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Report No. 155

3.7. Controlled delivery.-

Article 11 of the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 provides for use of 'Controlled delivery', if permitted by domestic legal system. Article 11 is reproduced below for the sake of convenience:-

"1. If permitted by the basic principles of their respective domestic legal systems, the Parties shall take the necessary measures, within their possibilities, to allow for the appropriate use of controlled delivery at the international level, on the basis of agreements or arrangements mutually consented to, with a view to identifying persons involved in offences established in accordance with Article 3, paragraph 1, and to taking legal action against them.

2. Decisions to use controlled delivery shall be made on a case-by-case basis and man, when necessary, take into consideration financial arrangements and understandings with respect to the exercise of jurisdiction by the Parties concerned.

3. Illicit consignments whose controlled delivery is agreed to may, with the consent of the Parties concerned, be intercepted and allowed to continue with the narcotic drugs or psychotropic substances intact or removed or replaced in whole or in part."

Therefore, it is imperative to give effect to this provision of the Convention, to which India is a party, by bringing out suitable amendment by incorporating a new section 50A in the Act to trace the onward movement of the consignment and to apprehend, arrest and prosecute the persons including the ultimate persons taking delivery of the consignment.

Since 1990 when this Convention came into effect a large number of countries have ratified the Convention. Many States have legislated new laws or have amended the existing ones and introduced regulations to implement money laundering counter-measures. Some countries have gone a step further and adopted the recommendations made by the Financial Action Task Force (FATF) which was established by the heads of state or government of the 'Group of Seven' major industrialised countries and the President of CEC.1

Notwithstanding the foregoing efforts and measures, money laundering continues unabated in most parts of the world, though the cost of money laundering has considerably gone up in some parts of the world on account of effective counter-measures by some states.2

1. D.I.G., Saleem Tariq Lone Assets Forfeitures as an effective strategy against Drug Trafficking, Paper presented in the Third Asia Money Laundering Symposium, 12-14 December, 1995.

2. Ibid.



Drugs and Psychotropic Substances Act, 1985 Back




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