The ‘World Wide Web (WWW)’ or popularly known as the ‘Internet’ has become an essential part of our professional and personal lives. It has revolutionized communication
and trade beyond the control of National and International borders. Therefore, the prevention of trafficking of drugs through World Wide Web is the emerging evil and
remains a global challenge for Law Enforcement Agencies. The problem of understanding ‘Trafficking of Drugs through Internet’ has been compared with the problem of elephant
and the five blind men.
A Typical modus operandi of drug trafficking through internet and operation of Internet Pharmacies has been identified on the basis of Indian case -studies. Based on the Indian experience, a Strategic Roadmap for prevention of drug trafficking through Internet has been prepared. The obstacles to the implementation of Strategic Roadmap have been identified and solutions proposed within the existing system of Criminal Justice Administration. Finally, the process of evaluation of the proposed Strategic Plan has been proposed by author.
UK Academics pen open letter regarding state surveillance
Last year the UK Government made changes to UK surveillance laws to allow law enforcement bodies and intelligence agencies to hack computers without fear of prosecution under the Computer Misuse Act. This was done with very little transparency and almost no consultation. (You can read Privacy International’s take on this here (https://www.privacyinternational.org/?q=node/584).)UK academics have united to pen a letter asking for government accountability and respect for the democratic processes of Parliament. The aim of the letter is to jolt some of the new intake into the Commons into taking responsibility for scrutiny of the Government’s surveillance strategy, in particular with the Snoopers’ Charter almost certain to be in the Queen’s Speech. The letter is below:
Five Bahraini men, including a lawyer, were sentenced to one year in prison for allegedly insulting the King of Bahrain in tweets. They were arrested in March and tried in separate cases in May for tweets posted in June 2012 that were traced to their IP addresses. They may be considered prisoners of conscience if imprisoned solely for peaceful free expression.
Right to Access Information in Tunisia: Citizens' Guide
This document is a simplified guide on the law of access to information and is aimed to inform citizens and journalists in Tunisia. The guide was prepared in coordination with the Access to Information Commission and Article 19 as part of the OECD's support to Tunisia to promote open government reforms.
This document summarizes IFEC's findings on freedom of expression and censorship in Thailand. It notes that Thailand has harsh censorship laws that have led to accusations of human rights violations. After a 2006 coup, censorship increased, especially online, due to criticism of the king. New laws like the Computer Crime Act of 2007 and stricter enforcement of lèse-majesté further restricted expression. The document analyzes several cases where individuals received long prison sentences for insulting the royal family. It concludes by urging Thailand to reform its laws to comply with international standards and protect freedom of expression.
Obama administration defends massive phone record collectiontrupassion
The Obama administration on Thursday defended its collection of the telephone records of millions of Americans as part of U.S. counter terrorism efforts, re-igniting a fierce debate over privacy even as it called the program critical to warding off an attack.
The admission came after Britain's Guardian newspaper published on Wednesday a secret court order authorizing the collection of phone records generated by millions of Verizon Communications(VZ.N) customers.
Privacy advocates blasted the order as unconstitutional government surveillance and called for a review of the program amid renewed concerns about intelligence-gathering efforts launched after the September 11, 2001, attacks on the United States.
This document is the executive summary of the Leveson Inquiry report into the culture, practices, and ethics of the British press. It finds that the press has too often ignored its responsibilities to the public in its pursuit of stories, harming innocent people. However, it also recognizes the important role of the press in a democratic society. The summary puts forth recommendations to address issues while also protecting press freedom, including improving press regulation and relationships with the police. It aims to balance press rights and responsibilities to the public.
UK Academics pen open letter regarding state surveillanceMark Leiser
Last year the UK Government made changes to UK surveillance laws to allow law enforcement bodies and intelligence agencies to hack computers without fear of prosecution under the Computer Misuse Act. This was done with very little transparency and almost no consultation. (You can read Privacy International’s take on this here (https://www.privacyinternational.org/?q=node/584).)UK academics have united to pen a letter asking for government accountability and respect for the democratic processes of Parliament. The aim of the letter is to jolt some of the new intake into the Commons into taking responsibility for scrutiny of the Government’s surveillance strategy, in particular with the Snoopers’ Charter almost certain to be in the Queen’s Speech. The letter is below:
Five Bahraini men, including a lawyer, were sentenced to one year in prison for allegedly insulting the King of Bahrain in tweets. They were arrested in March and tried in separate cases in May for tweets posted in June 2012 that were traced to their IP addresses. They may be considered prisoners of conscience if imprisoned solely for peaceful free expression.
Right to Access Information in Tunisia: Citizens' GuideOECD Governance
This document is a simplified guide on the law of access to information and is aimed to inform citizens and journalists in Tunisia. The guide was prepared in coordination with the Access to Information Commission and Article 19 as part of the OECD's support to Tunisia to promote open government reforms.
Freedom of expression & censorship in thailandgcanavati
This document summarizes IFEC's findings on freedom of expression and censorship in Thailand. It notes that Thailand has harsh censorship laws that have led to accusations of human rights violations. After a 2006 coup, censorship increased, especially online, due to criticism of the king. New laws like the Computer Crime Act of 2007 and stricter enforcement of lèse-majesté further restricted expression. The document analyzes several cases where individuals received long prison sentences for insulting the royal family. It concludes by urging Thailand to reform its laws to comply with international standards and protect freedom of expression.
P eople's Tribunal on the Prevention of Terrorist Act (POTA) and Other Securi...sabrangsabrang
This document provides background information on the Prevention of Terrorism Act (POTA) passed by the Indian Parliament in 2002. It summarizes the controversy around POTA's passage and concerns that it could be misused due to its broad definitions of terrorism. Critics argue POTA violates civil liberties and international human rights standards more than previous anti-terrorism laws like TADA. It allows detention without charge for up to 180 days, treats certain activities like membership in certain groups as criminal offenses without requiring criminal intent, and restricts due process in trials under POTA.
This document summarizes a report on non-precinct voting laws from 1972 to 2008. It finds that the number of states allowing absentee voting without an excuse increased from 2 in 1972 to 27 in 2008. Similarly, the number of states requiring early in-person voting increased from 21 to 34 in that period, with most allowing voting without an excuse. The report codes state laws on various details of absentee and early voting procedures and identifies trends toward more permissive regulations over time, including on methods for requesting and returning ballots.
This document provides a summary of business and economic news from Mongolia. It discusses Russians looking to invest in the Tavan Tolgoi coal deposit, the introduction of e-ticketing by Eznis Airways, and South Korean interest in investing in Mongolia's mining, infrastructure and energy sectors. It also covers the suspension of 66 companies by the Financial Regulatory Committee, plans to build a new international airport outside Ulaanbaatar with Japanese funding, and the implementation of a national registration system to modernize Mongolia's economy and management of citizens.
This document proposes legal and policy frameworks for citizens' right to communicate public sector information in Malaysia. It finds that the most viable laws include constitutional protection of information rights, whistleblower protections, and narrowing secrecy classifications. The document recommends amending laws like the Official Secrets Act and Whistleblower Protection Act to allow broader public disclosure of information. It proposes a legal framework that incorporates provisions from countries like New Zealand, UK, and Canada to strengthen protections for citizens seeking and sharing public information.
Positional Prediction of Individuals Present In a Crime Sceneiosrjce
IOSR Journal of Computer Engineering (IOSR-JCE) is a double blind peer reviewed International Journal that provides rapid publication (within a month) of articles in all areas of computer engineering and its applications. The journal welcomes publications of high quality papers on theoretical developments and practical applications in computer technology. Original research papers, state-of-the-art reviews, and high quality technical notes are invited for publications.
2011 FDA Electoral Fairness Audit of the France's republic electoral system
FDA auditors gave France an overall electoral score of 91.75%. (50% is the minimum passing grade; 100% is the highest grade attainable.)
This document discusses a study on improving law enforcement in New Orleans by changing the structure of its multiple law enforcement agencies. It finds that New Orleans has 17 local law enforcement agencies without central command, contributing to higher crime rates than national averages. The study aims to explore consolidation approaches to establish a more efficient and effective unified police force that reduces crime rates. It outlines problems with the current fragmented system, such as delayed emergency response due to calls being transferred between agencies.
This document discusses three Canadian bills - Bill C-13, Bill C-44, and Bill C-51 - and their impact on privacy rights under the Canadian Charter of Rights and Freedoms. It provides context for each bill and analyzes concerns about how they weaken privacy protections. Bill C-13 was introduced after high-profile cyberbullying cases but expanded law enforcement's ability to access personal data. Bill C-44 increased the powers of CSIS in ways that violate court rulings regarding respecting foreign laws. And Bill C-51 broadly defined security threats in a way that triggers extensive information sharing across government agencies, compromising privacy. The document examines Canadian Supreme Court rulings that found privacy protections apply to modern
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Criminal Justice System
Shambri Chillis
June 11, 2022
Criminal justice system
The criminal justice system is essential to identify and prevent crimes in the community. Various functions of the criminale system now adhere to the development of technology. Modern technology helps the criminal justice system in different ways. It has made the job easier and has assisted in the prevention of crimes.
Role of criminal justice practitioners in the technology development
The Ccriminal justice practitioners are responsible for identifying and analyzing different crimes in the community. They are responsible for developing and implementing the technology in the criminal justice system because they can use it for different purposes. They can introduce the new trends in the criminal justice system like the officers can collect and gather the data through the technology. Human error can be reduced through it. The dataset can be maintained, and it is also essential for criminal justice practitioners to develop the technology to locate the criminals and track their local places through GPS. The technology cannot be developed untill the criminal officers implement it in the routine. The criminal system now has to use robots and cameras that help them get information about the criminals. The practitioners can also implement the technology by guiding the juniors to use it. The training is needed to make them understand the use of advanced technologies and to ensure that they use them in the right direction. The high-performance computer and internet systems are also essential for developing the technology, and it has been seen that the future will be bright regarding implementing technology (John S. Hollywood, 2018).
Controversial issues criminal justice policymakers face when considering an expansion in the use of DNA in criminal justice
Tthere are various controversial issues that criminal justice policymakers must consider while using DNA in the criminal justice system. The first thing that is criticized during the use of DNA is the fundamental human error, and iIt has been observed that there can be errors in the investigation, and people have to suffer. The issue in technology is also referred to as the error in using DNA because it might be possible that the results do not come correct at the first attempt. It involves several people who are not linked to the crimes but have to go for the fingerprinting tests by courts. However, DNA technology in criminal justice is highly advanced and has multiple benefits compared to disadvantages, but it has always faced significant controversy in the criminal justice system. The criminal justice system has to make sure that if DNA technology is being used, it must be error-free. The controversy has two opinions. There are two schools of thought regarding the use of DNA. One of the classes of experts thinks that DNA can be used to catch the different criminals. It is helpful in the family c ...
1
1
Criminal Justice System
Shambri Chillis
June 11, 2022
Criminal justice system
The criminal justice system is essential to identify and prevent crimes in the community. Various functions of the criminale system now adhere to the development of technology. Modern technology helps the criminal justice system in different ways. It has made the job easier and has assisted in the prevention of crimes.
Role of criminal justice practitioners in the technology development
The Ccriminal justice practitioners are responsible for identifying and analyzing different crimes in the community. They are responsible for developing and implementing the technology in the criminal justice system because they can use it for different purposes. They can introduce the new trends in the criminal justice system like the officers can collect and gather the data through the technology. Human error can be reduced through it. The dataset can be maintained, and it is also essential for criminal justice practitioners to develop the technology to locate the criminals and track their local places through GPS. The technology cannot be developed untill the criminal officers implement it in the routine. The criminal system now has to use robots and cameras that help them get information about the criminals. The practitioners can also implement the technology by guiding the juniors to use it. The training is needed to make them understand the use of advanced technologies and to ensure that they use them in the right direction. The high-performance computer and internet systems are also essential for developing the technology, and it has been seen that the future will be bright regarding implementing technology (John S. Hollywood, 2018).
Controversial issues criminal justice policymakers face when considering an expansion in the use of DNA in criminal justice
Tthere are various controversial issues that criminal justice policymakers must consider while using DNA in the criminal justice system. The first thing that is criticized during the use of DNA is the fundamental human error, and iIt has been observed that there can be errors in the investigation, and people have to suffer. The issue in technology is also referred to as the error in using DNA because it might be possible that the results do not come correct at the first attempt. It involves several people who are not linked to the crimes but have to go for the fingerprinting tests by courts. However, DNA technology in criminal justice is highly advanced and has multiple benefits compared to disadvantages, but it has always faced significant controversy in the criminal justice system. The criminal justice system has to make sure that if DNA technology is being used, it must be error-free. The controversy has two opinions. There are two schools of thought regarding the use of DNA. One of the classes of experts thinks that DNA can be used to catch the different criminals. It is helpful in the family c ...
This document provides a summary of the issue of counterfeit medicines in India. It defines counterfeit drugs and discusses the global scale of drug counterfeiting. It outlines the challenges posed by counterfeit medicines, such as lost business opportunities for pharmaceutical companies and increased economic and social burdens. It also discusses strategies that can be implemented to overcome the issue of counterfeit medicines in India, including raising public awareness, implementing anti-counterfeiting measures, strengthening legal frameworks, improving cross-border collaboration, and using technology to detect counterfeits.
This document summarizes various acts and laws related to substance use in India. It defines key terms like drugs, narcotics, and psychotropic substances. It describes agencies that enforce drug laws like the Narcotics Control Bureau and Central Bureau of Narcotics. Major acts discussed include the Narcotic Drugs and Psychotropic Substances Act of 1985, Prevention of Illicit Trafficking Act of 1988, Motor Vehicles Act of 1988, and the Drugs and Cosmetics Act of 1940. Offences and penalties related to drug crimes are outlined. Mental health acts and food safety regulations prohibiting intoxicants are also summarized.
The document discusses counterfeit medicines and regulations in India. It defines counterfeit medicines according to WHO and differences from quality defects. Counterfeiting is not directly defined in the Drugs and Cosmetics Act but covered by definitions of spurious, misbranded, and substandard drugs. Strengthening regulations requires independent intelligence branches, effective investigation skills, and cooperation between stakeholders. The Drugs and Cosmetics Amendment Act of 2008 enhanced punishments for counterfeiting.
The document discusses counterfeit medicines and regulations in India. It defines counterfeit medicines according to WHO and differences from quality defects. Counterfeiting is not directly defined in the Drugs and Cosmetics Act but covered by definitions of spurious, misbranded, and substandard drugs. Strengthening regulations requires independent intelligence branches, effective investigations, and cooperation between stakeholders.
I need answers to both discussions questions as well as replies to f.docxanthonybrooks84958
I need answers to both discussions questions as well as replies to fellow students. i also need atleast one reference
DISCUSSION 1
"Explosive Growth of Digital Crime and Fighting Digital Crime" Please respond to the following:
·
Identify at least two (2) factors that have led to the explosive growth of digital crime over the past a few decades. Next, describe the most common forms of digital crime, and give your opinion as to why those forms you described are so common. Provide a rationale for your response.
From the e-Activity, list three (3) types of digital crime, and name the main federal agencies which have primary responsibility to enforce digital crime laws. Next, recommend one (1) way for the federal agencies in question to improve the overall public response to computer crimes. Include the role of an individual citizen in the fight against digital crime in your discussion.
1. Cyber Stalking- Enforced by the FBI
2. Viruses- Enforced by The Secret Service
3. Piracy- Enforced by the ICE, FBI, and HIS
Please respond to the following student
Top of Form
·
Alecia Giles
·
RE: Week 1 Discussion
Over the past few decades, the need for computer technology has greatly increased. Users now turn to many forms of "computers" for daily tasks. Therefore, digital crime has also increased. Two factors that I believe have led to the explosive growth of digital crime
1. Identity Theft- Since computers are used for almost everything we do in life, many of us enter too much personal information into these devices. This personal information is now out there for hackers to retrieve and use in the theft of our identity.
2. Credit Card Fraud- An increase of online purchases and bill payment has allowed for credit card information to become more vulnerable to theft and/or fraud.
I believe these are the most common forms of digital crimes because they are the most commonly used by individuals.
Three types of digital crime include:
1. Cyber Stalking- Enforced by the FBI
2. Viruses- Enforced by The Secret Service
3. Piracy- Enforced by the ICE, FBI, and HIS
The federal virus genies in question can improve the overall public response to such computer crimes by identifying target areas for the reported crimes. Individual citizens can also assist in the fight against digital crime as well. To do so, when a crime is committed, the citizen should immediately report all aspects of the known crime to the proper authorities. Additionally, individual citizens can do things to prevent said crimes from occurring, such as; block and report cyber stalkers, install and use trusted anti-virus software and stay away from piracy websites.
Discussion 2
"Tort Law and Police Powers"
Please respond to the following:
·
From the e-Activity, specify the key differences between criminal law and tort law. Next, explain the common approaches that the judicial system takes in order to ensure that the public upholds these two (2) types of laws. Provide one (1) specific exa.
Narcotic Drug and Psychotropic Substance Act 1985Saniya Zedi
This document provides an overview of the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 in India. It discusses that the Act aims to prohibit drug trafficking, consumption, and reduce drug demand and supply. It outlines the various drugs covered under the Act, punishments for offenses which vary based on drug type and quantity, and powers granted to authorities including search, seizure and arrest. The document also summarizes provisions around presumption of offenses, bail, appeals, and the ideology behind creating stringent drug laws in India given its location along drug trafficking routes.
This document discusses issues related to indecency on the Internet and international law. It begins with an example from a news report about difficulties in suppressing child pornography distributed from Russia globally through the Internet. It notes that the Internet allows pornography to spread across borders, challenging any single country's ability to regulate content. It also discusses whether countries should cooperate internationally to enforce moral standards regarding pornography. The document provides an overview of the state of international law on this issue and considers arguments for and against banning pornography.
This document discusses IRC Sec. 280E, which disallows deductions for businesses trafficking in controlled substances. It summarizes the statute's background and implications for the cannabis industry. While cannabis remains federally illegal, it is legal medically in most states and recreationally in some. This creates tension between state and federal law that impacts cannabis businesses' tax treatment. The rescinding of the Cole Memorandum increased uncertainty around federal enforcement of marijuana laws.
This document discusses arguments for legalizing drugs. It argues that prohibiting drugs infringes on individual freedom and does not stop drug use. It notes that other legal but unhealthy activities like fast food are not prohibited. The document also argues that legalizing drugs would eliminate criminal organizations' profits from the drug trade, free up law enforcement resources, reduce crime rates and corruption, and allow for regulation and education to reduce harm. Legalization could also generate tax revenue and slow the spread of diseases by allowing clean needles. However, it acknowledges that legalizing drugs may lead criminal groups to shift to other illegal activities.
IMPACT OF REHABILITATION RIGHT’S NEGLIGENCE FOR PEOPLE WHO USE DRUGS DURING T...Ardhany Rc
This document discusses a case study conducted in 5 cities on the impact of neglecting rehabilitation rights for drug users during legal proceedings in Indonesia. It notes that while Indonesian law requires drug users to receive medical and social rehabilitation, over 38% of prisoners are drug users and prisons are overcrowded. The study aims to understand the psychological, social, economic, health, and educational impacts of this neglect by interviewing stakeholders like health and social welfare officials, police, lawyers, and drug user groups.
The National Policy on Narcotic Drugs and Psychotropic Substances is based on the Directive Principles, contained in Article 47 of the Indian Constitution, which direct the State to endeavor to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drugs injurious to health.
PSM presented a special webinar for families affected by counterfeits and fentanyl. Learn about opportunities to make your voice heard. You can watch the presentation at https://youtu.be/FmBv3Bb7ZHI
Sandra Ka Hon Chu - Panel - Alternatives to the War on DrugsCSSDPUofT
This document discusses alternatives to criminalizing drug possession, specifically decriminalizing possession for personal use in Canada. It provides context on the global war on drugs and the UN drug control treaties. It summarizes evidence that criminalizing drug possession has failed to reduce drug use or availability while increasing incarceration, overdoses, and disease. The document explores what decriminalization means, including different country approaches, and how public health, human rights, and political support for decriminalization are growing in Canada.
Marijuana, Opioids and State Laws – What HR Teams Need to KnowCareerBuilder
This document summarizes a presentation on workplace drug testing and compliance issues. It discusses evolving issues in the drug testing industry, including medical marijuana and prescription drug laws. It provides an overview of federal laws and how they differ from varying state laws on these topics. Key court cases are mentioned, and employers' obligations under the ADA regarding prescription drug testing are reviewed. Challenges for employers around the opioid epidemic are also examined. State-specific compliance rules for drug testing programs are outlined.
Laws Regulating Drugs and Medical DevicesAshish vishal
This is the umbrella legislation which deals with regulation of drugs and medical devices in India. It is from Section 12 of this Act that the Central Government derives the power to make rules and as a result the Drugs and Cosmetics Rules, 1945 were formulated. https://www.rickychopra.co/
This document summarizes a report by the UN Special Rapporteur on the right to freedom of opinion and expression regarding targeted digital surveillance. The report finds that targeted surveillance of journalists, activists and critics by governments has led to human rights violations like arbitrary detention and even extrajudicial killings. It proposes regulations for the private surveillance industry to help protect human rights and calls for a moratorium on the global sale of surveillance tools until proper safeguards are in place.
Legal Reforms of Jayasthiti Malla in Nepalese History.pptxAsmeeta4
Jayasthiti Malla was one of the prominent Malla King in the history of Nepal. He has made a great contribution in the legal history of Nepal through formulation of Manabnyashastra, a comprehensive legal document.
Mischief Rule of Interpretation by Puja Dwivedilegalpuja22
INTRODUCTION:-
Definition: The mischief rule is a principle of statutory interpretation used by courts to determine the intention of the legislature when the language of a statute is unclear or ambiguous.
Origin: Developed by English judges in the 16th century to ensure that laws achieve their intended purpose.
Objective: The rule aims to address the 'mischief' or problem that the statute was intended to remedy.
Heydon's Case (1584):-
Background: this landmark case established the mischief rule.
Principle: The court should consider four things:
What was the common law before the making of the Act?
What was the mischief and defect for which the common law did not provide?
What remedy has Parliament resolved and appointed to cure the disease of the Commonwealth?
The true reason of the remedy.
Case Laws:-
Smith v. Hughes, 1960 WLR 830
Facts: Prostitutes were soliciting in the streets of London, causing law and order issues. The Street Offences Act, 1959 was enacted to address this problem. However, after the enactment, prostitutes started soliciting from windows and balconies.
Issue: Whether soliciting from windows and balconies falls under the purview of the Street Offences Act, 1959?
Judgment: The court applied the mischief rule, interpreting the statute to prevent solicitation by extending the definition of "street" to include windows and balconies. Thus, the defendants were held liable under the Act.
Pyare Lal v. Ram Chandra
Facts: Pyare Lal was prosecuted for selling sweetened supari adulterated with an artificial sweetener under the Food Adulteration Act. He argued that supari is not a food item.
Issue: Whether supari falls under the definition of "food" according to the Food Adulteration Act?
Judgment: Applying the mischief rule, the court interpreted "food" to include items consumable by mouth. Thus, the prosecution was upheld, considering the Act's aim to prevent adulteration of consumable items.
Kanwar Singh v. Delhi Administration, AIR 1965 SC 871
Facts: The Delhi Corporation Act, 1902 authorized the corporation to round up abandoned cattle. The MCD rounded up cattle belonging to Kanwar Singh, who argued that the term "abandoned" didn't apply to his cattle.
Issue: Whether the term "abandoned" in the statute applies to temporarily unattended cattle?
Judgment: Applying the mischief rule, the court interpreted "abandoned" to include temporary loss of ownership, thus upholding the corporation's action.
The Role of Police Misconduct Attorneys in Seeking JusticeSteering Law
The Law Office of Jerry L. Steering is a law firm based in Newport Beach, California, USA, that specializes in civil rights litigation, including cases of police brutality and excessive force. Founded by attorney Jerry L. Steering in 1984, the firm has a long history of representing individuals who have been victimized by law enforcement agencies. Visit our website: https://steeringlaw.com
shwetha case hmt.docx human resouce managementShwethaGy2
CASE STUDY 3: SURPRESSING OF MATERIAL FACTS DURING SELECTION PROCESS IN MANUFACTURING COMPANY: EMPLOYEE DISSMISAL OR CONTINUATION OF EMPLOYMENT.
AUTHOR: SHWETHA G Y
INTRODUCTION
Surpression of Material Facts is the situation in which important and relevant facts and conclusions that are in the public interest to be disclosed are concealed or withheld from the public domain. Suppression means not providing information which the person is legally required to state, but is intentionally or deliberately not stated. Any wilful misstatement or suppression of facts by the employees during the time of selection process is considered as misconduct as per the companies standing orders act 1946.The present case study tries to analyse the employees surpressing of facts during the time of selection process. The manufacturing company's efforts and necessary steps have been reflected in the case report as this is the case of suppression of facts/information as per the standing orders act 1946 of the company.
Misconduct
CASE SCENERIO
Hindustan Machine Tools was incorporated in 1953 by the Government of India as a machine tool manufacturing company. Over the years, HMT diversified into watches, tractors, printing machinery, metal forming presses, die casting and plastic processing machinery, and CNC systems and bearings. HMT is headquartered in Bengaluru (Bangalore).
HMT Watch Factory – IV, Tumkur Divison, one of leading manufacturing industry in tumkur set up as additional manufacturing facilities to produce watch components sets at Tumkur in 1978 and at Ranibagh in 1985.The factory at Tumkur was partially converted to manufacture quartz analog watches in collaboration with Citizen. Where a case was happened in the year 1980 when they called the post of operators at the tumkur division. The qualification required is any PUC or Graduate fail candidate. In HMT Watch Factory – IV, Tumkur Divison 1800 persons were employed in different cadre in the year 1980. In which about 250 employees surpressed the fact that they were all undergraduates eventhough they are the graduates to take up the job in the public undertaking company. Later after a couple of months it was found by the management that they were all graduates.
CHALLENGE: Dismissal/continuation of Employment
OUTCOME: The management conducted that this as misconduct as per the standing orders of the company and violation of company policies and Breach of Trust. As per the standing orders act 1946, a notice issued to the concerned employee to show cause within three days from the date of issue of this letter. With reference to this the concerned employees inadvertently declared at the time of appointment that he was undergraduate fail / PUC but not with intention.
The management with reference to the show cause notice given by employees dismissed employees from the job as per the standing orders act 1946.All the 250 employees went to the court of law. The judgement given by the court is to take back th
Petition for Allowance of Appeal Revision.pdfalmondtree2525
A petition for justice. The witness provided false delusional testimony. The court made several errors which include denying witness to testify. The abuser has relationship with the court. The victim is disabled and can't defend herself due to communication disability.
Get accurate summaries of deposition recordings! We provide affordable deposition summary services in any format for lawyers and law firms. For more info visit >> https://www.medicolegalrequestllc.com/services/deposition-summary
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Know what is Proforma B in Panchkula RERA Complaint Authority when you are mentioning the respondents. The Authority after consideration resolved that for all intents and purposes, the respondents whose name/ address/ other details, are stated in Proforma-B shall be treated as respondent(s) and the respondent whose name are not mentioned in Proforma-B shall not be considered as respondents to the complaint.
Literal or Grammatical Rule of Interpretation.pdflegalpuja22
Introduction
The literal or grammatical rule of interpretation is the foremost principle in deciphering statutory language within the realm of legal interpretation.
It emphasizes the importance of interpreting words in their natural or ordinary meaning, without delving into legislative intent or potential consequences.
By prioritizing the text itself, this rule aims to uphold the integrity of legislative language and ensure consistency in legal application.
The literal rule serves as a foundational pillar in statutory construction, providing a solid framework for judicial decision-making.
While offering clarity and predictability, it requires a nuanced approach to balance textual fidelity with broader legislative intent, thus ensuring just outcomes in legal proceedings.
First rule of interpretation.
Interprets words in their natural or ordinary meaning.
Emphasizes natural or ordinary meaning of words.
Legislature's intention deduced from language used.
Court's duty to give effect if language clear, regardless of consequences.
Basic Principle
Words interpreted according to grammar rules.
Legislature's intention expressed through words.
Safest rule of interpretation.
Duty of the Court
Court's duty is to give effect if language is plain.
No consideration of consequences.
Legislature's responsibility for any harsh consequences.
Case Law:
Maqbool Hussain v. State of Bombay (AIR 1953 SC 325)
Appellant found with undeclared gold.
Charged under Sea Customs Act and Foreign Exchange Regulations Act.
Challenged trial under Article 20(2) of Indian Constitution (double jeopardy).
Court held trial valid as appellant not previously prosecuted.
Manmohan Das versus Bishan Das (AIR 1967 SC 643)
Interpretation of U.P Control of Rent and Eviction Act, 1947.
Tenant liable for alterations diminishing property value.
Appellant argued 'or' should be read as 'land'.
Court applied literal interpretation, ruled against appellant.
State of Kerala v. Mathai Verghese and others (1987 AIR 33 SCR(1) 317)
Accused charged with possession of counterfeit currency.
Contention: Sections 498A and 498B of IPC apply only to Indian currency.
Court held 'currency notes' not prefixed, upheld charge.
Advantages of Literal Rule
Provides certainty and predictability.
Reflects legislative intent accurately.
Upholds rule of law.
Criticisms of Literal Rule
Ignores legislative purpose or intent behind words.
May lead to absurd or unjust outcomes.
Limits judicial discretion.
Application of Literal Rule
Commonly used in statutory interpretation.
Guides judges in understanding legislative intent.
Ensures consistency in legal decisions.
Practical Examples of Literal Rule Application
Tax laws: Interpreting tax code provisions
Penal laws: Interpreting penal code provisions.
Introduction
FIU IND, short for Financial Intelligence Unit - India, is an agency responsible for receiving, analyzing, and disseminating information relating to suspicious financial transactions. It plays a crucial role in combating money laundering and terrorist financing. FIU registration is mandatory for certain financial entities to ensure they comply with the legal requirements and contribute to the integrity of the financial system.
The subject matter of this study is the legislation and practice of disciplinary liability for corruption and corruption-related offenses in Ukraine and, in a comparative aspect, abroad.
The purpose of the study is to identify gaps, contradictions and other shortcomings in the legislative regulation and practice of disciplinary liability for corruption and corruption-related offenses and, on this basis, taking into account positive foreign experience, to propose appropriate amendments to Ukrainian legislation.
The Law of Dogs in Sectional Title SchemesAshwini Singh
The Law of Dogs in Sectional Title Schemes (in South Africa):
-PCR 1(1) of the STSM Regulations:
“The owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property.”
-PCR 1(2) of the STSM Regulations:
“An owner or occupier suffering from a disability and who reasonably requires a guide, hearing or assistance dog must be considered to have the trustees’ consent to keep that animal in a section and to accompany it on the common property.”
-Subsection 39(2)(c) of the CSOS Act:
“An order declaring that an animal is being kept in a community scheme contrary to the scheme governance documentation, and requiring the owner or occupier in charge of the animal to remove it…"
-The Trustees of The Ridge Body Corporate v Wijne:
Adjudication Order Paragraph 47:
“The continued conduct [of the Respondents] to keep pets in their unit without authorisation of the Trustees of the Ridge is contrary to the provisions of the scheme’s conduct rules [and] is a violation of the rules and amounts to usurping the authority of the Trustees if not disregarding it…”
Adjudication Order Paragraph 50:
“In terms of the scheme rules, it is not permissible for an owner or occupier of a unit to keep an animal or pet without prior authorisation of the trustees. In the premises, [the Respondents] are found to have acted in contravention of the scheme rules of The Ridge and have acted contrary to the provisions of Section 39(2)(b) of the Community Schemes Ombud Service Act…”
Adjudication Order Paragraph 53.1:
“The Respondent … is ordered to remove the pet dog and parrot kept in … The Ridge and out of the scheme within 30 days of delivery of this order.”
1. A Strategic Roadmap for Prevention of Drug
Trafficking through Internet
*Sandeep Mittal
Abstract
The ‘World Wide Web (WWW)’ or popularly known as the ‘Internet’ has become an
essential part of our professional and personal lives. It has revolutionized communication
and trade beyond the control of National and International borders. Therefore, the
prevention of trafficking of drugs through World Wide Web is the emerging evil and
remains a global challenge for Law Enforcement Agencies. The problem of understanding
‘Trafficking of Drugs through Internet’ has been compared with the problem of elephant
and the five blind men.
A Typical modus operandi of drug trafficking through internet and operation of Internet
Pharmacies has been identified on the basis of Indian case -studies. Based on the Indian
experience, a Strategic Roadmap for prevention of drug trafficking through Internet has
been prepared. The obstacles to the implementation of Strategic Roadmap have been
identified and solutions proposed within the existing system of Criminal Justice
Administration. Finally, the process of evaluation of the proposed Strategic Plan has
been proposed by author.
Keywords: Drug Trafficking, Internet Pharmacy, World Wide Web (WWW), Criminal
Networks, Narcotics, Psychotropic Substances, N.D.P.S. Act.
THE CHALLENGE
The ‘World Wide Web’ (WWW) or popularly known as the ‘Internet’ has become an
essential part of our professional and personal lives. It has revolutionized communication
and trade beyond the control of national and international borders. The unscrupulous
criminals are using Internet to their advantage to commit numerous crimes viz.,
pornography, gambling, lottery, financial frauds and not the least drug trafficking as it is
difficult to regulate and expensive to monitor. The drug traffickers use the Internet to
establish and maintain their global criminal networks and sell the narcotic and psychotropic
substances to general public all over the world. The ‘Internet- Pharmacies’ are threatening
the continued existence of the current system of global prohibition.1, 2, 3
In an international
sting operation in June, 2013 spread over 99 countries USFDA shut sownat least 1,677
internet pharmacies many of which appeared to be part of an organized criminal network.4
*Deputy Inspector General of Police, LNJN National Institute of Criminology and Forensic Science (Ministry
of Home Affairs: Government of India), Sector- 3, Rohini, Delhi- 110 085, INDIA, E-mail ID:
smittal.ips@gmail.com
2. A Strategic Roadmap for Prevention of Drug Trafficking through Internet 87
A few popular examples of such narcotic and psychotropic substances are phentermine,
alprazolam, clonazepam, triazolam, diazepam, lorazepam etc. They not only have high
potential of abuse but are extremely addictive in nature. The online sales of such narcotic
and psychotropic substances is a criminal offence under the Indian Law viz., under section
12 and 24 of The N.D.P.S. Act9
1985,
a) import/ export, transit, trans-shipment of scheduled drugs and psychotropic substances
is prohibited.
b) no import / export of drugs and psychotropic substances through post or bankare
permitted.
c) no person shall engage in or control any trade whereby a narcotic drug or psychotropic
substance is obtained outside India and supplied to any person outside India save
with the previous permission of the Central Government and subject to conditions.
The contraventions of the provisions of Act are punishable with imprisonment for not
less than 10 years, extendable to 20 years, and fine of not less than Rs.1, 00,000.
Therefore, the trafficking of drugs through World Wide Web is the global emerging
evil and remains a challenge for Law Enforcement Agencies.12
A TYPICAL MODUS- OPERANDI OF DRUG TRAFFICKING THROUGH
INTERNET
A number of cases of trafficking of drugs through the Internet have come to the notice of
Indian Law Enforcement Agencies., e.g., in Gujarat, Uttar Pradesh., West Bengal, New Delhi
and Tamilnadu.
Figure 1.
3. The Indian J ournal of Criminology & Criminalistics88
The understanding of the mechanism of trafficking of drugs through internet could be
compared to the problem of “The Elephant and the Five Blind Men”15
pictured in figure-1
above. In most of the cases the investigation agencies had no clue as to modus-operandi of
such cases until the land-mark case of ‘Xponse Technologies’ was detected by Indian Law
Enforcement Agencies in 2007.6,7
It would be interesting to read the following Judgment in
this case of Honb’ le Supreme Court of India, wherein the accused has even claimed the
benefit of Section 79 of the I. T. Act, 1980.8
“Judgment:Order
CRIMINAL APPEAL NO. 1659 OF 2007 (@SLP (Crl.) No. 3892 of 2007)
Harjit Singh Bedi, J. - Special Leave granted
The appellant Sanjay Kumar Kedia, a highly qualified individual, set up two companies M/s. Xponse
Technologies Limited (XTL) and M/s. Xponse IT Services Pvt. Ltd. (XIT) on 22.4.2002 and 8.9.2004
respectively which were duly incorporated under the Indian Companies Act, 1956. On 1.2.2007 officers
of the Narcotics Control Bureau (NCB) conducted a search at the residence and office premises of the
appellant but found nothing incriminating. He was also called upon to appear before the NCB on a
number of occasions pursuant to a notice issued to him under Section 67 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (hereinafter referred to as the “Act”) and was ultimately arrested
and the bank accounts and premises of the two companies were also seized or sealed. On 13.3.2007 the
appellant filed an application for bail in the High Court which was dismissed on the ground that a
prima facie case under Sections 24 and 29 of the Act had been made out and that the investigation was
yet not complete.
The appellant thereafter moved a second bail application before the High Court on 16.4.2007 which too
was dismissed with the observations that the enquiry was at a critical stage and that the department
should be afforded sufficient time to conduct its enquiry and to bring it to its logical conclusion as the
alleged offences had widespread ramifications for society. It appears that a bail application was thereafter
filed by the appellant before the Special Judge which too was rejected on 28.5.2007 with the observations
that the investigation was still in progress. Aggrieved thereby, the appellant preferred yet another
application for bail before the High Court on 4.6.2007 which too was dismissed on 7.6.2007. The present
appeal has been filed against this order.
3. Notice was issued on the Special Leave Petition on 30.7.2007 by a Division Bench noticing a contention
raised by Mr. Tulsi that service providers such as the two companies which were intermediaries were
protected from prosecution by Section 79 of the Information Technology Act, 2000. An affidavit in reply
has also been filed on behalf of the respondent NCB and a rejoinder affidavit in reply thereto by the
appellant.
4. We have heard learned counsel for the parties at length.
5. Mr. Tulsi has first and foremost argued that the allegations against the appellant were that he had
used the network facilities provided by his companies for arranging the supply of banned psychotropic
substances on line but there was no evidence to suggest that the appellant had been involved in dealing
with psychotropic substances or engaged in or controlled any trade whereby such a substance obtained
outside India had been supplied to persons outside India and as such no case under section 24 of the
Act had been made out against the appellant. Elaborating this argument, he has submitted that the two
drugs which the appellant had allegedly arranged for supply were phentermine and butalbital and as
these drugs were not included in Schedule-I of the Narcotic Drugs or Psychotropic Substances Rules
1987 in terms of the notification dated 21.2.2003 and were also recognized by the Control Substances
Act, a law applicable in the United States, as having low potential for misuse and it was possible to
obtain these drugs either on written or oral prescription of a doctor, the supply of these drugs did not
fall within the mischief of Section 24. He has further argued that in the circumstance, the companies
were mere network service providers they were protected under Section 79 of the Technology Act from
any prosecution.
6. Mr. Vikas Singh, the learned Additional Solicitor General for the respondents has however pointed out
that the aforesaid drugs figured in the Schedule appended to the Act pertaining to the list of psychotropic
4. A Strategic Roadmap for Prevention of Drug Trafficking through Internet 89
substances (at Srl. Nos. 70 and 93) and as such it was clear that the two drugs were psychotropic
substances and therefore subject to the Act. It has also been pointed out that the appellant had been
charged for offences under Sections 24 and 29 of the Act which visualized that a person could be guilty
without personally handling a psychotropic substance and the evidence so far collected showed that the
appellant was in fact a facilitator between buyers and certain pharmacies either owned or controlled by
him or associated with the two companies and that Section 79 of the Technology Act could not by any
stretch of imagination guarantee immunity from prosecution under the provisions of the Act.
7. It is clear from the Schedule to the Act that the two drugs phentermine and butalbital are psychotropic
substances and therefore fall within the prohibition contained in Section 8 thereof. The appellant has been
charged for offences punishable under Sections 24 and 29 of the Act. These Sections are re-produced
below:
24. “ Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of
section 12.- Whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance
is obtained outside India and supplied to any person outside India without the previous authorization
of the Central Government or otherwise than in accordance with the conditions (if any) of such
authorization granted under section 12, shall be punishable with rigorous imprisonment for a term which
shall not be less than ten years but which may extend to twenty years and shall also be liable to fine
which shall not be less than one lakh rupees but may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two
lakh rupees”.
29. Punishment for abetment and criminal conspiracy. - (1)Whoever abets, or is a party to a criminal
conspiracy to commit an offence punishable under this Chapter, shall, whether such offence be or be not
committed in consequence of such abetment or in pursuance of such criminal conspiracy, and
notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable
with the punishment provided for the offence.
(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of
this section, who, in India abets or is a party to the criminal conspiracy to the commission of any act in
a place without and beyond India which
(a) would constitute an offence if committed within India; or
(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances
having all the legal conditions required to constitute it such an offence the same as or analogous to the
legal conditions required to constitute it an offence punishable under this Chapter, if committed within
India.
8. A perusal of Section 24 would show that it deals with the engagement or control of a trade in Narcotic
Drugs and Psychotropic Substances controlled and supplied outside India and Section 29 provides for
the penalty arising out of an abetment or criminal conspiracy to commit an offence under Chapter IV
which includes Section 24. We have accordingly examined the facts of the case in the light of the argument
of Mr. Tulsi that the companies only provided third party data and information without any knowledge
as to the commission of an offence under the Act. We have gone through the affidavit of Shri A.P.
Siddiqui Deputy Director, NCB and reproduce the conclusions drawn on the investigation, in his words.
“(i) The accused and its associates are not intermediary as defined under section 79 of the said Act as
their acts and deeds was not simply restricted to provision of third party data or information without
having knowledge as to commission of offence under the NDPS Act. The company (Xponse Technologies
Ltd. And Xponse IT Services Pvt. Ltd. Headed by Sanjay Kedia) has designed, developed, hosted the
pharmaceutical websites and was using these websites, huge quantity of psychotropic substances
(Phentermine and Butalbital) have been distributed in USA with the help of his associates. Following are
the online pharmacy websites which are owned by Xponse or Sanjay Kedia.
(1) Brother Pharmacy.com and LessRx.com: Brothers pharmacy.com, online pharmacy was identified as
a marketing website (front end) for pharmaceutical drugs. LessRx.com has been identified as a “back
end” site which was being utilized to process orders for pharmaceutical drugs through
Brotherspharmacy.com. LessRx.com’s registrant and administrative contact was listed True Value
Pharmacy located at 29B, Rabindra Sarani, Kolkata, India-700073. Telephone No.033-2335-7621 which
5. The Indian J ournal of Criminology & Criminalistics90
is the address of Sanjay Kedia. LessRx.com’s IP address is 203.86.100.95. The following websites were
also utilizing this IP address:
ALADIESPHARMACY.com, EXPRESSPHENTERMINE.com, FAMILYYONLINEPHARMACY.com
ONLINEEXPRESSPHARMACY.com, SHIPPEDLIPITOR.com Domain name Servers for LessRx.com (IP
address: 203.86.100.95) were NS.PALCOMONLINE.com and NS2PALCOMLINE.com.
The LessRx.com’s website hosting company was identified as Palcom Web Pvt Ltd, C-56/14,1st Floor,
Institutional Area, Sector 62, Noida-201301. Sanjay Kedia entrusted the hosting work to Palcom at VSNL,
Delhi. These servers have been seized. Voluntary statement of Shri Ashish Chaudhary, Prop. Of Palcom
Web Pvt Ltd.indicates that He maintained the websites on behalf of Xponse.
According to the bank records, funds have been wired from Brothers pharmacy, Inc’s Washington Mutual
Bank Account #0971709674 to Xponse IT services Pvt Ltd, ABN AMRO bank account No.1029985,
Kolkata.
(2) Deliveredmedicine.com : A review of the Xponse’s website-XPONSEIT.com was conducted and
observed and advertisement for XPONSERX. That XPONSERX was described as a software platform
developed for the purpose of powering online pharmacies. Xponserx was designed to process internet
pharmacy orders by allowing customers to order drugs. Drug Enforcement Administration (DEA), USA
conducted a “whois” reverse lookup on domain name XPONSERX.COM was at domaintools.Com and
it revealed that XPONSERX.COM was registered to Xponse IT Services Pvt Ltd, Sanjay kedia, 29B,
Rabindra Sarani, 12E, 3rd floor, Kolkata, WB 70073. Telephone no. +91-9830252828 was also provided
for Xponse. Two websites were featured on the XPONSEIT.COM websites as featured clients. And these
were DELIVEREDMEDICINE.COM AND TRUEVALUEPRESCRIPTIONS.COM. Review indicated that
these two websites were internet pharmacies.
Consequently a “whois” reverse look-up* on domain name DELIVEREDMEDICINE.COM at
domainstools.com conducted by DEA revealed that it was registered to Xponse Inc.,2760 Park Ave.,Santa
Clara, CA, USA which is the address of Sanjay Kedia.
(3) Truevalueprescriptions.com: Review of this website indicated that this website was an internet
pharmacy. In addition TRUEVALUEPRESCRIPTIONS listed Phentermine as a drug available for sale. It
appeared that orders for drugs could be made without a prescription from the TRUEVALUE website, it
was noted that orders for drugs could be placed without seeing a doctor. According to the website, a
customer can complete an online questionnaire when placing the order for a drug in lieu of a physical
exam in a physician’s office. Toll free telephone number 800-590-5942 was provided on the TRUEVALUE
website for customer Service.
DEA, conducted a “whois” reverse look-up on domain name TRUEVALUEPRESCRIPTIONS.COM at
domaintools.com and revealed that IP address was 203.86.100.76 and the server that hosts the website
was located at Palcom, Delhi which also belongs to Xponse.
From the above facts it is clear that the Xponse Technologies Ltd and Xponse IT Services Pvt Ltd were
not acting merely as a network service provider but were actually running internet pharmacy and dealing
with prescription drugs like Phentermine and Butalbital.”
9. We thus find that the appellant and his associates were not innocent intermediaries or network service
providers as defined under section 79 of the Technology Act but the said business was only a facade and
camouflage for more sinister activity. In this situation, Section 79 will not grant immunity to an accused
who has violated the provisions of the Act as this provision gives immunity from prosecution for an
offence only under Technology Act itself.
10. We are therefore of the opinion that in the face of overwhelming inculpatory evidence it is not possible
to give the finding envisaged under Section 37 of the Act for the grant of bail that there were reasonable
grounds for believing that the appellant was not guilty of the offence alleged, or that he would not
resume his activities should bail be granted.
11. For the reasons recorded above, we find no merit in this appeal, which is accordingly dismissed. We
however qualify that the observations made above are in the context of the arguments raised by the
learned counsel on the bail matter which obligated us to deal with them, and will not influence the
proceedings or decision in the trial in any manner.”
6. A Strategic Roadmap for Prevention of Drug Trafficking through Internet 91
It was a great learning experience for investigators and would be the basis of
developing a strategic plan for preventing trafficking of drugs through internet. Let us
understand various stages of a typical modus-operandi of the entire sequence of trafficking
of drugs through internet. It is depicted in figure-2.
Figure 2.
1. A customer located anywhere in the world and who needs narcotics and psychotropic
substances, accesses a website hosted for this purpose. This website is known as “front
end website” and may (invariably) be co-hosted with a number of other similar
websites on the same or different I.P. address. The “Front End Websites” are generally
hosted on a server located abroad to dodge the local law enforcers and make their task
difficult.
2. The data collected by the “Front- end Websites” is routed to the “Back- end Websites”
at a domestic location in another State away from the location of drug trafficker.
3. The data received by “Back- end Websites” is extracted by the traffickers to their location
generally through File Transfer Protocol.
7. The Indian J ournal of Criminology & Criminalistics92
4. Now, the staff of the B.P.O takes order from clients over highly encrypted internet
telephone or Skype and receives payment online, many times in small amounts and
mostly through ‘high-risk-payment-gateways’.
5. Once, the payment is received, a label and prescription is generated with fake signatures
of doctor and the drug is dispatched to the customer through Courier Services or Postal
Services.
It would be evident from the above narration that the entire system is designed to dodge
the domestic as well as foreign Law Enforcement Agencies.
Figure 3.
THE STRATEGIC ROADMAP
By now we understand clearly that any strategy to prevent trafficking of drugs through
internet and choke such Internet Pharmacies has to be multi-pronged, comprehensive,
consistent, and dynamic. However, it can never be a short term one-time event. It would
need continuous development depending upon developments in the Internet-Technology.
Piecing together the bits and pieces of the puzzle of elephant16
,a strategic roadmap to
combat trafficking of drugs through the Internet is depicted in Figure - 3, and outlined in
the following lines. It is a multi-pronged strategy to choke and neutralize every stage/step
of the typical modus-operandi of drug traffickers.
1. Formation of specialized unit to cyber-patrol the World Wide Web to detect websites
that are selling narcotic and psychotropic drugs online. Once these websites are
identified, the IP Address and the physical location of the server would be ascertained.
The reverse -IP would be performed to find other related websites.
2. Internet Service Providers to provide mirror image of servers to conduct forensic
examination of transactions.
8. A Strategic Roadmap for Prevention of Drug Trafficking through Internet 93
3. Special Teams would be formed to investigate such cases.
4. Requisition to CERT-IN to block all the identified websites.
5. ‘Surveillance Teams’ to regularly visit the ‘Foreign Post Offices’ and Courier-Hubs to
detect consignments of narcotic and psychotropic drugs.13
6. Real time sharing of intelligence and information with Narcotics Control Bureau (NCB)
and National Crime Bureau (in C.B.I) for Interpol’s assistance.The International
Criminal Police Organization (ICPO/INTERPOL) has a Drugs Sub-division at General
Secretariat and monitors and responds to incoming communications on drug
enforcement matters, conducts intelligence analysis of information & produces tactical,
statistical and strategic, intelligence reports5,14.
7. Tracking the routes and channels for transferring money from foreign countries with
the assistance of Financial Intelligence Unit, India(F.I.U- India).
8. Arrest of the accused and freezing his financial assets under the Indian Law. The
financial assets would be frozen under chapter 5A (u/s 68 (F) (1)) of N.D.P.S Act.9
The
confirmation would be obtained from the Competent Authority (SAFEMA / NDPS)
under the Ministry of Finance, Government of India.11
9. The fit cases would be detained under PITNDPS Act.( 10)
THE OBSTACLES & SOLUTIONS
1. Lack of skills and knowledge on the part of the Investigators.
A capsule course on various aspects of trafficking of drugs through Internet should be
designed and imparted to the specialized unit staff with active co-operation from NIB-
CID units of states and NCB-India.
2. Lack of Tools / Software / Hardware for monitoring and forensic analysis.
The funds should be sought from NCB-India under existing scheme of funding for the
state police forces. However NCB itself is ill-equipped to handle such cases.
3. Lack of co-operation on the part of Internet Service Providers (ISPs) during investigation.
Regular short- duration educational and sensitization Programmes should be organized
to overcome this obstacle.
4. Lack of awareness among the postal and courier staff regarding the criminal nature of
these transactions.
Regular sensitization Programmesshould be organized for their nodal officers.
5. Lack of awareness among the financial institutions, credit card companies, banks etc.
9. The Indian J ournal of Criminology & Criminalistics94
They should be sensitized about their duty to send Suspicious Transaction Reports
(STRs) and Cash Transaction Reports (CTRs) to F.I.U-India without fail. The data
provided by F.I.U- India should be analyzed by Intelligence Analysts in the
investigation agency.
6. Lack of awareness among the citizens regarding the criminal nature of this business
as many may think it to be a legal pharmaceutical trade.
Regular campaignsshould be organized to educate public to overcome this obstacle.
THE EVALUATION
Any process of evaluation of such multipronged strategic plan cannot be simple.
However, the assessment would be based on
E = f ( it
+ iv
+ t + c )
The Evaluation ( E ) would be a function ( f ) of,
1. Intelligence Factor ( it
): Human intelligence, technical intelligence and analysis of
cyber-patrol logs of identified websites would account for this factor.
2. Investigation Factor ( iv
): Detection of quality cases registered, websites blocked, accused
arrested and the financial assets frozen would account for this factor.
3. Training Factor ( t ): Number of quality training programs conducted for Investigators,
Financial Institutions, Judicial Officers & educational campaigns etc.
4. Coordination Factor ( c ): Generalized and need based coordination exercises with
CERT-IN, NCB, Interpol (NCB-CBI), FIU-India and International Drug Liasion Officers
( D.L.O.s ).
It is firmly believed that this strategic plan would go a long way in preventing trafficking
of drugs through internet.
Note: The views expressed in this paper are of the author and do not reflect the views of
the organizations where he worked in the past or is working presently.
REFRENCES
1
National Institute of Justice, U.S. Department of Justice:NIJ Special Report on Investigations Involving
the Internet and Computer Networks (2007). http://www.ojp.usdoj.gov/nij
2
United Nations Office on Drugs and Crime, Vienna & UN Counter - Terrorism Task Force:Report
on the Use of the Internet for Terrorist Purposes (2012).
3
WALSH C. (2011). ‘Drugs, the Internet and Changes’ Jan-Mar; 43(1): 55-63.doi: 10.1080/02791072.
2011 566501 Journal of Psychoactive Drugs
10. A Strategic Roadmap for Prevention of Drug Trafficking through Internet 95
4
ANNA Edney (2013). ‘Crackdown on Online Pharmacies Nets $41 Million in Drugs’: June 27,
2013 in Bloomberg.
5
LEAMY WJ. (1983). ‘International co-operation through the Interpol System to counter illicit
drug trafficking’: Bull. Narc. 1983 Oct-Dec.35 (4); 55-60.
6
American addicts, fed from Calcutta. The Telegraph, Calcutta, India, February 14, 2007.
7
An IIT brain, selling illicit drugs online. The Times of India February 14, 2007.
8
SANJAY Kumar Kedia Vs NCB and another. Supreme Court of India Judgment Dated 3rd
Dec.
2007 in Appeal (Crl.) 1659 of 2007 (@ SLP (Crl.) No.3892 of 2007).
9
The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act No.61 of 1985 dated 16 September,
1985 as amended from time to time).
10
The Prevention of Illicit Traffic in Drugs & Psychotropic Substances Act, 1988 (Act No.46 of
1988 dated 4th
July, 1988)
11
The Prevention of Money Laundering Act, 2002 (PMLA) (as amended in 2005 & 2009).
12
International Narcotics Control Board (2009), United Nations, New York. Guidelines for
Governments on Preventing the illegal Sale of Internationally Controlled Substances through the Internet.
13
DARIN D. Fredrickson, Raymond P. Siljander. Street Drug Investigation: A Practical Guide for
Plainclothes Uniformed Personnel. Charles C Thomas Publisher Ltd. Springfield, Illinois USA.
14
‘Connecting Police for a Safer World’. http://www.interpol.int/interpol.
15
‘Clear Thinking, Persuasively communicated JackMalcolm’s Blog’: http://www.jackmalcolm.
com/blog/2010/09/cares-selling-problem-owners/
16
http://www.lfslessonsasia.com/pcblindmenandelephant.html. Imorgesource-Word Facus.com.