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May 11, 2024

11 May -24 : Directorate of Revenue Intelligence (DRI)/NDPS) Act, 1985

Why in news? The Directorate of Revenue Intelligence (DRI) officials has recently  arrested a foreign national, who was found smuggling 77 capsules filled with 1.46 kg Cocaine worth Rs 15 crore in his stomach.

DRI has arrested him under relevant sections of Narcotics Drugs and Psychotropic Substances (NDPS) Act.

About The Directorate of Revenue Intelligence (DRI):

It is India’s premier agency tasked with fighting smuggling and safeguarding its economic borders. Here’s a breakdown of its key functions:

Anti-smuggling operations: DRI acts as the apex anti-smuggling agency for Indian customs. They work to prevent and detect the illegal import and export of goods, including:

  • Narcotics and drugs
  • Gold, diamonds, and other precious commodities
  • Electronics and counterfeit goods
  • Foreign currency and fake Indian currency

Intelligence gathering and analysis: DRI actively collects, analyzes, and disseminates intelligence related to smuggling activities. This allows them to stay ahead of smuggling trends and target their efforts effectively.

Investigations and prosecution: When DRI discovers smuggling attempts, they conduct investigations and gather evidence. They can then prosecute those involved according to relevant laws like the Customs Act and the Narcotics Drugs and Psychotropic Substances Act (NDPS Act).

  • Curbing other economic offenses: DRI’s role goes beyond just traditional smuggling. They also combat commercial frauds related to international trade and work to prevent customs duty evasion.

Structure and Leadership:

  • DRI falls under the Central Board of Indirect Taxes and Customs (CBIC), which is part of the Ministry of Finance in the Government of India.
  • It’s headed by a Director General with the rank of Special Secretary to the Government of India.
  • The organization is divided into seven zones, each led by an Additional Director General.

 

About the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985:

Under the Indian Penal Code (IPC), cocaine-related offenses are primarily addressed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The NDPS Act contains provisions specifically targeting the cultivation, possession, transportation, sale, purchase, use, and consumption of narcotic drugs and psychotropic substances, including cocaine.

Key provisions related to cocaine under the NDPS Act:

Section 8: Prohibition of certain operations – This section prohibits the cultivation of any cannabis plant, the production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import inter-State, export inter-State, import into India, export from India or transshipment of narcotic drugs and psychotropic substances except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act.

Section 20: Punishment for contravention in relation to manufactured drugs and preparations – This section deals with punishment for contravention in relation to manufactured drugs and preparations and prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

Section 21: Punishment for contravention in relation to cannabis plant and cannabis – This section deals with punishment for contravention in relation to cannabis plant and cannabis and prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

Section 22: Punishment for contravention in relation to psychotropic substances – This section deals with punishment for contravention in relation to psychotropic substances and prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

Section 27A: Punishment for financing illicit traffic and harboring offenders – This section deals with punishment for financing illicit traffic and harboring offenders and prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

 


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