MANUAL

UNDER SECTION 4 (1) b (iv) OF

RIGHT TO INFORMATION ACT, 2005

 

NORMS SET FOR DISCHARGE OF FUNCTIONS

 

(A)     Superintendence of opium cultivation :  

 

            The superintendence of opium poppy cultivation is regulated in accordance with Rule 5(2) of the NDPS Act, 1985 and NDPS Rules, which includes the following important functions: 

 

i)          Issue of Licence to opium poppy cultivators: The General Conditions for issuance of license regarding eligibility, minimum qualifying yield etc., are finalized by the Ministry in the month of October every year. Licences are issued by the DOO generally within a period of two-three weeks on receipt of General Conditions for issue of Licence from the Govt. in Form No.1 prescribed under Rule 7 of NDPS Rules.

 

In case of refusal of licence for opium poppy cultivation by the District Opium Officer, the cultivator may appeal to the Deputy Narcotics Commissioner within thirty days from the date of communication to him of such decision or order under Rule 28(1)(a) of NDPS Rules. If the decision or order regarding withholding or cancellation of licence for opium poppy cultivation is passed by the Deputy Narcotics Commissioner, appeal in such cases under Rule 28(1)(b) of NDPS Rules shall lie to the Narcotics Commissioner.

 

ii)         Measurement: This works generally commences after 25th December. The measurement of opium poppy fields of all licensed poppy cultivators brought under poppy cultivation is conducted by the Sub-Inspectors as specified under Rule 12 of NDPS Rules.  The area measured in respect of each licensed cultivator is entered in the individual license as well as in the Joint License of the village. 

 

iii)        Test Measurement    The selective test-measurement of poppy fields is also undertaken by the Inspectors, DOO, Superintendent and  senior officers of the Rank of  ANC/DNC as specified by the Narcotics Commissioner under Rule 12(2) of NDPS Rules generally in the 1st week of February. 

 

iv)        Damage to poppy  crop  and Uprooting: Departmental Instructions provide that crop which is damaged due to natural calamities can be uprooted partially or fully under departmental supervision by a Gazetted Officer, usually by the District Opium Officer/Superintendent, on an application for uprooting from the cultivator. Uprooting is permitted only prior to lancing/extraction of opium.

 

v)         PWR checks:  The cultivators during the course of harvesting are required to produce daily collection of their opium crop before the Lambardar for weighment as specified under Rule 13 of NDPS Rules. The weighment of such opium is conducted by the Lambardar and necessary entries are made in the Preliminary Weighment Register prescribed for the purpose. Check weighment of such opium collected by the cultivators is also conducted by the departmental officers, with reference to the entries in the Preliminary Weighment Register maintained by the Lambardars.

 

vi)        Opium Procurement & Weighment:           

 

            In the month of March/April, the Central Bureau of Narcotics sets up procurement centers for collection of opium i.e. known as Weighment Centers and this operation is known as Weighment as specified under Rules, 14, 15, 16, 17 and 20 of NDPS Rules, 1985.

 

            At the weighment centers, the  Consistence/Class of opium tendered by the cultivator is determined by means of Oven Test by the Chemist deputed from Central Revenue Chemical laboratories. After determination of consistence, the opium is weighed and 90%  of the payment due is made to the cultivators after converting the weight of opium tendered by the cultivator to 70ºC (consistence) for maintaining uniformity.

 

(B)     Technical work

1.  Issue of Licence for manufacturing of manufactured drugs under Rule-37 of the NDPS  Rules, 1985 :-

         

The Manufacturing Licence for manufacture of manufactured drugs notified under sub-clause (b) of Cl. (xi) of Section 2 of the NDPS Act, 1985 is granted subject to submission of all requisite documents/information, prescribed by Central Bureau of Narcotics. Additionally the Narcotics Commissioner also consults the Drugs Controller General (India) under the provision of Rule-35 of the NDPS Rules, 1985 before issuing a manufacturing licence.

 

Before issuing a manufacturing licence, it is also ensured that the total quantity of manufactured drugs allowed to be manufactured during any year does not exceed the annual estimated requirements of India as furnished to the International Narcotics Control Board, Vienna, Austria.

 

2.      Issue of Import Certificate for import of narcotic drugs and psychotropic          substances under Rule-55 (1) of the NDPS Rules, 1985:-

 

The issuance of import certificate for import of narcotic drugs and psychotropic substances is granted subject to submission of all requisite documents/information, prescribed by CBN. Additionally, the issuance of import certificate involves verification of legitimacy of the transaction, genuineness of the importer and availability of estimate in respect of India. Other Government Agencies, Competent Authorities of the importing countries and/or International Organization are consulted as and when required. 

 

 

3.  Issue of Export Authorisation for export of narcotic drugs and psychotropic                      substances  under Rule-58 (1) of the NDPS Rules, 1985 :-

 

The issuance of export authorization for export of narcotic drugs and psychotropic substances is granted subject to submission of all requisite documents/information, prescribed by CBN. Additionally, the issuance of export authorization involves verification of legitimacy of the transaction, genuineness of the importer/exporter and availability of estimate in respect of importing country. Concerned Government Agencies, Competent Authority of the exporting countries or any international organization is consulted as and when required. 

 

4.  Issue of NOC for export /import of ‘select’ precursor chemicals under  the provision of DGFT notifications/administrative control:-

 

The issuance of No Objection Certificate (NOC) for export/import of  “select” precursor Chemicals is  granted subject to submission of all requisite documents/information, prescribed by CBN. Additionally, the issuance of NOC involves verification of legitimacy of the transaction and genuineness of the importer/exporter.

 

5.  Registration of import contract for import of poppy seeds under the provision of DGFT notification:-

 

            The Registration of import contracts with the Narcotics Commissioner for import of poppy seeds is provided for in the Ministry of Commerce and Industry, Department of Commerce, Notification No.27(RE-2000)/1997-2002 dated 1.8.2000, which reads as follows:-

 

(i)               Import permitted only from Australia, Austria, France, China, Hungary, the Netherlands, Poland, Slovenia, Spain, Turkey and Czech Republic.

(ii)        The importer shall produce an appropriate certificate from the competent authority of the exporting country that Opium Poppy have been grown licitly/legally in that country as per requirements of international Narcotics Control Board (INCB) and

(iii)       All import contracts for this item shall compulsory be registered with the Narcotics Commissioner, Gwalior prior to import.

 

            Additionally, the registration of import contract involves verification of legitimacy of the transaction and genuineness of the importer. Other Government Agencies or any International Organization are  consulted as and when required.

 

(C)     Preventive and Enforcement work.

 

            The officers of CBN of and above the rank of Sub Inspectors have been empowered   as per Notification No. 6/85 dated 14.11.195 -S.O. 822(E) issued by the Ministry under the provisions of section 42 of the NDPS Act, 1985.

 

1.         Recording of information 

           

            Whenever any information regarding drug trafficking of drug trafficker is received it is taken down in writing and is forwarded to the immediate official superior to the person recording the information The officers of and above the rank of a Sub Inspector of CBN are empowered   as per Notification No. 6/85 dated 14.11.195 -S.O. 822(E) issued by the Ministry under the provisions of section 42 of the NDPS Act, 1985 to take such action.

 

2.         Search & Seizure:

 

            The officers of and above the rank of a Sub Inspector of CBN  are empowered for search, seizure and arrest as per Notification No. 6/85 dated 14.11.195 -S.O. 822(E) issued by the Ministry under the provisions of section 42 of the NDPS Act. 1985 

 

             Before commencement of the search the officer obtains authorization for the search as per provision of section 41(2) of NDPS Act. 1985. An officer of and above the rank of superintendent of CBN have also been empowered to issue search authorization under the provision of above mentioned section of the Act.  Search of a premises or a person is conducted in presence of two independent respectable witnesses of that locality and owner of the premises. Search of a person is conducted strictly in accordance with the provisions provided in section 50 of the NDPS Act. The search of the person is conducted before any Gazetted Officer of any of the department mentioned in section 42 of the Act or before the nearest Magistrate if such person so requires. 

 

 

3.         Preparation of Seizure Memo (Panchnama):

 

            After conclusion of search, a panchnama containing details of legal formalities observed and illicit drugs or things or documents recovered is to be drawn on the spot.. In case of no recovery, a panchnama regarding non recovery is drawn on the spot. The panchnama bears the signatures of the witnesses and owner of the premises searched alongwith their names addresses etc, An officer of and above the rank of a sub Inspector of CBN is empowered for search and seizure

 

4.    Drawal of Sample :    

 

            Representative Samples two each of the required quantity from the seized drugs are drawn and sealed on the spot before the Witnesses and owner of the drug for chemical analysis. Seized drug is also weighed and sealed in presence of witnesses and owner and their signature or thumb impression are taken on the sealed packets. After completion of required formalities it is required to be sent to the concerned laboratory.

 

5.    Statements of the accused: 

 

            Interrogation of the suspect is required to be recorded u/s 67 of the NDPS Act, 1985. to ascertain his involvement/role in the drug trade, associates, occupation, financial profile etc An officer of and above the rank of a Sub Inspector of CBN empowered under section 42 of the NDPS Act may call for any information and examine a person during the course of any enquiry in connection with the contravention of any provision of NDPS Act 1985 as per provision of Section 67 of the Act

 

         It is be ensured that the said statement should be written by him in his own hand writing. In case that statement is not written by him due to any reason, it is to mention  that the said statement  has been read out and explained to the person in the language known to him, before concluding the statement. In the event of his arrest, he is informed of the ground of his arrest

 

6.   Disposal of person arrested and articles seized :

 

            The officer who seizes the article and arrests the person,  forwards the person to the jurisdictional Magistrate without unnecessary delay. He also forwards the arrested person/persons and the seized articles to the officer empowered u/s 53 as per provisions of Section 52 of the Act. The officer making arrest also informs about the arrest to the family member or any nominated person of the person arrested immediately.

 

            The officers of CBN of and above the rank of an Inspector have been invested with the powers of a Station Incharge of Police Station for taking charge of the seized articles and person arrested and for the investigation of the offences under the NDPS Act. 1985 vide Notification No. 7/85 dated 14.11.985-S.O. 823 (E) issued by the Ministry under the provision of section 53 of NDPS Act

 

7.         Information regarding seizure and arrest :  

 

            It is mandatory to report to the immediate superior officer regarding such seizure and arrest in terms of Sec.57 of the Act.

 

8.         Appointment of Investigating Officer :

 

            Upon receiving the report of seizure and arrest alongwith seized goods/articles and the accused, an Investigating officer is immediately to be appointed u/s 53 of the Act to take the charge of the seized articles and person arrested, from the seizing officer. The officers of CBN of and above the rank of an Inspector has been invested with the powers of a Station Incharge of Police Station for the investigation of the offences under the NDPS Act. 1985 vide Notification No. 7/85 dated 14.11.985-S.O. 823 (E) issued by the Ministry under the provision of section 53 of NDPS Act. The IO should obtain remand of the accused if necessary and further arrange to take follow up action where required. 

 

9.         Deposition of seized goods :

 

            The seized goods including samples are to be kept in Malkhana(godown). The incharge malkhana after examining all seal and description of the goods and its weight, is to enter the particulars in Malkhana Register.

 

10.       Dispatch of samples for chemical analysis:

 

            It is the responsibility of the Investigating Officer to ensure the dispatch of one sample out of the two samples drawn from seized stuff for chemical analysis to the Govt. Opium & Alkaloid Factories, Ghazipur or Neemuch for chemical analysis.

 

 

11.  Filing of complaint:

 

            After receiving the test report from the chemical examiner and   completion of investigation, the Investigating  Officer (IO)  has to   file a complaint under the relevant provision of the Act in the court of Special Judge for NDPS. within the stipulated time period as per provisions of Section 36A(4) of the NDPS Act 1985.

 

12.       Identifying, Seizing or freezing of illegally acquired properties of        drug offenders:-

 

            Action for Identifying, seizing or freezing of illegally acquired properties of drug offenders: is taken by the officers of CBN as per provisions of chapter VA of the NDPS act 1985. Any officer of CBN empowered under Section 53 of the Act. may trace, identify, seize or freeze the illegally acquired properties of drug offenders covered under Chapter VA of the NDPS Act 1985.(Section 68E of the NDPS act ) A copy of the order made for seizing  illegally acquired property is to be sent to the Competent Authority  as per provisions of Section 68 F (2) of NDPS Act.

 

13.  Proposal for Detention :

 

            Action for preventive detention against habitual and organized illicit drug traffickers is taken under the provisions  of the  Prevention of illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988 (PITNDPS Act. 1988), in order to check their activities. A proposal for detention is forwarded to the detaining authority appointed by the Government as per provision of section 3(1) of PITNDPS Act. 1988. The detaining authority after examining the facts and circumstances of the case comes to the conclusion as to whether there are sufficient grounds for issue of preventive detention order for detention. After the detention a reference is made to the  Advisory Board for its report as per section 9 of PITNDPS Act. 1988.  The maximum period for which any person can be detained is provided in  section 11 of the PITNDPS Act. 1988.

 

(D)     Administrative, establishment functions of the Department

 

          In addition to the above work mentioned at  A, B, and C,  the field officers  of the CBN as well as the Hqrs. office also  undertake  examination  of various matters relating  to administration & establishment of the organization. These  relate to day to day  function of the offices including procurement of articles and equipments, transfer and posting of officers and staff, allocation of duties and functions  to various offices and branches, holding of DPC’s  for promotion of officers  as and when due, vigilance, budget and accounts work etc.

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