ROLE AND POWERS OF THE NARCOTICS CONTROL BUREAU (NCB)

The main statute that governs the Drugs and psychotropic substances in India is The Narcotic Drug and Psychotropic Substances Act, 1985. Under section 4(3) of the act, it is given that the Central Government, if it deems necessary that it can constitute an authority or the hierarchy of authorities for the purposes of this act, mentioned in the Official Gazette for taking measures on the matters as mentioned in Sub – section 2 of the act.

It was under the mandate of the section4(3) of the act that the Narcotics Control Bureau (NCB) was established on 17 March 1986. It has its headquarters in New Delhi. Its parent agency is the Ministry of Home Affairs.

The Narcotic Control Bureau was established to fully implement The Narcotic Drug and Psychotropic Substances Act, 1985,

Role of the Narcotics Control Bureau

According to Section 5 of the NDPS Act the central government without any prejudice to the sub section 3 of Section 4 of the act, shall appoint a Narcotics Commissioner and may also appoint other officers as it deems necessary for the purpose of this act.

The Narcotics Commissioner, through himself or his subordinate officers, shall exercise all the powers and fulfill all the functions in superintendence to the cultivation of the Opium Poppy and production of opium and he shall also exercise all the powers and the functions as entrusted to him by the central government.

The officers appointed under sub – section 1 of section 5 shall be subject to the general control and direction of the Central Government, and if directed by the government, they may be under the supervision of any other board or authority of officer.

The main purpose of the Narcotics Control Bureau is to fight drug trafficking on an all-India level. The Narcotics Control Bureau provides training to the personnel of India’s Drug law enforcement agencies in fighting drug trafficking. The Narcotics Control Bureau also monitors the frontiers of India to track down the points where smuggling takes place with the foreign traffickers.

Powers of the Narcotics Control Bureau

Under section 41 of the NDPS Act, it is given that a Metropolitan Magistrate or a Magistrate of First Class or any magistrate of second class empowered by the State Government in this behalf, may issue a warrant for the arrest of any such person whom he has a reason to believe has committed an offence punishable under this act, or for the search of any place, building or conveyance at day or night, in which he has reason to believe any narcotic drug or psychotropic substance or controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed.

Section 41 empowers gazetted officers of the Central Government, including officers of the Narcotics Control Bureau who are duly authorized, to conduct searches, seize narcotic drugs, psychotropic substances, controlled substances, documents, and illegally acquired property connected with offences under the NDPS Act. Where the authorized officer has a reason to believe, based on personal knowledge or written information, that an offence has been committed, they may personally arrest the accused or search any building, conveyance, or place by day or night. They may also authorize a subordinate officer, not below the rank prescribed under the Act, to carry out search and arrests.

The officer to whom a warrant is issued under sub – section (1) and the officer who authorised to search and arrest under sub – section (2), they act as an officer under this act.

Section 42 of the NDPS Act empowers the officers of the departments of the central excise or the general or special order of the state government, if he has a reason to believe that an offence is being committed under this act or any narcotic drug or a psychotropic substance has been concealed at a property which is liable for seizure, may between sunrise and sunset, can enter in the property to search, in case of resistance, can break open any door or remove any obstacle in the way, can seize any object which he has a reason to believe is liable for confiscation under this act, or any document which he has a reason to believe is liable to furnish any evidence under this act for the commission of an offence, they have the power to detain and search and arrest  any person whom they believe that they committed an offence punishable under this act. If an officer takes down any information in writing under sub – section (1), shall within seventy – two hours send a report to his immediate superior officer.

Section 43 of the act empowers the officers as mentioned in section 42 to seize any narcotic drug or controlled substance or any psychotropic substance which he believes is punishable under this act, or any substance liable to confiscate under this act, or any document or article which he has a reason to believe may furnish an evidence under this act and detain and search any person whom he believes has committed an offence punishable under this act or has any narcotic drug, controlled substance or any psychotropic substance in his possession and such possession appears to be unlawful, can arrest him or any person with him in a public place.

Section 44 of the act provides that the provisions of sections 41,42 and 43 shall apply in relation to coca plant, opium poppy and the cannabis plant.

Section 49 of the act empowers the officers under section 42 to stop and search any animal or conveyance if he has a reason to believe that such animal or conveyance is used or is about to be used in the transport of any narcotic drug, controlled substance or psychotropic substance, he has the authority to search the animal or the conveyance or if it becomes necessary to stop the animal or conveyance, they can be fired upon.

Section 50A of the act empowers the Director General of the Narcotics Control Bureau or any other officer authorised by him in this behalf to undertake controlled delivery of any substance in the territory of India or a foreign country after the consultation with the competent authority the foreign country where the consignment is destined in the manner prescribed.

Section 53 of the act empowers the Central government to invest any officer under section 42 or any class of such officers with the powers of an officer in charge of a police station for the investigation of offences under this act, in consultation with the State Government.

These roles and powers of the Narcotics Control Bureau under The Narcotic Drug and Psychotropic Substances Act, 1985 empowers the Narcotics Control Bureau to responsibly carry out their role as an important department to fight drug trafficking and the smuggling of the narcotic substances, controlled substances and Psychotropic Substances.