Narcotics Control Laws in Bangladesh

Article 18 (1) of Bangladesh constitution has mandated to the state to adopt effective measures to prevent the consumption, except for medical purposes or for such other purposes as may be prescribed by law, of alcoholic and other intoxicating drinks and of drugs which are injurious to health. Bangladesh became independent in 1971 and inherited thelaws, enacted during British and Pakistan period, to remain in force in Bangladesh.

The Opium Act, 1857, Opinum Act, 1878, ExciseAct, 1909, Dangerous Drugs Act, 1930 and Opium Smoking Act, 1932 along with Narcotics Control Ordinance 1989. The laws were enforced in Bangladesh until new law the Drug Control Act 1990 passed in the Parliament. This Act came into force on 2 January, 1990. The earlier laws were suspended.for control of narcotics, treatment and rehabilitation of drug addicts. It has been amended in 2000, 2002 and 2004 in order to update the law.Some other laws and rules regulating drugs are follows:
(1) Criminal Procedure Code, 1898
(2) Special Power Act, 1974
(3) The Money Laundering Prevention Act, 2002
(4) Acid Control Act, 2002 Speedy Trial Tribunal Act, 2002
(5) Excise Rules
(6) Excise Manual Volume-1
(7) Excise Manual Volume-2
(8) Excise Manual Volume-3
(9) Technical Excise Manual
(10) Prohibition Rules, 1950 (For Control of Alcohol drinking)
(11) The Narcotics control Rules, 1999
(12) The National Narcotics control Board Fund Rules, 2001
(13) Alcohol Control (License Fee) Rules, 2002
(14) Acid Control Rules, 2004
(15) The Private Sector Drug Addiction Counselling Treatment & Rehabilitation Centre Control Rules, 2005.

Bangladesh is a signatory to all three UN Conventions on drug abuse and trafficking, namely the Single Convention on Narcotic Drugs 1961, the Convention on Psychotropic Substances 1971 and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 and Ratified the SAARC Convention on narcotic drugs and psychotropic substances, 1990.As a signatory, Bangladesh is pledge bound to incorporate some clauses in the national laws and framed the laws and rules on the basis of the UN Conventions.

These conventions has clauses for freezing of bank accounts and properties, sending of juvenile offenders to the correction centre in lieu of imprisonment, inclusion of the controlled delivery technique, compulsory maintenance of accounts of licit drugs by the license holders, incorporation of the 22 precursor chemicals and so on.Bangladesh has enacted the Narcotics Control Act 1990. Framed the Narcotics Control Rules, 1999 to fulfil of the objectives of the Narcotics Control Act, 1990 prohibiting production, supply, transportation and consumption of drugs.

The Act as well as the Rules framed thereunder are adequate enough to impose effective control over the entire gamut of activities relating to import, export, possession, storage, distribution, retail sale and use of precursors in the country. It has incorporated precursor chemicals of table I & II of UN convention 1988 in the schedule of the Narcotics Control Act 1990 in pursuant to Article 12 of 1988 Convention and the political declaration of 20th special session of the UNGA.

The Narcotics Control Act 1990 has been amendment in the year 2000 to incorporate provision:

(1) Incorporation of the precursor chemicals in the schedule of drugs.
(2) Precursors are placed under the purview of the definition of drugs.
(3) Provisions for warning on labels and packages on drugs and precursors.
(4) Maintaining correct accounts of drugs and precursors.
(5) Financial investigation.
(6) Seizure and forfeiture of assets of illicit traffickers.
(7) Freezing of bank accounts.  
(8) Application of Controlled Delivery Technique
The trial for drug related has been under the jurisdiction of Speedy Trial Court in pursuant to the political declaration made at the 20th session of the UNGA on 8-10 June 1998, Bangladesh Govt. has enacted the Money Laundering Prevention Act 2002. The NCA 1990 amended providing for quick investigation of drug offences within a time limit of only 15 days.

The government also issued Narcotics Control Rules 1999 to control and monitor the import, transportation, stock and consumption of drugs and precursor in Bangladesh by following procedures: (1) Inspection by Department Narcotics Control (DNC) before issuing license / permit. (2) License holder requires import authorization before import of each consignment. (3) Importers are required to obtain NOC from DNC to clear the imported precursors at the ports of entry. (4) After arrival of the consignment at the license premises, it is verified by DNC official. (5) Trade of precursor is strictly monitored and controlled (6) Maintenance of correct accounts ensured. (7) DNC inspects all the trade operations of precursors. Etc.

The Narcotics Control Act, 1990 includes sanctions against diversion of precursor chemicals. Precursor chemicals are scheduled substances or drug precursors, are chemicals that are known to be used in the illegal manufacture of narcotic drugs and psychoactive substances.Precursors also have legitimate commercial uses and are legally used in a wide variety of industrial processes and consumer products, such as medicines, flavourings and fragrances. Some of these are Hydrochloric acid, Suplhuric acid, Toluene, Ethyl ether, Acetone, Methylethylketone (MEK). Bangladesh does not have a very effective system for control except the issuance of permits for the import of precursors and pre-export notifications of these substances.

The basis for precursor control is to be found in the Article 12 of United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances adopted in Vienna on 19 December 1988. Import and export licences are required for companies for the movement of any drug precursor chemicals that are imported or exported to and from one country.

Although the new rules for exercising more effective controls are now in place,their effectiveness is hampered due to a shortage of trained law enforcement personnel. It has been observed that the level of coordination between agencies dealing with precursor controls is not optimal.

It empowered and vested the responsibilities to the regulating department through controlling illicit drug trafficking through law enforcement, control of narcotic drugs and psychotropic substances used in medical, industrial and scientific purposes coupled with treatment and rehabilitation of the drug addicts underlie the propriety of this law.It also provides the legal basis for formation of the National Narcotics Control Board (NNCB) as the highest policy-making body of the government for formulating necessary policies and strategies to combat drag problem in the country.

The law empowers not only the Department of Narcotics Control but also the other agencies of the government like the Police, the BGB, the Customs and the Coastguard for drug enforcement activities. It also provides legal provision of mutual cooperation among the different law enforcement agencies as and when required for conduct of search, seizure and arrests.

The authority will monitor and inspect the supply system of drugs need to be more regular and transparent manner. The authority shall have a system of Crop eradication, crop substitution and destruction of drugs, if any drugs produces in Bangladesh.  Bangladesh authority so far has succeeded to enforce the law against poor hired carrier and small traders in some part of the country. It could not find the actual investors and traffickers of drugs from cross-countries.

A good narcotics control law is not sufficient. Bangladesh is unable to control the boarder due to many reasons including weak enforcement of laws and rules. The law has mandated the authority to control supply side as well as reduce the demand of drugs through education and treatment of drug addicts to reduce demand. Bangladesh does not have visible activities to constrain the demand side.

The has introduced licensing to control the production, processing, export, import, transport, distribution or sale, use or consumption of alcohol, spirit, alcohol-containing products, and certain narcotic drugs used for medical purposes. It should be stricter to control and limit drug-supply facilities. Monitoring and inspection of the supply system of drugs need to be more regular and transparent without any corruption.

Intelligence and enforcement agency should be more concern directly engaged in the pipeline of drug supply through its intelligence and enforcement activities. There should have been system of Crop eradication, crop substitution and destruction of drugs Because, Bangladesh produces no narcotics drugs, it has no crop eradication or crop substitution program. However, it seizes and destroys the small amount of cannabis plants cultivated illegally in remote rural areas.

M S Siddiqui is a Legal Economist
of Bangladesh