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ROLE OF TECHNOLOGY PLATFORMS IN MONITORING DRUG TRAFFICKING UNDER THE NDPS ACT, 1985

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This article is written by Rabab Shawir of 7th Semester of University of Khartoum, an intern under Legal Vidhiya

Abstract

This article examines the role of technology platforms in monitoring drug trafficking under India’s Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985. The NDPS Act is the primary legal framework for controlling drug abuse and regulating the use, distribution, manufacture, and trade of narcotic drugs and psychotropic substances. India’s geographical diversity and porous borders complicate efforts to combat drug trafficking, necessitating the integration of advanced technological solutions. Technology platforms, including surveillance systems, data analytics, artificial intelligence, blockchain, biometric systems, and social media monitoring, have enhanced law enforcement capabilities. These technologies facilitate real-time communication, improve surveillance, enable advanced data analysis, and ensure the integrity of drug supply chains. However, their use raises ethical and legal considerations, particularly concerning privacy and civil liberties. Effective monitoring requires balancing security measures with respect for individual rights. The article concludes that while technology significantly enhances drug trafficking monitoring under the NDPS Act, ongoing dialogue and reform are necessary to uphold both security and individual freedoms.

Keywords

NDPS Act, Drug trafficking, Law enforcement, Technological solutions.

Introduction

The NDPS Act of 1985 serves as the primary legal framework in India, defining and regulating offenses associated with Narcotic Drugs and Psychotropic Substances. It was enacted to control drug abuse and to prohibit the use, distribution, manufacture, and trade of drugs. Narcotic drugs are substances that induce sleep, while psychotropic substances interact with the mind, causing positive alterations[1].

Drug trafficking involves the illegal cultivation, production, distribution, and sale of illicit drugs. Monitoring drug trafficking is of paramount importance for several reasons. Firstly, it is crucial for preserving and enhancing public health, as it helps reduce drug abuse and prevent drug-related diseases and crimes associated with drug trafficking. Additionally, it significantly impacts the national economy and security, contributing to a safer and more stable society.

India’s vast and varied geography, including porous borders with neighboring countries, poses significant challenges to drug trafficking control. The country is a major transit point and consumer market for illegal drugs due to its strategic location and high demand. Drug traffickers exploit these geographical and logistical factors, making monitoring efforts increasingly complex.

Technology plays an essential role in monitoring drug trafficking by providing advanced tools and methodologies that enhance the effectiveness of law enforcement agencies. These technological advancements include surveillance systems, data analytics, artificial intelligence, blockchain, biometric systems, and social media monitoring. Such technologies facilitate real-time communication, improve surveillance, enable sophisticated data analysis, and ensure the integrity of drug supply chains. The integration of these technologies into drug trafficking monitoring efforts has proven to be a game-changer, offering new avenues to detect and combat illegal activities.

However, the implementation of technology in drug monitoring also brings ethical and legal challenges, particularly concerning privacy and civil liberties. Balancing the benefits of advanced technological tools with the need to respect individual rights is a critical aspect of effective drug trafficking control.

This article explores the multifaceted role of technology platforms in monitoring drug trafficking under the NDPS Act, analyzing how these tools enhance law enforcement capabilities while also addressing the associated ethical and legal considerations.

Background of the NDPS Act

The NDPS Act was influenced by India’s obligations under international conventions, notably the Single Convention on Narcotic Drugs of 1961. This convention prompted the Indian government to enact strict regulations to control the production and distribution of narcotic substances, including cannabis, which had been widely used and culturally accepted in India before 1985​[2].

The NDPS was enacted to achieve several key objectives: Firstly, to amend and consolidate the laws governing the possession and use of narcotic drugs; secondly, to establish stringent regulations for the control, regulation, and supervision of the illegal possession, sale, transit, and consumption of narcotic drugs and psychotropic substances; thirdly, to provide a mechanism for the forfeiture of narcotic drugs and psychotropic substances, as well as properties derived from or used in illicit drug trafficking; and lastly, to establish a framework for implementing the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances, and to address other related matters[3].

The NDPS Act includes several key provisions specifically addressing drug trafficking, aiming to curb the illegal trade and ensure stringent punishment for offenders. Section 8 prohibits the production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import, and export of narcotic drugs and psychotropic substances except for medical or scientific purposes in the manner and to the extent provided by the Act[4]. section 23 prohibits the illegal import into India and export from India of narcotic drugs and psychotropic substances. It outlines the punishment for offenders including rigorous imprisonment and fines[5]. Section 29 makes abetment and criminal conspiracy to commit any offense under the Act punishable. The penalties are the same as for the offense itself, emphasizing the seriousness of involvement in drug trafficking operations[6].

Under the NDPS Act of 1985, several pivotal enforcement agencies are tasked with drug control. The Narcotics Control Bureau (NCB) serves as the principal coordinating body, tackling drug trafficking and abuse, while also managing international drug control efforts[7]. The Central Bureau of Investigation (CBI) handles high-profile drug cases involving corruption and cross-jurisdictional challenges[8]. The Directorate of Revenue Intelligence (DRI) specializes in curbing smuggling and investigating large-scale trafficking operations and economic violations related to drug trade[9]. Customs officers are stationed at borders and ports to intercept and prevent drug smuggling. At the local level, state police departments enforce the Act by conducting investigations into drug trafficking, apprehending offenders, and carrying out raids based on intelligence received[10]. The Central Excise Department oversees the regulation of narcotic drug production, ensuring adherence to legal standards, and preventing illegal manufacture[11].

Drug Trafficking in India

Drug trafficking in India is a complex and growing issue that affects various aspects of society, including public health, law enforcement, and the economy. India serves as both a significant consumer and a transit point for illegal drugs, with substances like heroin, opium, cannabis, and synthetic drugs being the most commonly trafficked. The country’s vast borders, particularly with Pakistan, Myanmar, and Afghanistan, make it a crucial link in the international drug trade. The “Golden Triangle” (Myanmar, Laos, and Thailand) and the “Golden Crescent” (Afghanistan, Iran, and Pakistan) are two major drug-producing regions that have a significant impact on India’s drug trafficking landscape[12].

The Indian government has implemented various measures to combat drug trafficking, including stringent laws, dedicated anti-narcotics agencies, and international cooperation. However, the challenge remains formidable due to the high demand for drugs, widespread corruption, and the involvement of sophisticated criminal networks. The social and economic consequences of drug trafficking are profound, contributing to rising crime rates, addiction, and the exploitation of vulnerable populations. Efforts to address the issue are ongoing, with a focus on enhancing law enforcement capabilities, increasing public awareness, and providing support for rehabilitation and recovery programs for those affected by drug abuse[13].

Challenges in Monitoring Drug Trafficking

Monitoring drug trafficking in India faces several complex challenges. Geographic diversity and porous borders form a significant difficulty. India’s vast and varied terrain, including coastal areas, mountainous regions, and dense forests, creates numerous pathways for drug smuggling that are challenging to monitor and control. The extensive and often inadequately monitored borders with neighboring countries such as Pakistan, Nepal, and Myanmar facilitate the smuggling of drugs into and out of the country. These borders are exploited by traffickers to transport drugs across international boundaries with relative ease[14].

Moreover, one of the primary obstacles is the complexity and evolving nature of trafficking networks. Drug traffickers are increasingly leveraging technological innovations to thwart drug law enforcement agencies globally. These challenges include utilizing the darknet for drug sales, employing untraceable internet-based technologies for drug-related communications, and using drones to transport drugs across borders, among other tactics[15].

Traditional methods of monitoring drug trafficking include human intelligence, physical surveillance, Manual Record-Keeping and Data Collection, and suspect interrogations. Though these methods have been the cornerstone of law enforcement efforts, they face significant limitations in terms of reach, efficiency, technological integration, and vulnerability to modern evasion tactics. Information from informants may be unreliable or prejudiced by personal biases and motivations. Corruption within law enforcement can lead to compromised operations and the leaking of sensitive information. Furthermore, Physical surveillance and patrols are limited by geographic constraints and cannot cover vast or remote areas effectively. These methods require significant manpower and resources, making it challenging to sustain prolonged surveillance efforts. Additionally, manual data collection is time-consuming and prone to errors, leading to inefficiencies in tracking and analyzing data. These traditional methods often result in delayed responses to emerging threats and real-time activities of traffickers. For all these reasons, the need to complement traditional methods with advanced technological solutions and more sophisticated strategies becomes crucial for more efficient results.

Emergence of Technology Platforms

Throughout the evolution of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in India, technology has increasingly enhanced its framework. Initially dependent on manual processes and basic enforcement measures, the implementation of the NDPS Act has been significantly improved by the introduction of digital databases, real-time communication systems, and advanced surveillance technologies[16].

A technology platform, in a general context, is a foundation of services, tools, and technologies that enable the development, deployment, and management of applications, systems, and services. Technology platforms for monitoring drug trafficking under the Narcotic Drugs and Psychotropic Substances (NDPS) Act are systems and tools designed to aid law enforcement agencies in detecting, tracking, and managing drug-related activities. These platforms leverage advanced technologies such as data analytics, artificial intelligence, geospatial analysis, and communication monitoring to enhance the effectiveness of anti-drug trafficking operations[17].

Types of Technology Platforms Used

Surveillance systems are critical for observing and recording activities in real-time. High-resolution CCTV cameras can capture detailed footage of suspected trafficking routes and production sites. Drones can cover large areas and provide aerial views, while satellite imagery offers broad coverage of remote or hard-to-reach areas. Satellite imagery can help track changes in land use or identify new drug cultivation sites by detecting unusual patterns in vegetation or land clearing activities[18].

Data analytics platforms are essential for processing and analyzing large volumes of data from various sources, such as criminal databases, social media, and financial transactions. These platforms help in identifying patterns, trends, and connections that might not be apparent through manual analysis. Advanced machine learning analytics can identify emerging trends, forecast potential smuggling activities, and locate critical nodes within smuggling and trafficking networks[19].

Blockchain is a distributed ledger technology that records transactions across multiple computers in a way that ensures the security and integrity of the data. Each transaction is stored in a “block,” and these blocks are linked together in a chronological “chain,” creating a transparent and tamper-proof record. This technology is known for its transparency, immutability, and decentralization, which can be harnessed to improve drug trafficking monitoring. Blockchain can provide an immutable record of transactions, making it easier to trace the origin and movement of pharmaceuticals and narcotics. This helps in preventing the diversion of legal drugs into illegal markets by ensuring that every transaction is recorded and verifiable. A blockchain-based system for tracking pharmaceutical products can help identify if a legitimate drug has been tampered with or if it has entered the black market, allowing for swift action to address potential diversions[20].

Automated biometric systems are becoming increasingly vital in combating drug trafficking due to their ability to enhance security and streamline the monitoring process at various levels of law enforcement and border control. These systems leverage biometric technologies—such as fingerprint recognition, facial recognition, and voice recognition—to identify and authenticate individuals based on unique physiological or behavioral characteristics.  Law enforcement agencies use biometric databases to match biometric profiles (e.g., fingerprints, facial images) obtained from crime scenes or surveillance footage with known suspects. Fingerprint matching systems can analyze prints found on drug-related evidence or at crime scenes to identify individuals involved in drug trafficking operations[21]. Automated systems at border control points use advanced scanning technologies and biometric data to screen cargo for drugs. Advanced imaging technologies such as backscatter X-rays or millimeter-wave scanners can detect concealed drugs in luggage[22].

Social media and communication monitoring play a crucial role in the fight against drug trafficking by providing law enforcement agencies with valuable intelligence and insights into illicit activities. These monitoring practices involve the use of advanced technologies and analytical methods to track, analyze, and interpret digital communications and social media interactions[23].

Secure collaboration platforms enable law enforcement agencies and international bodies (such as the United Nations Office On Drugs and Crime) to share intelligence and coordinate operations. These platforms facilitate communication and data exchange, enhancing the efficiency of joint operations against drug traffickers. INTERPOL’s I-24/7 system allows member countries to share real-time information and collaborate on investigations, helping to track and apprehend drug traffickers across borders[24].

India’s NCB has achieved success in tackling drug trafficking through darknet markets, where technology plays a pivotal role. The NCB, with support from international cybercrime units, has developed capabilities to monitor and trace transactions on the dark web. This involves using blockchain analysis tools to track cryptocurrency payments used in drug transactions[25].

Ethical and Legal Considerations

The use of advanced technologies for monitoring drug trafficking involves significant ethical and legal considerations. Monitoring drug trafficking through technologies such as social media analysis, biometric systems, and communication interception involves extensive data collection and surveillance, raising concerns about intrusiveness and potential violations of individual privacy. Social media monitoring can involve the tracking of individuals’ posts, messages, and interactions, which might include personal and sensitive information unrelated to illegal activities. The vast amount of data collected through these technologies requires secure storage and management. Unauthorized access or data breaches can expose sensitive personal information, leading to privacy violations and potential misuse. A breach in a biometric database containing facial recognition data could result in identity theft or unauthorized surveillance[26].

Furthermore, Balancing security and civil liberties in the context of monitoring drug trafficking through technology platforms requires ensuring that surveillance measures are both necessary and proportionate to the threat posed. Surveillance and data collection should be minimally intrusive, using the least invasive methods available to achieve security goals, and respecting individuals’ rights to privacy, freedom of expression, and due process[27].

Conclusion

Drug trafficking continues to pose a significant dilemma for societies due to its far-reaching consequences and the immense burden it places on authorities. Law enforcement agencies face tremendous challenges in combating this issue. Due to its geographical diversity and porous borders, Indian authorities are under an extremely complex challenge to monitor and control drug trafficking. The NDPS Act serves as the primary legislation aimed at tackling this issue. It provides stringent provisions and rigorous punishments and entitles law enforcement agencies with designated undertakings.

Technology assumes a dual role in the context of drug abuse. The internet and dark web have facilitated the rapid trade and distribution of drugs for sellers. On the other hand, technology has been a game-changer in monitoring drug trafficking. Law enforcement agencies are increasingly leveraging technologies such as surveillance drones, biometric systems, and social media monitoring to track and apprehend traffickers. Collaboration with international bodies like INTERPOL and the United Nations Office on Drugs and Crime (UNODC) is crucial in addressing the transnational aspects of drug trafficking. However, balancing these efforts with respect for civil liberties and privacy rights remains a critical challenge, necessitating ongoing dialogue and reform to ensure both security and individual freedoms are upheld.

References

  1. Narcotic Drugs and Psychotropic Substances Act, 1985, Acts of Parliament, 1985 (India).
  2. Nikunj Arora, NDPS Act: Narcotic Drugs and Psychotropic Substances Act 1985, IPLEADERS (July 21, 2024, 03:12 PM), https://blog.ipleaders.in/ndps-act-narcotic-drugs-and-psychotropic-substances-act-1985/
  3. BYJUS, https://byjus.com/free-ias-prep/narcotic-drugs-and-psychotropic-substances-act-1985/ (last visited July 21, 2024).
  4. NCB, https://narcoticsindia.nic.in/ (last visited July 22, 2024).
  5. CBI, https://cbi.gov.in/ (last visited July 22, 2024).
  6. DRI, https://dri.nic.in/main/aboutus (last visited July 22, 2024).
  7. CBIC, https://cbic.gov.in/  (last visited July 22, 2024).
  8. SHANKAR IAS PARLIAMENT, https://www.shankariasparliament.com/current-affairs/drug-trafficking-in-india (last visited July 26, 2024).
  9. Sahibpreet Singh, Technological Interventions in Combating Societal Drug Abuse, RESEARCHGATE (March 2024), https://www.researchgate.net/publication/379412597_Technological_Interventions_in_Combating_Societal_Drug_Abuse
  10. PWONLYIAS, https://pwonlyias.com/upsc-notes/security-challenges-and-their-management-in-border-areas/ (last visited July 23, 2024).
  11. UNODC, https://www.unodc.org/roca/en/news/unodc-explains-the-combined-use-of-unmanned-aerial-vehicles-and-ground-surveillance-systems.html (last visited July 25, 2024).
  12. Mark Massop, How decision intelligence and data-driven approaches can combat drug smuggling, trafficking networks, POLICE1 (August 15, 2023, 10:46 AM), https://www.police1.com/police-products/intelligence-led-policing/articles/how-decision-intelligence-and-data-driven-approaches-can-combat-drug-smuggling-trafficking-networks-FEr9i1xmzjLIEzMI/
  13. SAGE JOURNALS, https://journals.sagepub.com/doi/full/10.1177/14604582211011228 (last visited July 25, 2024).
  14. Shounak Roy, Role of Technology in Combating Drug Trafficking, DRISHTI (26 Jun, 2023), https://www.drishtiias.com/blog/role-of-technology-in-combating-drug-trafficking
  15. US DEPARTMENT OF HOMELAND SECURITY, https://www.dhs.gov/sites/default/files/2023-08/23_0710_s%26t_%20rapid_technologies_for_drug_interdiction_r_and_d.pdf (last visited July 26, 2024).
  16. Donna M Kazemi, Brian Borsari, Maureen J Levine, and Beau Dooley, Systematic review of surveillance by social media platforms for illicit drug use, NATIONAL LIBRARY OF MEDICINE ( Mar 14, 2017), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6092878/
  17. BYJUS, https://byjus.com/free-ias-prep/interpol/ (last visited July 26, 2024).
  18. Shayak Majumder, Darknet Drug Trafficking: Govt Forms Special Task Force to Combat Cases Involving Cryptocurrency & Darknet, ADP LIVE (July 26, 2024, 08:29 PM), https://news.abplive.com/technology/darknet-cryptocurrency-special-task-force-narcotics-control-bureau-ncb-1705800
  19. INTERNET ENCYCLOPEDIA OF PHILOSOPHY, https://iep.utm.edu/surv-eth/ (last visited July 26, 2024).

[1] Nikunj Arora, NDPS Act: Narcotic Drugs and Psychotropic Substances Act 1985, IPLEADERS (July 21, 2024, 03:12 PM), https://blog.ipleaders.in/ndps-act-narcotic-drugs-and-psychotropic-substances-act-1985/

[2] BYJUS, https://byjus.com/free-ias-prep/narcotic-drugs-and-psychotropic-substances-act-1985/ (last visited July 21, 2024).

[3] Supra note 1.

[4] Narcotic Drugs and Psychotropic Substances Act, 1985, § 8, Acts of Parliament, 1985 (India).

[5] Id. §23.

[6] Id. §29.

[7] NCB, https://narcoticsindia.nic.in/ (last visited July 22, 2024).

[8] CBI, https://cbi.gov.in/ (last visited July 22, 2024).

[9] DRI, https://dri.nic.in/main/aboutus (last visited July 22, 2024).

[10] Supra note 7.

[11] CBIC, https://cbic.gov.in/  (last visited July 22, 2024).

[12] SHANKAR IAS PARLIAMENT, https://www.shankariasparliament.com/current-affairs/drug-trafficking-in-india (last visited July 26, 2024).

[13] Sahibpreet Singh, Technological Interventions in Combating Societal Drug Abuse, RESEARCHGATE (March 2024), https://www.researchgate.net/publication/379412597_Technological_Interventions_in_Combating_Societal_Drug_Abuse

[14] PWONLYIAS, https://pwonlyias.com/upsc-notes/security-challenges-and-their-management-in-border-areas/ (last visited July 23, 2024).

[15] Supra note 7.

[16] Supra note 7.

[17] Supra note 13.

[18] UNODC, https://www.unodc.org/roca/en/news/unodc-explains-the-combined-use-of-unmanned-aerial-vehicles-and-ground-surveillance-systems.html (last visited July 25, 2024).

[19] Mark Massop, How decision intelligence and data-driven approaches can combat drug smuggling, trafficking networks, POLICE1 (August 15, 2023, 10:46 AM), https://www.police1.com/police-products/intelligence-led-policing/articles/how-decision-intelligence-and-data-driven-approaches-can-combat-drug-smuggling-trafficking-networks-FEr9i1xmzjLIEzMI/

[20] SAGE JOURNALS, https://journals.sagepub.com/doi/full/10.1177/14604582211011228 (last visited July 25, 2024).

[21] Shounak Roy, Role of Technology in Combating Drug Trafficking, DRISHTI (26 Jun, 2023), https://www.drishtiias.com/blog/role-of-technology-in-combating-drug-trafficking

[22] US DEPARTMENT OF HOMELAND SECURITY, https://www.dhs.gov/sites/default/files/2023-08/23_0710_s%26t_%20rapid_technologies_for_drug_interdiction_r_and_d.pdf (last visited July 26, 2024).

[23] Donna M Kazemi, Brian Borsari, Maureen J Levine, and Beau Dooley, Systematic review of surveillance by social media platforms for illicit drug use, NATIONAL LIBRARY OF MEDICINE ( Mar 14, 2017), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6092878/

[24] BYJUS, https://byjus.com/free-ias-prep/interpol/ (last visited July 26, 2024).

[25] Shayak Majumder, Darknet Drug Trafficking: Govt Forms Special Task Force to Combat Cases Involving Cryptocurrency & Darknet, ADP LIVE (July 26, 2024, 08:29 PM), https://news.abplive.com/technology/darknet-cryptocurrency-special-task-force-narcotics-control-bureau-ncb-1705800

[26] Supra note 21.

[27] INTERNET ENCYCLOPEDIA OF PHILOSOPHY, https://iep.utm.edu/surv-eth/ (last visited July 26, 2024).

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