Will Prez act against drug scandal?

From January 1 till December 28, 2021, drugs worth Rs 4.46 crore were seized daily in Gujarat on an average; this does not include Rs 15,000 crore heroin haul at Mundra Port in September 2021. These figures reveal that drugs worth Rs 1,617 crore were seized from Gujarat in 2021. This involved seizure of 68,184 kg drugs, which amounts to an average per day seizure of 188 kg contraband worth Rs 4.46 crore.

Several nations developed special programmes to detect and prevent the drug intrusions into their countries. For instance, in Canada, the Coastal/Airport Watch Program was established by the Royal Canadian Mounted Police (RCMP) to assist in the identification of persons, vessels, vehicles and aircraft that may constitute a threat to Canada's national security, or that be involved in illegal activities such as drug importation. Drugs, primarily cannabis products, cocaine and heroin, are continually being imported by vessels and aircraft across the country using various methods. Other illegal activities include terrorism; smuggling of weapons, cigarettes and alcohol; income tax fraud and evasion; theft of logs/shake blocks and illegal log salvage; persons illegally entering the country; illegal waste discharge, etc. Law enforcement needs more "eyes and ears." Members of the public are being encouraged to report, on a confidential basis, any activity that appears suspicious.

The United Nations Office on Drugs and Crime and the World Customs Organization (WCO) say that about 90% of all trade is conducted via maritime containers. Surprisingly, of this amount, less than 2% only are inspected. The incredible volume of containers travelling the seas from country to country and continent to continent make them important targets for actors in the illicit drug trade, and even more so for actors involved in producing and delivering counterfeit goods and merchandise. The global dependency on maritime trade, combined with not only sophisticated concealment methods employed by narco-traffickers or counterfeiters, but also diverse trafficking routes, make successful interdiction and intervention difficult. This situation is posing a serious threat to the international trade supply as well as to sustainable development.

Among several issues, the former Chief Minister, opposition leader and president of Telugu Desam Party N Chandrababu Naidu found the problem of Andhra Pradesh becoming epicentre of drug supplies all over the country's different States and met President Ram Nath Kovind to request to entrust the investigation to the CBI. He alleged criminal networks linked to the extensive drug-hub operating in the State as well as against the series of attacks on TDP. The former CM also felt that the situation in the State makes an apt case for the invocation of Article 356 to impose President's Rule after dismissing the government and dissolving the Assembly.

Imposition of Article 356 is not something to be imposed in a cavalier fashion. The TDP itself does not condone use of Article 356 except in grave circumstances, and he said that the situation in AP was grave, because ganja worth Rs 8,000 crore is being cultivated in around 2,500 acres in Andhra Pradesh. Nearly 3,000 kg of heroin was seized at Mundra port on September 15 this year, on October 21, a cache of 3 kg of pseudoephedrine was seized by Bengaluru police and the force traced the drug's origin to Narasapuram of West Godavari. He further said: "The future of our youth, both in the state and nation, is at great risk if this spread is left unchecked. This illicit trade serves as a significant revenue stream for anti-social elements. He called it

mafiaisation of the state apparatus in AP and blamed that the present ruling disposition is thriving on money from illicit trade networks. He expressed worry that this party is corrupting every State organisation.

Defamation notices from DGP

For the first time, the police in AP felt defamed by remarks of the opposition leaders regarding probe into the drugs scandal. Andhra Pradesh DGP Gautam Sawang served legal notices on opposition leaders and media houses for defamatory comments against the police regarding Mundra port heroin case. Earlier in Tamil Nadu, the then Chief Minister Jayalalithaa was criticised for filing defamation cases against the opposition party leaders, media persons and some constitution office holders also. The DGP threatening to file defamation against leader of opposition is an unprecedented action. The DGP wanted Chandrababu Naidu, apart from several other TDP leaders and media publications, to be liable for making and publishing defamatory remarks in the Mundra port heroin case.

Through these notices Andhra Pradesh police have insisted that only the address of a company registered in Vijayawada was associated with the heroin consignment and that the drugs were meant to reach Delhi. Why this kind of reaction came from the AP police which contradicts the investigation by DRI?

These issues create serious doubts about possibility of independent and objective probe into this huge drug mafia originating from Andhra Pradesh and linked to countries like Afghanistan operating through the ports handled by big private corporate conglomerates. Suspicion that either tacit or active encouragement from political outfits has to be ruled out. When more than half a dozen states' police officers officially revealing the Ganja links to Andhra Pradesh and Afghanistan, the problem should be understood as big threat to nation's security through illegal money gained by narcotic drug mafia. This will surely upset the economy of the country.

All these developments emphasis the need for a comprehensive probe by a Special Investigative Team. In such circumstances earlier, the Supreme Court took necessary initiative to safeguard the nation. In case of Ram Jethmalani & Ors v. Union of India & Ors (http://indiankanoon.org/doc/549841/) known as black money case, on 23 September, 2011, the Supreme Court has constituted a special investigation team as the issues involved were complex and would require expertise and knowledge of different departments and the coordination of efforts between various agencies and departments.

Earlier in Ram Jethmalani & Ors v. Union of India & Ors (https://indiankanoon.org/doc/1232445) on 4 July, 2011 directed the Special Investigation Team to take over the investigation. In Jain Hawala (https://indiankanoon.org/doc/1203995/) case also SIT was constituted by SC to probe hawala links with politics. SC held that SIT is needed for strengthening of the machinery of investigations, and vigil by broader citizenry in ensuring that the agents of State do not weaken such machinery, in several cases such as Extra Judicial Execution Victim Families Association v. Union of India, (2013) 2 SCC 493; G.S. Mani v. Union of India, order dated 12.12.2019 in W.P. (Crl.) No. 348 of 2019. The latest decision of the Supreme Court (https://indiankanoon.org/doc/39021018/) on October 27, 2021 in Pegasus spyware scandal matter stands above all declaring the need for judicial initiative in matters of high public importance where the rights of the people suffer en mass.

EDI, NIA and other agencies are probing this mafia drugs links, the political and international connections. But still the peculiar circumstances, high quantum of drugs and international dimensions necessitate the attention of all the four estates – Executive, Legislature, and Judiciary besides the mainstream media – especially, the need for the Supreme Court to supervise the probe for unearthing the criminal roots of this big drugs scandal. These are not wild allegations based on imagination of newspapers, because the news reports cited in this representation are based on official press conferences of the police and other investigating officials of different states. While the orders for stocks emerge from a city in Andhra Pradesh, the links are beyond the borders of the nation, which are established with recovery of huge stocks from a private port. AP police did not hesitate to defend the kingpin of this drugs scam while half-a-dozen States' police clearly stated that all roads lead to Andhra Pradesh, including the road from Mudra Port. There is a need to improvised governance and vigilant role of government over the private ports and transparent and corruption-free administration.