ILLICIT CULTIVATION OF NARCOTICS CROP
ILLICIT CULTIVATION OF NARCOTICS CROP:-
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| Illicit Cultivation |
Seizure of drugs is one way to curb the supply of drugs. But the best way to do so would be to end it from where it begins-cultivation of such crops.
Survey, identification and destruction of illicit crops of Cannabis, Opium Poppy and Coca plants is one of the main strategies to cut down the supply of
drugs. In India, only opium poppy and cannabis are illegally grown. Coca plant cultivation is confined to South and Central America. The NDPS Act 1985 has
specific provisions which empower the field officers to take appropriate action in this regard.
Power: The DLEO is authorized under Section44 of the NDPS Act to seize illicit narcotic plants. Under Section 48 of the NDPS Act, the DLEO, if he is a Gazetted Officer, can attach the crops and issue orders for destruction of the seized narcotic plants.
Under Section 46 of the NDPS Act, a land holder is obliged to report any illicit cultivation of narcotic plants on his field. Under Section 47 of the NDPS Act, the land revenue officials are obliged to report any instance of illicit narcotic crop cultivation to any of the authorized officers under Section 42. Process: Upon identification of illicit standing narcotic crops, the DLEO should do the following:
a) Approach the village headman and the land revenue official to ascertain the land identification number and ownership from the land records; follow up with on the spot enquiries and identify the land owner and the cultivator.
b) In case of forest land, the DLEO should contact the jurisdictional forest officer, ascertain from records and conduct on the spot enquiries about the details of the cultivator and ensure his presence during proceedings.
c) Take measurement of the field with such crops.
d) Count number of plants. For a rational and fair estimate, he should earmark sq. mtr. area at three to four different portions of the land, count the number of plants, uproot or cut the plants and weigh the total. Then average the number and weight of the plants per sq. mtr. and then extrapolate the numbers to arrive at the total number and weight for the entire expanse
e) Seize the standing crop and take representative samples of a few opium poppy plants or twigs of cannabis plant under Panchanama
f) Furnish a report under Section 57 of the NDPS Act to the Gazetted Officer. If a GO accompanies.
the search party, there is no need to give such a report and in the Panchanama the presence of the Gazetted Officer should be clearly mentioned:
g) Obtain an attachment order from the Gazetted Officer and order for the destruction of the same.
h) Proceed to uproot or cut the plants by using manual labor or machinery
i) Burn the plants
j) Photograph the standing crop and videograph the entire proceeding mentioning it in the Panchanama and retain the photograph/video as evidence
However, the above procedure should be followed in case the ownership of the field with narcotic crops cannot be identified as in case of forest land or other government land. A single running Panchanama incorporating the entire process from points a) to j) can be drawn.
If the cultivator of the illicit crops is identified, arrested and produced in the court, the Gazetted Officer should not pass the order of destruction without the permission of the court. In such cases, the uprooted crops/plants should be stored in the Malkhana or some other safe/secure place and the
process under Section 52A to obtain permission for pre-trial disposal should be immediately initiated. It is only after securing certification under Section 52A that the destruction should be carried out.
Seizure of drugs is one way to curb the supply of drugs. But the best way to do so would be to end it from where it begins-cultivation of such crops.
Survey, identification and destruction of illicit crops of Cannabis, Opium Poppy and Coca plants is one of the main strategies to cut down the supply of
drugs. In India, only opium poppy and cannabis are illegally grown. Coca plant cultivation is confined to South and Central America. The NDPS Act 1985 has
specific provisions which empower the field officers to take appropriate action in this regard.
Power: The DLEO is authorized under Section44 of the NDPS Act to seize illicit narcotic plants. Under Section 48 of the NDPS Act, the DLEO, if he is a Gazetted Officer, can attach the crops and issue orders for destruction of the seized narcotic plants.
Under Section 46 of the NDPS Act, a land holder is obliged to report any illicit cultivation of narcotic plants on his field. Under Section 47 of the NDPS Act, the land revenue officials are obliged to report any instance of illicit narcotic crop cultivation to any of the authorized officers under Section 42. Process: Upon identification of illicit standing narcotic crops, the DLEO should do the following:
a) Approach the village headman and the land revenue official to ascertain the land identification number and ownership from the land records; follow up with on the spot enquiries and identify the land owner and the cultivator.
b) In case of forest land, the DLEO should contact the jurisdictional forest officer, ascertain from records and conduct on the spot enquiries about the details of the cultivator and ensure his presence during proceedings.
c) Take measurement of the field with such crops.
d) Count number of plants. For a rational and fair estimate, he should earmark sq. mtr. area at three to four different portions of the land, count the number of plants, uproot or cut the plants and weigh the total. Then average the number and weight of the plants per sq. mtr. and then extrapolate the numbers to arrive at the total number and weight for the entire expanse
e) Seize the standing crop and take representative samples of a few opium poppy plants or twigs of cannabis plant under Panchanama
f) Furnish a report under Section 57 of the NDPS Act to the Gazetted Officer. If a GO accompanies.
the search party, there is no need to give such a report and in the Panchanama the presence of the Gazetted Officer should be clearly mentioned:
g) Obtain an attachment order from the Gazetted Officer and order for the destruction of the same.
h) Proceed to uproot or cut the plants by using manual labor or machinery
i) Burn the plants
j) Photograph the standing crop and videograph the entire proceeding mentioning it in the Panchanama and retain the photograph/video as evidence
However, the above procedure should be followed in case the ownership of the field with narcotic crops cannot be identified as in case of forest land or other government land. A single running Panchanama incorporating the entire process from points a) to j) can be drawn.
If the cultivator of the illicit crops is identified, arrested and produced in the court, the Gazetted Officer should not pass the order of destruction without the permission of the court. In such cases, the uprooted crops/plants should be stored in the Malkhana or some other safe/secure place and the
process under Section 52A to obtain permission for pre-trial disposal should be immediately initiated. It is only after securing certification under Section 52A that the destruction should be carried out.
By:
BHUPENDER SHARMA
BHUPENDER SHARMA
GOOD,,,KEEP IT UP
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