REPORTS OF THE COURSE
Group 1

EFFECTIVE CRIMINAL INVESTIGATION

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Mr Shankar Jiwal
Mr Hiroaki Kanosue
Mr Antonio Bartolome
Ms Kyoko Muto
Mr Phub Dorji
Mr Syed Nayyar Abbas Kazmi
Mr Hikoichiro Fujisawa
Mr Takashi Kume

(India)(Japan)(Philippines)(Japan)(Bhutan)(Pakistan)(Japan)(Japan)Advisers

Deputy Director Tomoko Akane (UNAFEI)
Prof. Sue Takasu(UNAFEI)
Prof. Hiroyuki Shinkai(UNAFEI)

I. INTRODUCTION
In the last several decades, the abuse and trafficking of drugs has created problems for society ingeneral and for law enforcement authorities in particular. Drug traffickers have always been responsible
for serious types of crime but especially those of the modern day are much wealthier, powerful and eveninfluential, to the extent that they can pose a threat to national and international security. In somecountries the drug trafficking organizations even have their own-armed personnel. Satellite systems andrevolutions in computer technology support the drug mafia in such a way that sometimes law enforcers
wander in the dark to look for their footprints and traces. Drug trafficking involves an entire economic
activity commencing with cultivation, harvesting, transportation, distribution and sales. Enforcement
efforts can be targeted against every aspect of this illicit economic system. A systematic attack at alllevels of illicit activity within the network is most likely to produce successful results.
It is an internationally accepted fact that the drug business is the finest form of organized crimecommitted by the drug mafia- the most powerful and lethal segment of the underworld. The premier law
enforcement agencies against narcotics trafficking are entrusted with the sensitive task of combating the
drug menace so as to make this world drug free .
However, a new phenomenon has gained strength over the past few years, i.e. the existence of
medium and small size drug organizations, which have taken over both domestic as well as international
trade. They confront no problems in the procurement of drugs originating from different countries. To
tackle this mammoth problem composite and highly mobile forces should be given intensive training witha change in basic tactics from static check posts to mobile operations and from national limits tointernational boundaries. Drug traffickers change their modus operandi and drug routes as well. It has
become easier for narcotic traffickers to operate their drug syndicates in different countries and territories.
In this context, the exchange of drug related information and trends among the various countries canbecame a useful weapon against drug traffickers. Conferences and seminars are considered to be a better
forum for the exchange of experience.

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On the other hand, drug money has all the chances to be diverted towards the ills of society, which
includes terrorism/corruption and posing a threat to the stability of any government, which works against
the motives and interests of the drug barons. Money laundering crime is a corollary of other crimes. This
crime is committed in a most organized manner and is very difficult to detect and prosecute successfully
as compared to other offences. It is committed to conceal the origin of the proceeds of its predicate
offences. No matter how large the profit of the drug trade, drug money is almost worthless until it can be
moved into legitimate financial and commercial channels. This obsession makes drug money an evil andit causes a profound subversive effect on democratic society, legitimate economies and government
institutions.
Our group would hereby like to focus on the conventional investigative techniques to combat drugtrafficking and discuss how to improve them. Before going into details, we look into the current criminal
situation of drug related crimes in each country.

II. THE CURRENT SITUATION OF DRUG RELATED CRIME IN THE
PARTICIPATING COUNTRIES AND REGIONS
The members of the group have surveyed and gathered information from the participants of the 125th
international training course regarding the situation of drug related crime in their respective countries andregions.The abridged result is described in the following sections.
A. Cannabis and Derivatives
Cannabis continues to be the most abused drug in participant countries with almost all of them
reporting varying degrees of wild growth and illicit cultivation except Pakistan, Japan, Laos, Malaysia
and the Maldives. Amongst producing countries India, Egypt, Estonia, Bhutan, Tanzania, Indonesia andthe Philippines have reported cannabis resin trafficking to destinations like USA, Europe, Sri Lanka,
Bangladesh, Kenya, Australia, Japan, Malaysia and Taiwan. Countries in South East Asia and Tanzania
also face the problem of resin trafficking through their territories. Recent trends do not show a substantialchange in production and trafficking.
B. Opium and Derivatives
India is the largest licit producer of opium by gumming. Some of this opium gets diverted and islocally consumed and converted into heroin for local consumption and trafficked to neighbouring
countries like Sri Lanka, Maldives, and Middle East, etc.
Laos, amongst the participating countries is the largest producer of illicit opium and third in the world(estimated at 112.4 tons during CY 2002). The Laos Government has reportedly showed political will bylaunching a number of projects to eliminate Poppy cultivation by 2005. Poppy cultivation is also reported
in Egypt (South Sinai), and Estonia (generally individual enterprise).
Opium abuse is generally limited to producing countries and neighbouring ones. Heroin is abused inparticipating countries mainly in India, Pakistan, the Maldives, Laos and to a varying degree in othercountries. India and Pakistan have raised concern with the increasing number of intravenous drug
abusers. Indonesia and Tanzania have also reported an increase in heroin abuse while Estonia hasreported fentanyl abuse too.

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Estonia, India, Laos, Pakistan, Tanzania and Thailand are also the conduit countries for trafficking.
Pakistan, in specific, has reported substantial trafficking of heroin produced in Afghanistan through its
territories.
C. Amphetamine Type Stimulants (ATS)Indonesia, the Philippines and Thailand and to a certain extent Estonia have reported production ofAmphetamine Type Stimulant (ATS) including MDMA. Most of these clandestine laboratories in thePhilippines are being run by Chinese nationals.
ATS abuse has generally seen a rise in all participating countries. Producing countries however, haveall classes of society consuming ATS, locally known as Yaba or Shabu . ATS production andconsumption is the main concern among South East Asian countries. Japan has reported ATS as theprimary drug of choice among abusers and involvement of foreign nationals in trafficking and retailing.
ATS trafficking has been observed from producing countries like Burma, China, North Korea via
South East Asia to Australia, Belgium, Guam, Indonesia and Japan, and Estonia have reported ATS
trafficking produced in Europe. Japan has reported MDMA trafficking originating from Europe as well.
Similarly, India has reported smuggling of Ephedrine to Myanmar for production of ATS.
D. Cocaine
India, Indonesia, and Egypt have reported that cocaine is being abused in their country. It isreportedly imported in large amounts from South America through the parcel system, airports andseaports. Tanzania also reported that cocaine comes from South America transiting to South Africa andEurope. Considering its high price, only the affluent members of society are the usual victims.
E. Other Drugs
Methaqualone produced in India is trafficked to mid-west Asian countries and East and South Africa.
Tanzania has reported incipient methaqualone production and trafficking towards South Africa.
Tanzania has reported trafficking and abuse of Khat (a kind of stimulant). Japan and Bhutan
additionally has the problem of solvents sniffing. Estonia has reported Gamma Hydroxybutyrate (GHB, asedative-hypnotic, and was originally developed as a sleep-aid) abuse.
Some detailed data of India and Japan are shown at the end of this paper. Also, one can get othercountries statistics provided by the United Nations Office of Drug and Crime (UNODC) on the website(http//www.unodc.org/unodc/en/global_illicit_drug_trends).

III. COLLECTION OF INFORMATIONThe collection of information is an indispensable activity to investigations. Here, our group would
like to focus on the ways of gathering information leading to the initiation of further individual
investigations. The group identified the following eleven items as important sources of information:
namely, informants, undercover operations, electronic/telephonic/postal sources, electronic surveillance,
wiretaps, custodial investigations, news media (publication and broadcast), other investigations, database,domestic and international information exchange and preliminary profiling.
A. Informants
Informant denotes any person who divulges information on the regular commission or conspiracy of
drug related offences and/or persons involved in them. This is an important part of human intelligence
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and has certain advantages over technical intelligence. Informant handling requires a personal touch andis equally fraught with drawbacks associated with such double agents . In ideal circumstances, acombination of this human intelligence with technical intelligence should give optimum results.
1. Problems Encountered
The handling of informants may present certain practical difficulties. A general member of public hasa cynical attitude towards providing information to law - enforcers. Reasons vary from general apathy tofear of reprisal from the person being reported. They are also not willing to act as witnesses later. Certain
societies may also have a stigmatized attitude towards informants as reported by Bhutan and India. In theabsence of immunity, co-accused are less willing to cooperate as informants. Above all, it is possible thatan informant may just be trying to frame-up somebody. Unreliable and suspicious informants continue totrouble investigators. Inexperience of handling informants and mixing professional and personal
relationships need to be avoided.
2. Countermeasures
Winning cooperation of the public to act as informants can be achieved through education andconfidence building measures. Providing incentives [pre- seizure] and rewards [post seizure depending on
purity and quantity of the contraband] can rope in good informants. Background checks on informants
and online checks such as monitoring their communications to guard against a red herring or sell-out are
proven methods in India and Pakistan. Japan also maintains a database for such background checks. Nondisclosure of the identity of informants can counter their fear of exposure and reprisal. An added
advantage will be a Witness Protection Programme [as in the Philippines]. India and Philippines also
provide for immunity thus paving way for cooperation from co-accused. Criminalization of providing
false information is a suitable deterrent provided by statute in India, Pakistan and Bhutan. In thePhilippines, informants are informally favoured by remaining within the purview of the legal
jurisdictions. It makes the informant friendlier and builds up confidence on both sides.
B. Direct Information (Undercover Operations)
Investigators can go out in the field and gather information by themselves without disclosing theirstatus. This method can be called direct information gathering or more directly undercover
operations . Undercover operations can be a powerful method of information collection. In somejurisdictions, it is even considered indispensable. On the other hand, however, there are some ambivalent
attitudes toward such activities.
1. Problems Encountered
When an officer is directly dealing with the bad guys the chances are high of exposure to high risk
and compromising the identity of the officer. On the other hand, sometimes, the same officer has toappear before the court as a State Witness, which gives ample chances to accused persons to identify him
and resultantly some harmful act can be done.
2. Countermeasures
It is suggested that when an officer is at a high risk of exposure, there must be the provision of backup teams. Firstly the undercover officer may avoid appearing before the court and if inevitable, video
teleconferencing or screens in the courtroom should be used to avoid the disclosure of the identity of theofficer to the defendant or public. If disclosure of the identity of the officer is not avoided then he shouldbe allowed to disguise his/her identity and be posted or transferred out of that particular jurisdiction of
work.

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C. Electronic/ Telephonic/ Postal Sources
Enforcement agencies often receive information through institutionalized channels such as throughletters etc. This modus has over time extended to sophisticated websites wherein informants can interact.
Similarly, 24 hours control rooms facilitate information through telephones. Complainants thus have thebenefit of being anonymous.
1. Problems Encountered
Though useful, such source of information is anonymous and requires to be verified. Anonymity, attimes, encourages criminals to mislead the law enforcement agency and exaggerate activities of rival
gangs. The utility of such information as weighed against its volume may be minimal, and its processing
is time consuming. Mischievous messages and attempts to tamper with websites are to be guarded
against. Different languages may be a handicap. Maintaining 24 hour control rooms may be a drain on
manpower resources. Though receipt of information is centralized it may require action over distantplaces. An absence of adequate response in such cases may lead to apathy on the part of the generalpublic.
2. Countermeasures
The general public can be encouraged to be more interactive by providing them with feedback on theinformation provided by them as far as it does not affect any inquiry/ investigation being undertaken.
Experienced control room managers can elicit useful information over the phone without compromising
the identity of their informant. Outsourcing the processing of information/managing control rooms can beconsidered at the primary level. Built-in language translation software and OCRs can be put to use topartly overcome the language barrier. Websites should have strong firewalls and regularly updated to
avoid tampering. Building up the credibility of an agency, a timely response and a good reputation go along way in encouraging the right type of people to come forth.
D. Electronic SurveillanceElectronic surveillance here refers to pro-active efforts of enforcement agencies in utilizing audio,
video, the Global Positioning System (GPS), satellite imaging and internet traffic management, etc. tocollect information and profile drug abuse and trafficking patterns. Such surveillance generally refers topublic domain. Wiretapping being more intrusive has been dealt with in the subsequent section. The point
to be borne in mind is the difference in legislation and issue of privacy, which differs from country tocountry.
1. Problems Encountered
The issue of privacy is quite important as it infringes upon the private life of citizens, the liberty
generally guaranteed as a basic right in all modern societies. Thus such enforcement surveillance should
only be in public domain. Even in the public domain too, it is debatable whether such surveillance becovert or public. Such equipment may be costly and require training for handling the same. Modern
criminals, being well aware of such techniques, may deliberately mislead investigators and use high-tech
technology to detect this type of surveillance. If located, such equipment may be easy to tamper with.
Criminals can put sophisticated equipment to equal use for counter-surveillance. Electronic surveillancealso suffers from handicaps such as the requirement of a power supply, availability of suitable range andfrequency in case of wireless transmission etc. Loss of equipment, at times, is possible as in the case of
GPS trackers. It is also easy to avoid detection of illicit cultivation by remote sensing if a canopy is usedor on mountainous slopes mixed with other plantations.
2. Countermeasures
Public opinion should be built to support surveillance in the public domain as an effective
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countermeasure against criminals. Sufficient checks and balances can be built into such systems, such as
compulsory disclosure after a certain period of time. This disclosure can be in one way allowed by giving
the public free access to information on such surveillance conducted. Legislation, wherever permissible,
to admit such information as evidence shall also lead to transparency. Officers should be sufficiently andselectively trained to handle such equipment and to act effectively against counter- surveillance. In-houseresearch, over a period of time, can be undertaken to overcome technical difficulties such as range,
frequency and camouflage etc. It is important to interweave the human intelligence with this type ofsurveillance to affect maximum gain.
E. Wire Tapping
Wiretaps, in terms of this discussion, basically covers telephonic voice and data interception. It may
be an efficient method to discover precursor information of criminal organizations and/or criminals. On
the other hand, it implies the risk to a higher invasion of privacy of individuals as it may contain
information relating to personal and business aspects of an individual. The advent of mobile telephonywith international roaming and Internet require monitoring the same by enforcement agencies but with
sufficient checks and balances provided for by the laws and rules. Provisions for wiretapping at the preinvestigation stage may vary from country to country. In Japan wiretapping is a limited investigative
weapon to a specific case: whereas in India, Pakistan and Bhutan it is frequently used as an important
method of collecting information by law enforcement agencies.
1. Problems Encountered
Invasion of privacy is a matter of rising concern throughout the world. In the absence of supportive
legislation and public understanding, wiretapping may not be possible. Even in the case of provisions,
wiretapping is highly technical and service provider specific. Mobile telephony interception may require
adequate coverage of data such as short messaging system [SMS] and mobile messaging system [MMS]
to be effective. The absence of satellite phone providers in a territory may pose a problem of effective
liaison. Individual encryption/ scrambling may delay decoding of interceptions. A strict framework oflaws and rules, though necessary, sometimes take a lot of time [e.g. exact transcription] and this is usedby criminals to their advantage [e.g. limited timeframe]. Too much reliance on wiretapping without
adequate field back up may lead to warped priorities.
2. Countermeasures
Wiretapping should be resorted to as the last measure of collecting information. Checks and balances
within and without the hierarchy of the agency should be in place, such as in India. Custom-madesoftware may be used to obviate difficulties faced due to different hardware and interconnectivity ofservice providers. Coordination and liaison with service providers is a must before the introduction of
new technologies. Sufficient supervision should be in place to avoid indiscriminate wiretapping and an
adequate mix with field intelligence.
F. Custodial Investigation
Sometimes a suspect conspicuously avoids vital information during custodial investigation and policequestioning thus it is hard to get such appropriate information. It depends a lot on the officer whointerrogates the suspect to squeeze and grasp the information from the suspect s version.
1. Problems Encountered
The problem that stands out is the limited time period before producing the suspect before the court.
Limited information about the suspect s background and past history causes stumbling blocks in a smooth
investigation. Similarly lack of coordination between different investigation agencies is also observed.

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2. Countermeasures
Each law enforcement agency should be equipped with highly talented and seasoned investigation
officers. During custodial investigation such police officers should be deputed to carry out theinvestigation keeping in mind the limited timeframe or lack of information. The other way to tackle this
impediment is to recommend a change in the legal framework on the part of policy makers to increase thecustodial investigation period with sufficient safeguards. Presence of an apex coordination agency can be
the solution to get rid of a lack of cooperation/coordination between the law enforcement agencies. These
agencies may develop a database, which should be shared on a need-to-know basis.
G. MediaAt the present time, the media covers almost all aspects of social life; therefore, it may discover thecrime through its own sources ahead of the law enforcement agencies. On the other hand, the law
enforcement agencies can distil information related to the crime that is not written in the article. The
situation of the dark society and/or the crime trend may be estimated through articles on economic
conditions, social events or the general social situation. Furthermore, if there is a campaign by the media
against a high-profile case, it can support the activities of the law enforcement agency to carry out an
investigation smoothly against political pressure. Therefore, the media, such as newspapers, television,and magazines etc. can be important information resources for law enforcement agencies.
1. Problems Encountered
The media sometimes exaggerates facts in order to arouse the curiosity of the general public. The
tendency is strong in the yellow journalism . In such a case, investigators should select articles whichcontain correct information. The media protecting the secrecy of their information source can be astumbling block for an investigative agency. When the media coverage is published, it is sometimes toolate to start an investigation. Some criminal organizations and drug barons have influence on the media.
They might even publish their own newspaper and criticize a law enforcement agency. Moreover, humanand budgetary resources are necessary to follow large amounts of information that the various media
produce.
2. Countermeasures
Law enforcement agencies must evaluate information carefully. In order to verify information,
continuous collection and analysis of information is necessary. The efforts of an agency to cope with themedia is also necessary. It is also important to maintain a good relationship with the media through press
conferences about the criminal investigations and through periodical information exchange. It may also
be useful to clip articles for future analysis. Use of an internet clipping service makes analysis more
efficient.
H. Other Investigations
Investigators can obtain information about criminal groups which engage in illicit drug trafficking,about the route of drug trafficking and price of drugs through other kinds of investigation. For example, aforeigner who was arrested for smuggling might have information concerning other illicit drug
smuggling routes. A suspect or a convict arrested for a completely different crime such as extortion may
have important information relating to drug trafficking or criminal organizations that are involved in
drugs.
1. Problems Encountered
It is very difficult to obtain statements about illicit drug smuggling routes or criminal groups from thesuspects of other criminal cases. He/she might be scared of the retaliation from the criminal group. In
case of the suspect arrested for drug trafficking, he would not disclose his/her involvement in an
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organized criminal group because it could lead him/her to an even heavier penalty. In such cases, it is also
very difficult to get information. Even when they make statements they may not tell the truth; it is very
difficult and time consuming to verify the statements. Strict time limitation for investigators to produce
the suspect before the court prevents him/her from probing additional information that seems irrelevantfrom the current case in question.
2. Countermeasures
For the suspect or the convict who is scared of retaliation from criminal groups, investigators usuallyneed to persuade them to overcome the fear and tell the truth. Provision of protection may lead todisclosing of information more easily. When the suspect is afraid that his/her penalty will be heavier,provision of an immunity system can be one of the solutions. With regard to this point, a participant from
India stated that the Indian Narcotic Drugs and Psychotropic Substances (NDPS) Act provides for strong
immunity. If a suspect of any crime discloses information concerning drug crime, he/she would be
exempted from both the drug crime and the original crime, even if the original crime is a very serious
one, such as murder.1 In the Philippines, the suspect will be exempted from responsibility for only the
drug crime in a similar case. Investigators should utilize additional information in verifying thestatements of such suspects.
I. Database
A database is a vital information bank for law enforcement agencies from which they can get
information about a criminal, his bio-data, associate details, vehicle registration, criminal records, bankaccounts and so on. This information can be used for an on-going investigation or for follow up actions or
as reference. The importance of a database as a source of information is unanimously accepted, but it has
its drawbacks/problems.
1. Problems Encountered
One of the foremost problems of a database is the huge quantity or volume of data it contains.
Maintenance of such a huge database requires additional resources. Outdated information because of theabsence of necessary personnel to update them is useless. Sometimes different agencies create individual
databases that contain similar information without any link to an existing one. In such a case, to sort out
which database has what information becomes extremely time consuming. Secondly, when an adequate
search procedure or subroutine is not established, it is difficult to get the right information in a given timeframe. On the other hand, if there is no database at the law enforcement agency, it takes a long time tocreate a useful database.
2. Countermeasures
The solution to counter the first problem would be differentiation between the intelligence databaseand criminal investigation database. It was suggested that the creation of a huge database only by the law
enforcement agency might not necessary because investigators can always consult other agencies fornecessary information. However, there are other opinions that a comprehensive database should bemaintained by the law enforcement agency in order to be effective. In either case, necessary resources
should be allocated in order to maintain an updated database. This would enable the police to access theright information in an appropriate time. To cope with the second problem, there should be a user-friendly
search procedure for any database. It is recommended that an adequate manual should be maintained.
J. Domestic and International Information Exchange
Today, in a very complicated society, information exchange is indispensable and becomes more
1

Section 64, NDPS Act. Although the legal provision states this, it is not applied since the promulgation of the act in 1985.

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important in order to expose the crime especially committed by organized criminal groups such as Mafia.
Because such organized criminal groups try to commit drug trafficking using the latest communicationequipment like the Internet backed by their abundant funds, and the modus operandi of such crimes isgetting more and more sophisticated.
1. Problems EncounteredFirst, as far as domestic information exchange is concerned, investigative agencies tend to withhold
information and are reluctant to exchange information with other agencies because of sectionalism,
distrust and jealousy among different law enforcement agencies. On the other hand, there are someagencies, such as hospitals, that should not disclose the information easily from the view point of theprotection of privacy.
Second, as far as international information exchange is concerned, routes can be mainly divided into
three ways, namely, the diplomatic channel, Interpol and inter-agency. Quick gathering of information isvital to the practical investigation. However, the diplomatic channel is not frequently utilized because it istime-consuming. Interpol is quite useful, but a requested country for information exchange is not obliged
to respond to such request. Informal information exchange among the respective countries law
enforcement agencies can be seen, but does not seem to be smoothly taking place.
Third, differences of legal system and languages among countries make information exchange further
troublesome.
2. Countermeasures
By establishing regular meetings (every six months or on a quarterly basis) among law enforcement
agencies, we can build up mutual trust and share information.
So as to have a faster and smooth exchange of information among international law enforcement
agencies, it is recommended that each competent agency have a memorandum of understanding (MOU)
as much as possible.
The group is of the opinion that each investigative agency should establish a common framework sothat they can exchange information smoothly. Establishing a common database can be envisaged. Inorder to overcome the differences of legal system and languages, continuous efforts in exchanging
information is necessary. Very sensitive information might be exchanged among high ranking officials ofrespective agencies.
K. Preliminary Profiling
Preliminary profiling is necessary to serve as a reference in cases for future operations. However thismethod of collecting information is considered a tedious task since it covers a wide variety of fields andneeds to be constantly updated. Like for example, in socio-economic profiling, there is a need to consider
the economic activity of a certain area to analyze the changing economic status of a certain individual
subject in question. Other areas to be considered, but not limited to these areas, are mail and parcel
profiling, air passenger profiling and baggage profiling. If we are able to organize centralized preliminary
profiling data where all the required necessary information is stored and analyzed regularly, then it will bea good source of information that can help law enforcement agencies in their day-to-day operations.
1. Problems Encountered
Preliminary profiling takes an enormous amount of time and resources considering that it needs aconsiderable period of time in storing all the data necessary before an analysis can be made. Failure in164

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storing the right data may result in a wrong analysis that may mislead the investigative agency in the
conduct of their operation, or even if you have stored the right data but you were not able to make theinterpretation and analysis properly, then it will still affect the planning for such future operations. The
Majority of the participant countries admitted lacking expert personnel to do the job and also the technicalequipment needed to keep-up with the advancement of technology the criminals are capable ofemploying.
2. Countermeasures
Considering the wide variety of information necessary, there is a need to strengthen cooperation
among the different organizations, private or public, to share all the data available. It is considered thatthe establishment of a special organization/task force be maintained to collect and analyze all theinformation. Trained and expert personnel should man these organizations to ensure that all the collected
information will be properly used for the maximum advantage of all investigating agencies.

III. MAJOR DIFFICULTIES IN THE COURSE OF INVESTIGATIONIn the course of the actual investigation of drug crime, there will be a number of problems. The
members of the group agreed to discuss their major problem areas in the investigation. Identified issues
are interrogation, bottom up investigation, search and seizures and financial investigation.
A. Interrogation
The interrogation/ questioning of the accused/suspect is to establish their extent of involvement incrime, modus operandi, associates, financial transactions, communication channels, safe houses,
habitudes, previous transactions and recovery of contraband. Custodial interrogation is within aframework of limited time and provisions of laws safeguarding self-incrimination. Investigators in
Bhutan, Pakistan and India get 24 hours before mandatory production to court or release. In thePhilippines, this limit varies from 12 to 36 hours depending on the type of offence. Japan allows 48 hours
for the investigator s and a subsequent 24 hours prosecutor s questioning limitation followed by a further
20 days [10 +10] possible custody on discretion of the court, Indian enforcement agencies also have theprovision of police custody at the court s discretion for a maximum period of 14 days.
1. Problems Encountered
Limitation of time becomes a serious handicap in case of difficulties in getting online/quick response
from other agencies for cross- checking/ verification of a suspect s statement. Capital seizures involving
large numbers of accused, locations and quantity of contraband coupled with manpower constraints may
affect interrogation. Handling a suspect bent on misleading or non- cooperation requires certain
experience and expertise. Such lack of expertise may also lead to missing certain important information
due to oversight. Odd timings and locations may not offer ideal infrastructure for interrogation e.g. a oneway glass panel. Important and multilateral cases may require involvement of multiple agencies. Lack ofwillingness to allow joint interrogation for want of sharing credit or reward is quite possible. Difficulty ininterpretation of a foreign language or interference by facilitators may slow down interrogation.
Overlooking their psychological status/ profile misleads the investigator. Similarly, social status or
security concerns for a suspect may warp priorities of interrogation. Such situations are sometimes faced
during the interrogation of kingpins. Failure to properly consolidate and reduce theirobservations/statements in writing is sometimes noticeable, even amongst experienced investigators.
Above all, these psychological profile techniques of interrogation are very important. Similarly,
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media may affect the process of interrogation.
2. Countermeasures
Training of investigators in techniques of interrogation [hot and cold, rapid fire, confrontation, etc.]
shall obviate the problems of wastage of time in getting down to business. Prosecutors and the court
should be liaised with in case of an additional time requirement. Apart from training, choosing
appropriate personnel for the job is necessary. This may require personality profiling of personnel as well.
Checklists and questionnaires should aid the investigator. The questionnaires should be able to bring out
the personal and financial profile of suspect. Use of techniques like polygraph tests can be taken wherepermissible. Depending on the seriousness of the case, the level of interrogation [rank of officers] can be
adjusted and team interrogation facilitated with video recording etc. Team interrogation basically refers to
the same agency/case and can be conducted on a one-to-one basis with later sharing or simultaneously bymore than one officer. Video recording [e.g. in India] is used for internal evaluation and analysis ofinterrogation. Certain countries may have provisions of access by the defence in case of such video
recordings. Stand by teams for simultaneous raids, arrests, search, coordination and security should be a
primary concern of supervisors. Background checks and use of available databases should be made to
reduce time wasted on cross verifications. For joint interrogation/ coordination, proper guidelines should
be laid out. The regular review of cases and follow ups to check the same by higher-level officers canremedy this. Agencies should strive to improve infrastructure facilities at select locations/ use facilities ofother agencies. The task of liaising with the press should rest with a public relations officer [PRO] andinvestigators should not be troubled with it.
B. Bottom-Up Investigation
Most illicit drug trafficking is conducted by organized criminal groups. The ringleaders of such drugtrafficking usually occupy high status within the organized criminal groups. Following their instructions,
illicit acts such as production, transportation, trafficking and laundering of proceeds of drug trafficking
are systematically committed. Moreover, in recent years, worldwide criminal organizations collaborate
with one another and share the illegal tasks and proceeds of crime amongst themselves.
These criminal organizations always try to impede investigations. The Modus operandi of their crimeis becoming more and more sophisticated year after year. For example, the ringleader who occupies ahigh status in the organization manoeuvres behind the crime scenes but never comes to light.
However, illicit drugs trafficking causes a problem of global expansion of drug abuse. Profit from
illicit drug trafficking is used as a source of funds of these criminal organizations, and there is concernthat some of the funds are being diverted to finance terrorist activities. Moreover, money laundering issaid to cause serious damage to the world economy. On this account, it is necessary to eradicate it withthorough regulations and an uncompromising attitude. For that purpose, apprehension of end drug abusers
is not enough: exposure of the whole criminal organizations including arrest of the original ringleader is
indispensable.
From the above reason, this group hereby decided to examine an effective bottom-up investigative
method which initiates investigation from the level of an end drug user or an end dealer of the criminalorganization and leads to the level of a ringleader of the drug trafficking.
1. Problems Encountered
It is very difficult to convince the arrest end member to divulge information about the criminalorganization. They keep silent in fear of retaliation by their criminal organization against him/her andtheir family members.
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125TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
If the information is cut off at the level of an end member of the criminal organization, this poses a
problem to the investigators. The criminal organization usually gives the least information to the end
member in order not to be traced by the investigative agencies. The end member sometimes does notknow even the real name of the superior who gave instructions and sometimes does not have any
information about routes used for the drug trafficking, etc.
It is very difficult to arrest the top person of an organized criminal group if the investigator fails to get
a whole picture about the group from the end member by way of a bottom-up approach. Senior membersof the criminal organization never touch the drug directly. Consequently, there are only two ways toconvict them: (1) to prove conspiracy between the top and the end member and (2) to prove the existenceof proceeds from the drug trafficking. Testimony of end members is necessary to prove those facts.
In case of ethnic hierarchical organized criminal groups, it is more difficult to get information,
because the relationship between members is extremely strong and they use a different language.
On the other hand, for example, in a small town, organized criminal groups can easily identify each
investigator so that they sometimes put investigators under their surveillance. The investigation can beinterfered in various ways such as destruction of evidence. In most cases, such interference by theorganized criminal group sometimes starts as soon as the arrest of an end member.
Monetary support by senior members to end members may become a hindrance to acquire full
information of the criminal organization. Sometimes the end members become non-cooperative andrefuse to testify to upset the investigation. In some countries, the politicians who have close connections
with the organized criminal groups can put pressure on an investigation. Shortage of budget, humanresources and lack of proper training also become a hindrance to investigative agencies. Investigative
agencies now face a problem of their jurisdiction in the course of their criminal investigation comparedwith the current borderless trafficking committed by organized criminal groups. For example, extraditionof the suspect requires a complicated procedure.
Another problem of the bottom-up approach is that it takes too much time to arrest drug barons. In
other words, criminal organizations will have enough time to destroy evidence while law enforcement
agencies make efforts to trace the root of the drug trafficking.
2. Countermeasures
After due consideration of the above-mentioned problems, this group pointed out the necessity ofknowing the background of organized criminal groups as a prerequisite to the bottom-up approach. In
such case, utilizing informants and undercover operations are effective. In order to get honest statementsfrom the end members who are afraid of retaliation from their criminal groups, the interview technique ofthe law enforcers plays an important role. It is important to create a friendly atmosphere for the end
member to give his/her honest statement willingly. Moreover, the introduction of a witness protection
programme (WPP) including supply of a new house as a refuge or financial support is suggested. A WPP
can be more effective if it encompasses alteration of the witness identity.
Conducting various investigative techniques concurrently in order to conquer the difficulties ofproving the conspiracy of the top person of the drug trafficking groups is likely to prove effective. For
example, analysis of telephone records, communication interception, electric surveillance, financial
investigation and so on, should be incorporated. Above all, covert investigation is important in order for
an investigative agency to prevent the criminal organization from destroying evidence just after the end
member has been arrested. A comprehensive database that contains such information is useful for
167

RESOURCE MATERIAL SERIES No. 65

investigation.
Sufficient budget and human resources should be appropriately allocated; especially, theestablishment of a task force comprised of trained investigators may be effective to counter organizeddrug crimes. In case of borderless trafficking, law enforcement agencies should actively cooperate.
In India, there is a preventive detention system that entitles law enforcement officers to detain aperson for a maximum period of two years when there is probable cause that the detainee will commit
some illegal acts. This system contributes toward the tracing of the roots of the drug trafficking
syndicates.
Even though the bottom-up approach may be a basic and steady investigative method to reach the top
persons of the organized criminal groups, it may be considered tedious in some countries facing serious
problem such as large-scale cultivation or export of large amounts of drugs. Such countries need tosimultaneously focus on the root of the drug trafficking, that is, cultivation of drugs, utilizing such means
as satellite photography.
C. Search and Seizure
Investigations into drug crimes invariably involve conducting searches and seizures affected to gainmaterial evidence. This material evidence is important to prove actus reas like wilful possession etc. Suchsearches are conducted subsequent to obtaining a warrant from a jurisdictional court and standard
operating procedures define the method of execution and follow up e.g. making a list of seized articles
and handing over a copy of the same to the owner of the premises/suspect. The extent to which
enforcement agencies are permitted to carry out a search without a warrant in emergent circumstances
vary from country to country.
1. Problems Encountered
The aim of a search shall be defeated if it does not yield maximum advantage to the investigators.
This basically means that not choosing the appropriate timing for a search may not result in maximizing
the culpability of the accused. A typical example is striking before the accused has opened a package ofdrugs delivered to him and then leaving the defence with the plea of ignorance. Avoiding searches atnight and at places where customs inhibit the same may also have to be taken into consideration. Searches
bring investigators into direct contact and conflict with traffickers and physical harm. In Pakistan there isfrequent resistance by traffickers as the quantity of drugs transacted is substantial. This resistance can bearmed and dangerous. Lack of experience and time constraints can at times lead to improper/ insufficientcollection of evidence. Allegations by affected parties are not uncommon in countries like Bhutan
accusing the search parties of misconduct or misappropriation. This can be very demoralizing if further
exacerbated by the press. Searches, at times, may require an operation extended over a large area andbring more than one agency into play. With the source of information being handled by one agency,
coordination may be a problem. Lack of coordination may lead to leakage of information, compromising
the source of information and failed operations.
One of the interesting aspects that came up was the provision of laws relating to the execution of
warrants in case of emergent circumstances like the incidental presence of drugs not mentioned in thewarrant. The Japanese participants elaborated that there is an issue relating to the strict interpretation of
the contents of a search warrant as stipulated in Article 35 of the Constitution of Japan and Article 107 of
the Code of Criminal Procedure. For example, when an investigator obtains a search warrant for
stimulants and finds cannabis during the search, it is not possible to seize this cannabis with the warrant
in hand. If there is a suspect who actually possesses the cannabis, of course, that person can be arrested on
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the spot and the cannabis can be seized. Also, the investigator can retain the cannabis through voluntarysubmission by the witness and the owner of the premises during the search even though the suspect is notpresent. However, it is not possible when the suspect is not present and when the witness/ owner ofpremises does not cooperate. In such a case, investigators in Japan have to ask for another warrant fromthe court. Practices in other countries vary to the extent that under such emergent circumstances, seizure
can be affected in the presence of independent witnesses and the court informed appropriately.
2. Countermeasures
Selecting the appropriate time for the search should be part of the plan. This, however, has to bebacked with sufficient information and in/controlled deliveries can be backed with technical gadgets likelight sensors indicating the time the packages are opened etc. Advance planning, such as including
women officers in search parties when raiding, should obviate problems of customs in India and Pakistan.
Special task forces may be constituted in case of armed resistance and the services of specialists such ascommandos can be requisitioned. Investigators should be trained to carry checklists with them to avoid
committing procedural lapses. A mix of experience will avoid stress on young investigators during asearch. Leakage of information leading to failed search operations is another sensitive issue and can beovercome by working on a need to know basis and pacing effective internal intelligence within theagency to identify black sheep. Coordination is a difficult issue but can be tackled by suitable advanceplanning. Sharing the proceeds and credit can be an incentive for coordination and cooperation amongst
agencies. Debriefing at higher levels is also recommended. Suitable policy guidelines may also be laid forsuch compulsory cooperation among agencies.
With relation to the problem of strict regulation on search and seizure in Japan, one argument is thatin the case of drug offences, the seizure of drugs not listed on a search warrant should be permitted withnecessary restrictions imposed on the law enforcement agency by employing the rule of plain view asin the United States. However, there also exist concerns that the above argument may negate the role of asearch warrant and result in the violation of human rights because it may give the law enforcement
agency too much discretionary power to determine the items to be seized. It may be interesting to notehere relevant provisions in India. Search even without warrant is allowed in emergent circumstances in
the presence of independent witnesses after making a record of reasons for such an emergency in writing.
This extends to search with warrant where the searching party may come across other incriminating
evidence.
D. Financial Investigation
Drug trafficking has long been a source of revenue for crime groups, because the gap between the
manufacture/source price and the street price is enormously wide generating huge profit. It is important todeprive traffickers of their illegal profit, in order to make a forceful impact against organized drug crimes.
At the same time, since drug crimes are global in nature, international cooperation is indispensable.
1. Problems Encountered
Financial investigations involve document examination, analyzing banks/financial institutions/landrecords and tracking the money flow etc., making it time consuming. Absence of clear provisions in laws
may make financial institutions reluctant to maintain and provide such information. This is important inview of certain countries yet to experiment with anti- money laundering provisions. This also calls forcertain relevant expertise and experience like analyzing suspicious transaction reports and similar
proactive measures etc, to which investigators may not be exposed. ARS [alternative remittance systems]pose challenges in tracing money flow because of a lack of institutional records and their ethnic andtransnational nature. Drug proceeds over a period of time are transacted multiple times and thus comeunder the jurisdiction of other agencies like the internal revenue etc., a lack of understanding among these169

RESOURCE MATERIAL SERIES No. 65

agencies may lead to their working at cross purposes. Simultaneously bottle-neck/institutional weaknessof one of these may hamper or delay investigation e.g. lack of computerization of land records or
benami [non-existent parties] transactions in real estate. Even when proceeds are well tracked, thedifficulty in distinguishing clean from dirty money and their extent may pose problems e.g. in joint
ownership of companies/real estate/investments. Liquid assets require quick reactions as high mobility
makes them liable to be tempered within a very short time. Lack of international cooperation has
encouraged traffickers to go global and park their proceeds, away from the scene of the crime, and in safe
havens.
2. Countermeasures
Enactment of provisions compelling financial institutions to maintain records, report suspicioustransactions and provide information on request is a prerequisite. Investigators should be trained inanalyzing and chasing useful information. This can also be achieved by hiring experts, an appropriate
deputation mix and the creation of financial intelligence units [FIUs]. The core of ARS should be struckat by long-term surveillance and sustained investigation-enabling the tracking of the transfer of the corpusof the money. ARS can be further weakened by promoting institutional banking and encouraging nontainted money [e.g. repatriation of earnings] transfer through it. Plugging loopholes in procedures likeland registration and strengthening these institutions [e.g. computerization of records, stricter provisions
regarding power of attorney] shall go a long way in making it difficult to disguise dirty money.
Cooperation amongst domestic agencies should be improved by regular minuted meetings [e.g. regional
economic intelligence committees in India] and by appropriate bilateral/multilateral international
agreements. The burden of proof in the case of financial investigation assumes considerable significancedue to the history of difficulty in tracking and chafing ill-gotten wealth from clean money. Once themoney is tracked, it is desirable that the burden of proof explaining its source rest with the accused.
Participants from Japan expressed support for such a provision as provided by the laws in India and otherparticipating countries.

IV. FOLLOW-UP(Can continue even if the case is already filed in court)
The job of the investigator does not end when the case is already filled in court. It is always the
responsibility of the investigator until justice has been served; therefore, he/she must maintain close
coordination with the prosecutor to ensure that all the necessary evidence is provided, including that of
the witnesses. These are very important things to consider in order for the prosecution to successfully
convict the accused.
Follow-up also means that, information and evidence gathered as a result of the investigation
conducted on the accused, needs to be properly stored and analyzed. For example, the purity and impurityof the drug seized should be analyzed over a period of time to contribute to profiling.
There are also cases where the offender after having served his sentence, can still be a good source of
information. He might divulge information about his criminal association and organization. Therefore, itis advisable that the police investigator maintains contact with such persons.
Drug routes, the flow of money, telephone records, drug prices, modus operandi, link chart analysis,
association matrix and ethnic profiling should be properly analyzed and such analysis should be used forinternal circulation, feedback and database update for future operations.

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125TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSEAll gathered and analyzed information should be disseminated with other investigating agencies and,if necessary, should be discussed periodically at a workshop because the information and analysis of one
agency might be different from that of another agency. During the workshop, such differences should besettled after the exchanging of notes and thorough comparison/analysis of all the available information.
In combating an organized crime group, there is difficulty in neutralizing/arresting all the members of
the group, including their leader, all at once. Most often it is always the ordinary member that is caught
and arrested or even if the leader is arrested, some of the members manage to elude arrest. Thesecriminals can always recruit new members and will continue with their criminal activities. However,their modus operandi in many cases will still be the same. In such case, the police investigator will nothave difficulty in going after this organized group if follow up is maintained properly. All the available
information stored and analyzed as a result of the follow-up will point to this group. The police
investigator can identify drug routes and the flow of money, etc. and can prepare a good plan for future
police action against this criminal group.
Information gathered will also show recent developments in the trend of activity of the criminal groupand it is therefore necessary for the investigating agency to consider if there is a need for changes in legal
provisions/bilateral agreements. It is a known fact that criminals, particularly organized transnationalgroups, are taking advantage of the fast changing technology and the investigators are sometimes left
behind because of restrictions in the provisions of the law. In the case of bilateral agreements that wereentered into some years ago they may no longer be applicable because of new developments intechnology.
For these reasons, but not limited to these reasons, follow-up must always be maintained in order tokeep track of the criminals; it is a continuous and unending process.

V. METHODS TO IMPROVE INVESTIGATION
Criminals nowadays are becoming more sophisticated and can easily get away scot-free from the law
enforcement officer. In this regard, the group discussed the need to improve conventional investigation
methods that can be adopted in order to ensure the criminals will be arrested and be brought to the bar ofjustice.
Several measures were mentioned in our discussions and thus can be categorized into the following
three areas; intra-agency measures, inter-agency measures (domestic), and international forum.
A. Intra-Agency
Expert investigators with vast of experiences in the field of investigation should conduct on-the-job
training for those who are rookie investigators. For example, in the case of custodial investigation,
investigators must be trained in behaviour analysis and be able to decipher the body language of thesuspect under question to determine whether he/she is telling the truth or otherwise. It is also necessarythat the police investigators should maintain a checklist/booklet wherein he/she can easily refer to thestandard operating procedures that must be followed.
Analysis of failed operations in the respective agency is also necessary in order to determine the cause
and reason why such operations were not successful. Debriefing after every operation is therefore a mustso that those failures and weaknesses will form the basis for corrections and improvement in the planningand actual conduct of future operations.
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Similarly, a combination of human and technical intelligence is also necessary to improve themethods of conventional investigation since the criminals are highly technical. The use of such technicalintelligence is to assist the investigator in the conduct of their investigation where only the use of suchtechnical equipment can address the solution of a particular case.
B. Inter-Agency (Domestic)
If the individual investigation agencies try to keep the information to themselves because they do notwant to share the credit, that is not effective. By sharing the information with others, the information heldby the individual agency will also become updated. In order to share the information, conducting a liaison
committee meeting among investigation agencies involved in drug offences will be effective. By
conducting such a meeting regularly not only can we share the information but also we can becomeacquainted with other investigation agency personnel and thus create a closer working relationship.
Sharing of information can also be done through the deputation of personnel among agencies.
On the other hand, an interactive feedback loop between prosecutors and investigators should bemaintained in order to maintain a constant and regular follow-up on the status of a certain case before it isfiled in court for trial and during the duration of the trial to ensure that all the necessary witnesses andevidence are properly presented for the conviction of the accused.
C. International Forums
There are three forms of international investigations: through mutual legal assistance [MLA],
memorandum of understandings [MOUs], and Interpol. In either case in order to conduct a smooth
investigation, several additional features are necessary. Firstly, it is desirable to have a working levelmeeting among involved nations. At this meeting, an information exchange regarding specific cases andagreement/confirmation regarding detailed procedures for international investigation should be discussed.
This may make it possible to decrease the response time when actual cooperation is requested. Moreover,by repeatedly having such meetings, it might result in simplified procedures.
Secondly, placing personnel at embassies etc., as a liaison officer from the investigation agency, isvery effective because the liaison officer can help iron out the administrative process of an actual mutual
assistance case. Additionally, such liaison officers can share informal information and perform some
informal coordination with the investigative agencies in that country.
Thirdly, it is important to actively participate in various international training courses and forums thatare held by the UN and other international organizations. Through this participation, the global trend
regarding drug trafficking and money laundering and the latest information regarding international
measures can be acquired. It will widen the investigators perspectives in combating the menace of drugtrafficking.
Moreover, to overcome the barriers of entering mutual assistance with other countries, participation in
the above meetings will allow each country to settle the conflict of each local judicial and legal
framework because the latest precise information will be acquired.
Lastly, database sharing or creating mutual link measures will be effective among countries
maintaining close cooperation/and or bilateral cooperation, etc.

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VI. CONCLUSION
Our discussion has been focused on the conventional investigative techniques to combat drugtrafficking. However, besides the improvement of conventional investigative methods, we need to beequipped with the latest techniques and weapons, as the criminals always tend to be one step ahead of law
enforcement agencies. We would like hereby to conclude our paper hoping for a peaceful world without
any place for criminals.
APPENDIX A
National Drug Law Enforcement Statistics
As Reported up to June 30, 2003 (India)
Year

1999

2000

2001

2002

2003

1. Seizures of Various Drugs in Kg. with No. of Cases
Opium

Seizures

1635

2684

2533

1867

643

Cases

927

1257

1205

1167

301

Seizures

36

39

26

66

18

Cases

125

142

146

148

85

Seizures

861

1240

889

884

300

Cases

2937

2841

3891

4328

1546

Seizures40113

100056

86929

88137

23418

Cases

6518

6073

7613

3687

1900

Seizures

3391

5041

5664

3300

911

Cases

2500

2078

2117

2121

661

Seizures

1

0.350

2

2

1

Cases

4

5

10

5

4

474

1095

2024

11130

Cases

8

31

8

7

Seizures

-

426

930

126

2234

Cases

-

8

5

4

5

L.S.D.

Seizures

240

0

0

0

(Sq. paper)

Cases

3

8

0

0

AceticAnhydride

Seizures

2963

1337

8589

3288

4

(in ltrs)

Cases

7

14

8

4

1

3

0

0

11

0

0

Morphine

HeroinGanja

HashishCocaineMethaqualone Seizures

Ephedrine

Amphetamine Seizures
Cases

173

RESOURCE MATERIAL SERIES No. 65

Year

1999

2000

2001

2002

2003

13490

15065

16315

12318

4974

92

92

133

172

40

2. Persons Arresteda) No. of person arrested
including foreignersb) No. of foreigners arrested

3. Action Taken against Persons Involved in Drug Traffickinga) No. of persons prosecuted

10841

19162

12358

12496

2237

b) No. of persons convicted

2891

4447

3419

5310

797

c) No. of persons acquitted

4632

5416

4712

5089

818

4. Action Taken Under PITNDPS* (Ndps) Act, 1988
No. of detention orders issued
under PITNDPS Act

56

73

61

65

8

Nos. detained

44

73

46

63

8

5. Destruction Of Narcotics Drug Yielding Plants (with reported Potential Yield)a) Poppy Plants
Area (in acres)
Potential Yield (in kg.)

729

379

44

539

13125

6817

512

6468

66

50

124

73144

65324

174818b) Cannabis Plants
Area (in acres)
Potential Yield (in kg.)

6. Destruction of Manufacturing Facilitiesa) Facilities detected and quantity of finished drugs seized in kg.
Heroin

36

1

5

28

1

Facilities detected

3

5

6

7

1

Hashish

-

-

-

-

Facilities detected

-

-

-

-

197

0

0

442

Facilities detected

2

0

0

1

0

Morphine

0

2

0

5

1

Facilities detected

0

4

1

1

1

b) Nos. of persons arrested

10

9

11

13

1

Methaqualone

1740125TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
Year

1999

2000

2001

2002

2003

4

c) Incriminating material seized in kg.
Acetic Anhydride

73

2

1

1466

Acetyl Anthranillic Acid(ltrs.)

-

-

-

-

Acetyl Anthranillic Powder

-

-

-

-

Acetyl Chloride

0

1

0

4

20

Ammonium Chloride

0

8

1

5

1

Diethyl Ether

0

0

0

0

Methenol

-

-

-

-

Opium

0

2

2

7

Opium Solution (ltrs)

0

23

36

34

Sodium Carbonate

402

5

1

99

7

66

7. Disposal of Seized Narcotic Drugs and Psychotropic Substances
Opium

25

11

20

1

Morphine

-

-

-

-

Heroin

39

1

2

5

2

Ganja

4558

2081

88

8718

588

Hashish

48

55

22

77

38

Cocaine

-

-

-

-

Methaqualone

8

0

0

0

Ephedrine

-

-

-

48

L.S.D (Sq. paper)

-

-

-

-

Acetic Anhydride (ltrs)

-

-

-

-

Amphetamine
8. Forfeiture Of Propertya) Value of property
forfeited (Rs.)
No. of casesb) Value of property frozen(Rs.)
No. of cases

615505113246464

162663023636425

1

3

1

10

7456247

5370283

2092803523300

7

4* PITNDPS- Prevention of Illegal Trafficking in Narcotic Drugs & Psychotropic Substances

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RESOURCE MATERIAL SERIES No. 65

APPENDIX B
National Drug Law Enforcement Situation
as of October 2002 (Japan)
Number Arrested for Violation of the Opium Law in Japan, by Year
1993

1994

1995

1996

1997

1998

1999

2000

2001

Total

132

222

172

141

161

134

128

67

49

Illegal Cultivation

62

128

111

102

95

95

85

48

20

47.0 ％

57.7 ％

64.5 ％

72 ％

59 ％

71 ％

66.4 ％

Ratio

72 ％ 40.80 ％Data obtained from the Ministry of Health, Labour and Welfare, the National Police Agency, and the Japan Coast Guard.

Progression of Arrested Cannabis Related Criminals and Volume of Seizure in Japan
1993

1994

1995

1996

1997

1998

1999

2000

2001

Number of arrested cases

2,871

2,675

2,314

2,098

1,874

2,111

1,764

1,815

2,321

Number of arrested criminals

2,055

2,103

1,555

1,306

1,175

1,316

1,224

1,224

1,525

Dried cannabis(including
cannabis
tobacco)612.0kg

290.1kg

208.1kg

172.7kg

155.1kg

120.9kg

565.9kg

310.3kg

844.0kg

Cannabis resin

29.7kg

97kg

130.7kg

145.1kg

107.4kg

214.6kg

200.3kg

185.4kg

73.5kgVolume ofseizureData obtained from the Ministry of Health, Labour and Welfare, the National Police Agency, the Ministry of Finance,
and the Japan Coast Guard.

Number of Stimulant Drug Offences and Amount of Drugs Seized in Japan, by year
1993

1994

1995

1996

1997

1998

1999

2000

2001

Cases

21,671

20,05623,731

26,95927,15222,753

24,41926,22725,060

Number Arrested

15,495

14,896

17,364

19,666

19,937

17,084

18,491

19,15618,110

Amount of Drug Seized

96.8kg313.8kg

88.4kg652.2kg

172.9kg

549.7kg 1,994.5kg 1,030.5kg

419.2kg

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125TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
Number Arrested among Violators of the Narcotics and Psychotropics Control Law in Japan,
by Year and by Drug
1993

1994

1995

1996

1997

1998

1999

2000

2001

N.A. ％ N.A. ％ N.A. ％ N.A. ％ N.A. ％ N.A. ％ N.A. ％ N.A. ％ N.A. ％Heroin111 31.4

79 23.0

82 24.6

38 13.8

49 20.6

65 23.5

52 18.2

48

19

36 13.3

Cocaine126 35.7

136 31.7

129 38.6

94 34.2

64 26.9

98 35.4

87

304

63

25

58 21.4

Psychot
ropics

84 23.8

91 26.5

64

1.2

78 28.4

63 26.5

44

159

57

199

35

14

42 15.5

Others32

9.1

37 10.8

59 17.7

65 23.6

62 26.1

70 25.3

90315

108 42.5

135 41.8

Total

353 100.0

343 100.0

344 100.0

275 100.0

238 100.0

277 100.0

286 100.0

254 100.0

271 100.0

Drug Seizures Relating to Narcotics Offences Classified by the Type of Drug in Japan
Total Number
Compared with Previous Year

Item
2000

2001

Heroin

7.0kg

4.5kg

− 2.5kg

Cocaine15.6kg23.7kg＋ 8.1kg

LSD

Equivalent to 53,087 tablets

Equivalent to 644 tablets

Equivalent to − 52,443 tablets

MDMA

78,006 tablets

112,742 tablets＋ 34,736 tablets

Raw Opium

9.0kg

11.4kg＋ 2.4kg

Cannabis Fiber

185.4kg

73.5kg− 111.9kg

Dried Cannabis(including cannabis tobacco)

310.3kg

844.0kg＋ 533.7kg

Changes in the Number of Violations of the Law on Special Provisions for Narcotics in Japan

Violation of Article 5(Illegal import, etc. as business)
Violation of Article 6(Concealment of illegal profit, etc.)
Violation(Reception of illegal profit, etc.)

Source:

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

1

3

2

4

24

26

24

19

32

11

2

2

2

1

1

3

1

The General Situation of Administrative Measures against Narcotic Drugs and Stimulants Abuse Compliance And
Narcotic Division, Pharmaceutical and Food Safety Bureau, Ministry of Health, Labour and Welfare, Tokyo, Japan.
October 2002.

177