Precursor Control

Chemicals frequently used in the manufacture of illicit narcotic drugs and psychotropic substances are referred to as precursors. These chemicals have a large number of legitimate uses and a small fraction of the total production is sufficient to meet the requirements of the illicit drug industry.

A large number of chemicals are used in the manufacture of drugs. The UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 identified the following 23 precursors as the chemicals which need to be controlled.

The following precursors have been put under various controls in India:

In India, precursors are controlled under three different Acts and by three different agencies as follows:

Controls under the NDPS (Regulation of Controlled Substances) Order, 1993: This order issued under Section 9A of the NDPS Act, 1985 requires manufacturers, distributors, sellers, importers, exporters and consumers of controlled substances to maintain records and file quarterly returns with the Narcotics Control Bureau.

Precursors covered: Acetic anhydride, N-acetylanthranilic acid, ephedrine, pseudoephedrine and anthranilic acid.

Controls imposed under the EXIM policy: The EXIM policy (export-import policy) framed under the Foreign Trade (Development and Regulation) Act, 1992 imposes restrictions on the import and export of goods. Export of seven precursors is subject to a "No Objection Certificate" and import of three precursors is restricted.

Precursors covered: Export of Acetic anhydride, ephedrine, pseudoephedrine, methyl ethyl ketone, 1-pheny1-2-propanone, 3,4-methylenedioxypheny1-2-propanone and potassium permanganate require a "No Objection Certificate" from the Narcotics Commissioner. The import of acetic anhydride, ergometrine, ergotamine and piperonal also require a "No Objection Certificate" from the Narcotics Commissioner.

Controls under Section II of the Customs Act 1962: The goods notified under this section are subject to intensive checks in the specified areas by Customs officers. Acetic anhydride has been notified under this section within an area of 100 km. along the Indo—Myanmar border and 50 km. from the lndo-Pakistan border by the Government of India. Broadly, the special measures under this section require all persons who own, possess or transport acetic anhydride to maintain records and notify the Customs officers of the details of quantities held and transported.

Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993

The Central Government, in exercise of powers conferred by Section 9-A of the NDPS Act 1985, had issued an order called the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993 which is effective since 15th April 1993. This Order stipulates procedures for all stages of purchase, sale, transfer, storage, consumption etc. and prescribes appropriate record keeping and reporting obligations in respect of specified substances. The Narcotics Control Bureau and its zonal offices are authorized to enforce the Order.

Any person contravening the order made under Section 9-A, shall be liable for rigorous imprisonment, which may extend to 10 years, and also a fine, which may extend to one lakh rupees. The court may impose a fine exceeding one lakh rupees after recording the reason for that in the judgment.

Trends in Seizures of Precursor Chemicals

Acetic Anhydride:

Acetic anhydride is a chemical used in the manufacture of pharmaceuticals like paracetamol, and various dyes. It is also used illicitly for the manufacture of heroin and methaqualone. Small quantities of acetic anhydride are diverted for the preparation of heroin in the opium growing belt in the country.

The seizures of acetic anhydride over the last five years are given below:
(in litres)

Ephedrine and Pseudoephedrine

These two substances are extensively used in the manufacture of medicines, especially bronchodilators. They are also used for the illicit manufacture of amphetamines, generally referred to as Amphetamine Type Stimulants (ATS). There have been some reports of these two precursors being smuggled across India's northeastern states into Myanmar, where ATS are produced on a large scale. There have not, however, been any seizures in the areas bordering Myanmar to corroporate such reports. These two precursors have been notified as 'controlled substances' under the NDPS Act in December 1999, thereby bringing them under the purview of the NDPS (Regulation of Controlled Substances) Order.

The seizures of ephedrine and pseudoephedrine over the last five years are given below:
(in kg.)

Significant Seizures of Precursor Chemicals

MANDSAUR (I)

ACETIC ANHYDRIDE

35.6 kg.   

On 29.12.2006, officers of the Central Bureau of Narcotics, Mandsaur apprehended one person at Mandsaur and seized 35.65 kg. of acetic anhydride from his possession. He was arrested.

DELHI (2)

EPHEDRINE   

100 kg.

On 15.8.2006, officers of the Delhi Police apprehended three persons in Delhi and seized 100 kg. of ephedrine and 2.7 kg. of charas from their possession. All three were arrested.

DELHI (3)

EPHEDRINE   

550 kg.

On 3.9.2006, officers of the Narcotics Control Bureau, Delhi intercepted a few postal parcels in Delhi which contained ephedrine. In the follow up action, more ephedrine was seized. In all, 550 kg of ephedrine and Rs.50 lac in cash were seized. Two persons were arrested.

DELHI (4)

EPHEDRINE

550 kg.

On I 7.10.2006, officers of the Narcotics Control Bureau, Delhi searched in a factory premises at Gurgaon, Haryana resulting in the recovery of equipment for the manufacture of ATS. During the search, 550 kg. of ephedrine and about a ton of other chemicals were found and seized. Six Hong Kong Chinese nationals and one Canadian national were arrested.

CHENNAI (5)

EPHEDRINE

25 kg.

On 11.11.2006, officers of the Directorate of Revenue Intelligence, Chennai apprehended one person at Chennai and seized 25 kg. of ephedrine from his possession. He was arrested.

MUMBAI (6)

PSEUDOEPHEDRINE

50 kg.  

On 7.12.2006, officers of the Narcotics Control Bureau, Munnbai intercepted a car at Mumbai and seized 50 kg. of pseudoephedrine. The destination of the seized drug was United States of America. Three persons were arrested. In the follow up action, five more persons were arrested.