline, Psylocibin.
During the programme the participants were told about the Opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs Act, 1930 that were applicable prior to the enactment of NDPS Act, 1985,It was informed that the scheme of punishment was not sufficiently deterrent to meet the growing challenge.  Maximum punishment was upto 3 yrs of imprisonment (4 yrs. for repeat offence).
Further that these laws were found grossly inadequate to deal with the challenges posed by drug trafficking and abuse. Moreover the international conventions also stipulated the member countries to formulate comprehensive laws which will act as a strong deterrent to drug offenders. In consonance with these the NDPS Act, 1985, was enacted by the Govt. of India and came into force from 14th November, 1985.
Talking about the salient features of the Act, it was informed that it has 83 sections and a schedule which contains a list of psychotropic substances. That, Punishment graded into 3 categories for small, medium and commercial quantities. Also that Offences under Sec 19, 24,27A and offences involving commercial quantity attract maximum punishment. Provision also has it that there is enhanced punishment for repeat offences along with the Constitution of special courts.
It was also explained that all offences are cognizable and non-bailable and that stringent bail conditions for grave offences specially u/s 19, 24, 27A and cases involving commercial quantities. Information was also shared on Controlled delivery, Pre-trial disposal of seized narcotic drugs, forfeiture of property acquired through drug traffic and that it was amended twice in the year 1988 and 2001.
Shedding light on the changes brought through amendment it was mentioned that a new Chapter IIA relating to the constitution of a National Fund for Control of Drug Abuse was introduced. Further, that a New Sec. 31A providing death penalty was introduced.
It was said that Sec. 32A was introduced which provides that no sentence awarded (other than Sec. 27) should be suspended, remitted or commuted. Constitution of Special Court was provided in a new Sec. 36A and that Sec 37 was substituted to make offences cognizable and non-bailable. Also that a New Sec. 64A provided immunity from prosecution to an addict on condition it was said that a new Chapter VA was introduced to cover all aspects relating to forfeiture of property derived from, or used in, illicit traffic to regulate and control precursor chemicals, Sec 9A was introduced and that the new sec 25A provided punishment in relation to precursor chemicals.
That the main change brought about by the Amendment in 2001 is the gradation of punishment depending on the quantity of drug involved. Further, that the quantity of drug has been segregated as small, medium and commercial.  Small means RI up to 6 month or with fine up to Rs. 10,000 or both, medium means RI up to 10 yrs. and with fine up to Rs. 1 lakh and commercial means RI not less than 10 yrs. and up to 20 yrs. and with fine not less than Rs. 1 lakh up to 2 lakh. And that Provision of controlled delivery has also been incorporated through this amendment.
The second day of the training programme will see the trainees getting briefed on the procedure of drawl of samples, storage and disposal of narcotics drugs including pre-trial disposal u/s 52A of the NDPS Act, 1985, provisions of relating to identification, freezing and forfeiture of property derived from or used in illicit traffic of drugs, destruction of poppy/cannabis cultivation, concepts of precursors in the context of illicit drug trafficking, international obligations, modus operandi for illegal diversion of precursors and the rewards and assistance to states.
Present for the inaugural session of the training programme was the Commissioner of Excise, Pintso Wangyal Bhutia, Additional Commissioner, Binita Chhetri, Deputy Commissioner of Excise, Chenga Bhutia. The resource person from NCB, Kolkata was Intelligence officer, Chanchal Sarkar.