INVESTIGATION OF OFFENCES UNDER NDPS ACT PRESENTATION BY NCB, EZU, KOLKATA

Powers and Jurisdiction of Enforcement Officers Power to issue Warrant & Authorization – Sec 41. Power of entry, search, seizure and arrest without warrant or authorisation- Sec 42. Power of seizure and arrest in public place.

Powers and Jurisdiction of Enforcement Officers Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant- Sec 44 Power to invest officers of certain departments with powers of an officer in charge of a Police Station – Sec 53

Powers and Jurisdiction of Enforcement Officers Relevancy of statements in certain circumstances - Sec 53A. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation - Sec 60 Power to call for information- Sec 67

Mandatory Provisions- Recording and dispatching information Information must be reduced to writing – To prove reasonable belief to act under Law. Immediate superior authority should be intimated – Report to be sent within 72 hrs- Sec 42(2)

NCB-1 Ref. No. 1 Code No. of Informer 2 Commodity / Commodities 3 Value of good (Where possible) 4 Name of the suspects with Parentage address 5 Name (s) of the gang / main Persons (s) involved 6 Links of the suspect(s) with gang / main persons(s) involved 7 Place(s) where goods are suspected to be secreted 8 Proposed action GIST OF INFORMATION RECORDED:

Dated: Kolkata Informer The (Casual) INFORMATION RECORDED BY 1. 2. 3 Dated: Kolkata Informer The (Casual) INFORMATION RECORDED BY 1. 2. 3. Enclo: One Sealed envelop. OFFICE OF THE ZONAL DIRECTOR, NARCOTICS CONTROL BUREAU EASTERN ZONAL UNIT, KOLKATA C.No. Despatch No. Dated: Forwarded to the Director General, Narcotics Control Bureau, New Delhi for information and record please. ZONAL DIRECTOR NCB, EZU, KOLKATA

Preparation of NCB – I On confirmation of an information, the information should be reduced in writing Bring it to the notice of superior officer in the prescribed NCB-I format in duplicate enclosing the original copy in sealed cover

Preparation of NCB – I The Superior officer shall send the information to Headquarters within 24 hrs . The sealed cover containing mother information shall be kept with the Zonal office for identification and payment of reward to information in future.

Processing of Information 1. Sympathize with the informant 2) Show appreciation for information 3) Do not disregard information 4) Verify the information reliability 5) Does informant have direct knowledge related to the information

Safeguards for Informant Avoid taking informant to the place of seizure. Do not disclose his identity to search team. Do not mention the name of informant during interrogation of accused.

Preparation of Documents From receipt of information to filing of complaint

Documents to be prepared Recording of information – NCB 1. Formation of Search team – Movement register. Search and seizure- Search & Seizure list

Documents to be Prepared Arrest of persons- Arrest memo. Production in the Court- Remand Report Send Samples to Forensic Lab-Test Memo Recording Statements of accused/ witnesses- Notice under Sec 67

Documents to be Prepared Final Report - Complaint/ Charge sheet

MEMORANDUM OF ARREST GOVERNMENT OF INDIA NARCOTICS CONTROL BUREAU EASTERN ZONAL UNIT, 4/2 – KARAYA ROAD KOLKATA: 700017   Ref. No: In consequence of / connection with the recovery and seizure of ………………………………………………………………………………………………………under Section: ………………….. of The Narcotic Drugs and Psychotropic Substances Act, 1985 (as amended) on …………………………… at ………………………………….. Hours at from ………………………………………………………………………………….. I do hereby arrest ………………………………………………………….. aged about ………………….. years, son / daughter / wife of ………………………………………………………………... resident of ………………………………………………………………………………………………………under Section: ….………...... of The Narcotic Drugs and Psychotropic Substances Act, 1985 (as amended) on ………………………… at …………….. Hours at ………………………………... ……………………………………………………………………………………………………… on reasonable belief / prima facie proof that the said seized goods / articles / documents are liable to confiscation under Section: ……………. of The Narcotic Drugs and Psychotropic Substances Act, 1985 (as amended) and the aforesaid ………………………………………............................ is liable to proceedings under Section: ……………….. of The N.D.P.S. Act, 1985 (as amended) for contravention of the provisions of The Narcotic Drugs and Psychotropic Substances Act, 1985 (as amended) which have already been duly explained to him / her. The aforesaid arrested person is being forwarded to the competent authority within twenty four hours hence for his / her remand to judicial / jail custody. Given under my hand and SEAL: Signature with date. To, Designation:………………………... ……………………………………………………. Official SEAL: …………………………………………………….

NOTICE UNDER SECTION 67 OF THE NDPS ACT’ 85 GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NARCOTICS CONTROL BUREAU EASTERN ZONAL UNIT 4/2 KARAYA ROAD KOLKTA – 700017 PH. NO. (033) 2289-1956 2289-1957 FAX NO. (033) - 22891962 NCB F NO.: Date: To, Where as there are grounds for investigation being made in connection with the detention / recovery / seizure of the documents / goods mentioned below:- And where as , I considered your attendance before me is necessary for (1) furnishing information relevant to the case in question and (2) producing documents, if any. Now, therefore in exercise of the power vested on me by sec. 67 of the N.D.P.S Act’ 85, I do hereby direct you to appear before me in the place mentioned below on ……………………........... at …………………… hrs. positively for the purpose herein above mentioned. Narcotics Control Bureau, 3rd Floor, 4/2 – Karaya Road, Kolkata: 700017 (Intelligence Officer) Narcotics Control Bureau EZU, Kolkata

GOVERNMENT OF INDIA NARCOTICS CONTROL BUREAU EASTERN ZONAL UNIT, 4/2 – KARAYA ROAD KOLKATA: 700017 SEARCH – CUM – SEIZURE LIST NAME: ADDRESS: PLACE SEARCHED: --------------------------------------------------------------------------------------------------------------------- Article Seized Package Quantity / Value Where from ---------------------------- recovered No Description -------------------------------------------------------------------------------------------------------------------- Search started at: ………… Hrs. on ………………… and completed at ………… Hrs. on……… REMARKS: SIGNATURE & ADDRESS OF THE WITNESSES:- 1…………………………………………………………… 2…………………………………………………………… (SIGNATURE OF THE OFFICER) CONDUCTING THE SEARCH Received Copy………………………………………… (SIGNATURE OF THE OWNER OF) THE ARTICLES SEIZED

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