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Sunday, February 06, 2000

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Sinha issues warning against trans-border drug trafficking

By Our Legal Correspondent

NEW DELHI, FEB. 5. The Union Finance Minister, Mr. Yashwant Sinha, today cautioned the nation against destabilising efforts from across the border (particularly from Pakistan) through drug trafficking and counterfeiting of currency.

Addressing a seminar on the ``role of judicial process in the drive against smuggling and drug trafficking'', here, Mr. Sinha said the recent seizures had proved that most of the drugs caught had origins in Pakistan. ``Such activities are not only anti- India, but also anti-humanity,'' he said.

Pointing out that globalisation and technological changes had resulted in the coming together of criminals, terrorists and smugglers of the world, he said efforts had to be made to prevent any weakness from permeating into the law of the land. ``Besides punishing the law-breakers, it is essential to forfeit their assets.''

The Prevention of Money Laundering Bill was introduced keeping all this in mind and it was now before the Select Committee of Parliament. Mr. Sinha expressed confidence that the Committee would send its recommendations to the Government soon and it would be possible to pass the Bill in the Budget session after incorporating them.

He called upon the enforcement agencies to take note of the latest development in the law as interpreted by the judiciary. He also sought the judiciary's help in reducing the delays in cases relating to drug trafficking.

Inaugurating the seminar, the Chief Justice of India, Dr. Justice A. S. Anand, said illegal drug trafficking had become extremely attractive because of the big money involved. Smuggling and drug trafficking had assumed such proportions that they had attracted the attention of all the nations for an urgent need to tackle the menace with adequate measures because the menace of harmful drugs was a global phenomena.

Expressing concern at the large number of acquittals in cases relating to the Narcotic Drugs and Psychotropic Substances Act, the CJI said most of the acquittals were due to witnesses not supporting the prosecution case. Investigators should be held responsible for failure of cases, where the failure was attributable to their acts of omission or commission.

Drug menace in TN

Mr. Justice V. S. Sirpurkar, judge of the Madras High Court, who presented a paper, explained through statistics the drug menace threatening Tamil Nadu, particularly in Madurai, Pudukottai, Coimbatore, Salem and Chennai. Of the offences under the NDPS Act, ganja cases topped the list and the quantity involved was alarmingly high.

One reason which might have given impetus to the ganja trade in the State was the liberal use of the authorities of the preventive detention measures as against the bootleggers. ``A fresh look in respect of the detention policy will be necessary,'' he said and added that more rigorous steps would be required for locating the ganja cultivation and curbing the same.

Mr. Justice J. Easwara Prasad, Chairman, Appellate Tribunal for Forfeited Property and the Finance Secretary, Mr. P.G. Mankad, were among those who spoke at the seminar attended by senior government officials, judges and judicial officers.

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