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DOMESTIC LAW AND RULES ON
DRUGS
We had no adequate and enabling law in the eighties
to handle the sordid condition created by drug abuse and the
related issues. All that we had at that time were some colonial
laws (the Opium Act, 1878, the Excise Act 1909, the Dangerous
Drugs Act 1930, the Opium Smoking Act 1932 and the Prohibition
Rules, 1950) inherited from the British and
Pakistan period. These laws were intended and designed for earning
government revenues through excise levying activities. These laws,
however, proved to be inadequate to suit the needs of the time.
The Government of the People's Republic of Bangladesh enacted
the
Narcotics Control Act in 1990
repealing all the colonial laws with a view to encountering drug
problem true to the aspiration of our society.
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The Narcotics Control Act 1990:
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Relevant Acts and Rules:
The Narcotics
Control Act 1990:
The
Narcotics Control Act, 1990 was passed in 1990 by repealing all
previous laws for control of narcotics, treatment and
rehabilitation of drug addicts.
The government has
enacted the Narcotics Control Act, 1990 as amended in 2000, 2002
and 2004 in order to update the law.
Features of the
Narcotics Control Act, 1990:
The Narcotics Control Act, 1990 (as amended in 2000,
2002 and 2004) has got the following salient features reflecting
the growing needs for effective encounter against drug smuggling
on the one hand and corroborating on the other the international
efforts to contain this problem.
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1. |
The Narcotics Control Act. 1990 came into force on 2nd
January, 1990. |
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2. |
It is a special law having predominance over other laws in
respect of its ambit and jurisdiction on drugs and drug
related issues. |
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3. |
Interception of 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. |
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4. |
It provides
legal coverage for establishment of the Department of
Narcotics Control (DNC) as the Nodal Agency of the government
to fulfill the objectives of the law in question. 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. |
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5. |
The Narcotics Control Act. 1990 empowers not only the
Department of Narcotics Control but also the other agencies of
the government like the Police, the BDR (the border security
force), the Customs and the Coastguard for drug enforcement
activities. |
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6. |
Further the law provides for mutual cooperation among the
different law enforcement agencies as and when required for
conduct of search, seizure and arrests. |
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7. |
The law introduces an effective licensing system for
controlling import, export, manufacturing, processing,
distribution, sale, transport, possession and use of licit
narcotic drugs, psychotropic substances and precursor
chemicals. The Narcotics Control Rules, 1999 is the legal
instrument for carrying out the licensing provisions enshrined
in the law. |
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8. |
This law prescribes deterrent punishment for various
categories of drug offences as well as for breach of the
conditions of the licenses issued under the law. |
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9. |
The law prescribes the highest penalty of death sentence for
the offenders accused of possessing either heroin or cocaine
or cocaine derivatives exceeding the quantity of 25 grams.
Similarly the illegal possession of pethidine or morphine or
possession of tetra-hydro-canabinal exceeding the quantity of
10 grams renders the offender or offenders concerned liable to
death sentence or life-long imprisonment. Death sentence has
also been prescribed for certain other drug offences of
serious nature (Section 19 of the law). |
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10. |
The law takes
the wisdom of the three major UN Conventions and the SAARC
Convention on narcotic drugs and psychotropic substances
particularly in regard to forfeiture of sale proceeds of
illegal drug business, 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. |
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11. |
The law provides the legal basis for the Chemical Laboratory
of the Department of Narcotics Control and its proper
functioning in respect of forensic analysis of all seized
drugs and suspicious substances. This lab, established in
Dhaka, caters to the needs of all the agencies charged with
the responsibilities of drug enforcement and thereby it plays
an important role in quick disposal of drug cases under trial. |
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12. |
The amendment of 2000 to the law brings about the government
first foray into the control of precursor chemicals from drug
control point of view. |
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13. |
An amendment of 2002 has introduced the minimum time limit of
15 days for completion of investigation of drug cases filed
under this law. |
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14. |
Another amendment in 2004 redefines alcohol by reducing the
lowest limit of alcoholic strength from 5% to only 0.5%. Any
liquid preparation containing more than 0.5% alcohol shall
fall within the purview of the law. This amendment is intended
for safeguarding our young generations from the clutches of
the so called energy (alcoholic) drinks and their bad impacts. |
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15. |
The law has got 61 Sections in all. It has got two Schedules
of which the first schedule lists the narcotic drugs and
psychotropic substances including the 22 precursor chemicals.
The second schedule on the other hand lays down the rates of
excise duties to be imposed on the domestically produced
liquor and alcoholic spirit. |
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16. |
The law is a unique combination of legal provisions comprising
violation sections, penal sections, hybrid sections
(prescribing violation and punishment together), modus
operandi sections and administrative sections. |
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17. |
Adorned with
the foregoing features, the Narcotics Control Act. 1990 (as
amended in 2000, 2002 and 2004) stands to be adequate and
enabling enough to meet the challenge of the time. |
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Other Relevant Acts and Rules: |
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- Criminal Procedure
Code, 1898
- Special Power Act, 1974
- The Money Laundering Prevention Act, 2002
- Acid Control Act, 2002
- Speedy Trial Tribunal Act, 2002
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Other laws and Rules: |
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- Excise
Rules
- Excise Manual Volume-1
- Excise Manual Volume-2
- Excise Manual Volume-3
- Technical Excise Manual
- Prohibition Rules, 1950 (For Control of Alcohol drinking)
- The Narcotics control Rules, 1999
- The National Narcotics control Board Fund Rules, 2001
- Alcohol Control (License Fee) Rules, 2002
- Acid Control Rules, 2004
- The Private Sector Drug Addiction Counselling Treatment &
Rehabilitation Centre Control Rules, 2005.
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