A CRITICAL ANALYSIS OF THE NARCOTICS CONTROL ACT,
2018
Submitted by
Md. Ariful Islam Mishuk
Supervised by
Abdullah Al Aman
Assistant Professor
January 2023
DEPARTMENT OF LAW
STAMFORD UNIVERSITY BANGLADESH
i
CRITICAL ANALYSIS OF DRUG CONTROLLING ACT
Submitted by
Md. Ariful Islam Mishuk
ID: LL.B 06910003
A Dissertation Submitted in Partial Fulfillment of the
Requirements for the Degree of LL.B. (Honours) of Law
Supervised by
Abdullah Al Aman
Assistant Professor
January 2023
DEPARTMENT OF LAW
STAMFORD UNIVERSITY BANGLADESH
ii
LETTER OF TRANSMITTAL
To
Abdullah Al Aman
Assistant Professor
Department of Law
Stamford University Bangladesh
Subject: Submission of thesis paper.
Dear Sir,
It is a great pleasure to submit my thesis on ‘Critical Analysis of Drug Controlling
Act’ I have given best efforts to finish the thesis with relevant information that I have
collected from various sources. I have collected from various sources. I have
concentrated my efforts to achieve to objectives of the work and hope that my
endeavor will serve the purpose. I shall be grateful and obliged if you kindly accept
may thesis and evaluate it.
Sincerely yours,
----------------------------Md. Ariful Islam Mishuk
ID: LL.B 06910003
Department of Law
Stamford University Bangladesh
iii
DECLARATION
I Md. Ariful Islam Mishuk, the student of Law, batch 69 A, bearing ID: LLB
06910003 ‘Critical Analysis of drug controlling Act’ from Stamford University
Bangladesh would like to declare here, the declaration on the dissertation report on
‘Critical Analysis of drug controlling Act’ which I have not submitted for any other
degree before, The work I have presented dose not breach any copyright.
I further undertake to indemnify the university against any loss or damage
arising from breach of the foregoing obligations.
……………………........
Md. Ariful Islam Mishuk
ID: LL.B 06910003
Department of Law
Stamford University Bangladesh
iv
CERTIFICATION
This is to certify that the dissertation on ‘Critical Analysis of Drug Controlling Act’ is
done by Md. Ariful Islam Mishuk, Batch 69 A, ID- LLB 06910003 in partial
fulfillment of the requirements for the degree of LL.B. (Honours) from Stamford
University Bangladesh. The dissertation has been carried out under my guidance and
is a record of the bona-fide work carried out successfully.
---------------------------Abdullah Al Aman
Assistant Professor
Department of Law
Stamford University Bangladesh
v
ABSTRACT
This thesis has emphasized on the causation of drug controlling. Abuse of narcotics is
a multi-dimensional serious problem across the world. Among the major problems the
modern world facing-abuse and illicit trafficking of narcotics is the significant one.
Bangladesh is not a drug producing country but suffering from this problem due to its
geographical proximities. From the historical point of view, evidence shows the
traditional use of drugs in this country. During the Mughal and Re- British era, the
use of alcohol, opium and cannabis was common in different festival and religions
ceremony. British rulers started opium cultivation as commercial operation to collect
revenue. Multicultural social life sometimes inspired the use of drugs in this region.
With the rapid development of our economy alongside the digitalization, Bangladesh
is encountering a great challenge to save her young generation from the course of
drug abuse. The Government of the People’s Republic of Bangladesh realized the
backdrop and enacted the Narcotics Control Act, 1990. This enactment was the
principal tool before enacting The Narcotics Control Act, 2018 to control drug
menace in the land and provides provisions to create mass awareness and treatment to
the drug patient. This paper will attempt to overview the laws for drugs control in
Bangladesh.
vi
TABLE OF CONTENTS
Page No
Acknowledgement
ix
Chapter 1
Introduction
Introduction
1
Chapter 2
General Concept Alcoholism and Drug
2.1 Concept of Alcoholism
3
2.2 Nature of Alcoholism
3
2.3 Effect of Alcoholism
4
2.4 Alcohol - The Negative and Positive Aspects
5
2.5 Main Causes of Drug Addiction
6
2.6 Classification of Drug
8
Chapter 3
Present Scenario and Government Steps
3.1 Current Scenario of Use of Narcotics in Bangladesh
11
3.2 Narcotics Control Activities in Bangladesh
13
vii
Chapter 4
Narcotics Control Act, 2018 and Other Law Relating to Prevention of
Alcoholism
4.1 Introduction
17
4.2 Laws to Prevent Alcohol Abuse and Alcoholism
17
4.3 Policy and Legislation
18
4.4 Plans and Programs
19
4.5 International Cooperation
20
4.6 Methods of Prevention and Control
21
4.7 Compare with Narcotics Controls Act 2018 and Old Law
27
4.8 Loopholes of Narcotics Control Act 2018
29
4.9 Loopholes of Narcotics Control Act 1990
30
Chapter 5
Program to Prevent Alcoholism and Drug Abuse
5.1 Drug and Alcohol Abuse Prevention Program
32
Chapter 6
Recommendations and Conclusion
6.1 Recommendations
34
6.2 Conclusion
36
REFERENCES
40
viii
ACKNOWLEDGEMENT
First of all, I wish to acknowledge the immeasurable grace and propound kindness of
the Almighty God I express my gratitude to my honorable thesis supervisor Abdullah
Al Aman, Assistant Professor, Department of Law, Stamford University Bangladesh
for giving me the opportunity to complete my thesis report under his supervision. He
gave me his valuable time and important information to complete the thesis. I also
express my gratefulness to my parents and my family members who encouraged me
all the times.
Finally I am also grateful to the Department of Law, Stamford University
Bangladesh, for providing me such an opportunity to come closer to the real situation.
ix
viii
Chapter 1
INTRODUCTION
Bangladesh became independent in 1971. After independence the laws, enacted
during British and Pakistan period, remain in force in Bangladesh. So naturally
Opium Act, 1857, Opinum Act, 1878, Excise Act, 1909, Dangerous Drugs Act, 1930
and Opium Smoking Act, 1932 are enforced in Bangladesh. But these are not
sufficient to make the country free from addiction. That is why “Intoxicant Control
Ordinance, 1989” a more effective law, was declared.xvi Subsequently it was passed
in the parliament as “The Intoxicant Control Act, 1990.
Recently, narcotics addiction has significantly increased in worldwide,
especially in the south Asian countries like Bangladesh. In our country, this agent of
human devastation has tract its black paw to every nook and cranny. Specially, this
drug addiction number is increasing day by day among the young generation. This
alarming condition is already reported by the United Nations and World Health
Organization (WHO). 1
Alcoholism and drug addiction may be conceptualized as crime without
victim. Suppose addict himself is the victim who becomes a prey of its misuse2.This
devastating melody is eroding the roots of social, economic and cultural fibred of the
1
Ahmed Siddique, Criminology: Problems and Perspective, 5th ed. (Lucknow: Eastern Book
Company. 2005), p. 434.
2
P. Kundram & V.N. Murty, “ drug Abuse And Crime : A Preliminary Study” (1979) 7 Indian Jour
Crime 65-68. [www.googlesearch.Com last visited on 29 December 2023].
1
society. It gives rise to criminality and criminal behaviour which eventually leads to
social disorganization.3
Drug abuse is increasing day by day from bottom to top around the country.
Though Bangladesh Government has taken hard policy and action against drug abuse
but its success depends on implementation of the amended Narcotics Control Act
2018. As per Narcotics Control Act 2018, any person could be sentenced to death for
carrying, trading, storing or processing yaba weighing over five grams and any
institution, patronizes, individual supplies or invest or colludes in drug crimes. If
anyone carries, trades, stores, or processes yaba weighing less than five grams, he or
she could be sentenced to five year jail and fined. There also has such serious
punishment for other types of drug abuse. However, there are various punishment for
carrying, trading, processing, supplying the narcotics and agonist product in the
amendment of 2018.
3
N.V. Paranjape, Criminology and Penology, 14th ed. (Allahbad: Central Law Publication, 2009),
p.152
2
Chapter 2
GENERAL CONCEPT ALCOHOLISM AND DRUG
2.1 Concept of Alcoholism
Alcoholism, also known as alcohol use disorder (AUD), is a broad term for any
drinking of alcohol that results in mental or physical health problems. The disorder
was previously divided into two types: alcohol abuse and alcohol dependence.
2.2 Nature of Alcoholism
Like Drug addiction alcoholism is also an addiction. Alcohol gets into the
bloodstream so the effects can be almost immediate, but it can take hours to wear off
depending on size, weight, what is drinking, how strong it is and how much is drink.
Alcoholism is present when a person craves alcohol and cannot limit or
contain his or her drinking. If someone experiences withdrawal symptoms such as
nausea, sweating, shakiness, or anxiety when alcohol consumption has ceased, or if
there is a need to drink greater amounts of alcohol in order to feel a high, that person
is most likely alcoholic.
Some may think that it’s just a matter of having the will to stop drinking, but
alcoholism is more complicated than that. An alcoholic’s craving for alcohol is so
great that it suppresses their ability to stop drinking. The majority of alcoholics need
assistance to stop drinking. With treatment and support from family and friends,
many have been able to stop drinking and rebuild their lives. It is a sad fact however
that there are still some who are unable to stop in spite of these aids.
Alcohol kills more teens annually than all other drugs combined. It is a factor
in the three leading causes of death in the 15-24 age groups in the U.S. accidents,
3
homicides and suicides. Binge drinking and chronic alcohol use are also associated
with many health problems.4
2.3 Effect of Alcoholism
Short-term effects of Alcoholism

Slurred speech

Vomiting

Drowsiness

Distorted vision, hearing and coordination

Impaired judgment

Headaches

Breathing difficulties

Poor perception and coordination

Unconsciousness

Coma
Long-term effects:
4

Unintentional injury (e.g., car crashes, falls, burns, drowning)

Intentional injury (e.g., firearm injuries, sexual assault, domestic violence)

Broken relationships

High blood pressure and strokes

Liver disease

Brain and nerve damage

Sexual dysfunction

Ulcers

Gastritis (inflammation of stomach walls)

Malnutrition
Ibid. p. 192.
4

Cancer of the mouth and throat
2.4 Alcohol - The Negative and Positive Aspects
The effects of alcohol, as is generally known, are damaging to the individual as well
as to society. As mentioned above, however, positive or negative, the effects of
alcohol can be viewed from two angels - from the points of view of effect on the
individual consumer and on social groups of individuals.
So far as the positive effects on the individual are concerned, alcohol can
reduce tension, guilt feelings, anxiety and frustration. As regards the damaging
aspect, it can impair physical, moral and mental health. It lowers
sensitivity,
efficiency and caution in a person. Deterioration of sense of timing and balance may
also occur. Inhibitions are reduced when alcohol is consumed but revert back when
the person is sober. This gives rise to irregular and erratic behaviour, a phenomenon
more dangerous in a complex society since the task of integrating an individual with
the group is far more formidable in a complex society than what it was in a relatively
simper society. Cirrhosis of liver, ‘alcoholic jealously’ delirium tremens and dimignition in libido are among the more specific troubles which may be caused by heavy
drinking. 5
Perhaps the only social good with which alcohol can be credited is that it
provides social opportunities, not otherwise available, for inter-personal exchange of
ideas, particularly to socially frustrated individuals. Alcohol, in its negatives aspect,
has tremendous potentialities. It may give rise, directly or indirectly, to various
crimes. An alcoholic may neglect his social and family obligations. Consumption of
liquor may lead to financial problems generating a number of family suffering in nonaffluent countries like India. Worst of all, the moral fabric of the family may
eventually be damaged beyond redemption.
5
Ahmed Siddique, Criminology: Problems and Perspective, 4th ed. (Lucknow: Eastern Book
Company. 2001) p. 435.
5
Scientists say that someone who has alcoholic addiction in his/her family is
more likely to develop alcoholism if they choose to drink. Alcoholism can also
develop or worsen based on a person’s environment and traumatic experiences in life.
These factors may include culture, family, friends, peer pressures, and the way the
person lives.6
Alcoholism can lead people into serious trouble, and can be physically and
mentally destructive. Currently alcohol use is involved in half of all crimes, murders,
accidental deaths, and suicides.
3
There are also many health problems associated
with alcohol use such as brain damage, cancer, heart disease, and diseases of the liver.
Alcoholics who do not stop drinking reduce life expectancy by 10 to 15 years. Too
much alcohol can destroy brain cells, possibly leading to brain damage.
Alcohol greatly disturbs the structure and function of the central nervous
system, hindering the ability to retrieve, consolidate, and process information.
Moderate consumption of alcohol can affect cognitive abilities while large amounts
interfere with the oxygen supply of the brain causing a blackout when totally drunk.
Alcohol addiction may also inflame the mouth, oesophagus, and stomach, and could
cause cancer in these areas, especially in drinkers who also smoke. Splurge drinking
may produce irregular heartbeats, and abusers experience a higher risk of high-blood
pressure, heart attacks, and other heart damage. Alcohol also can harm vision,
damage sexual function, slow circulation, is the grounds for malnutrition, and water
retention. It can also lead to skin and pancreatic disorders weaken the bones and
muscles, thus, decreasing immunity. 7
2.5 Main Causes of Drug Addiction
There are many reasons why you might begin taking drugs. It might be a case of your
friends are taking drugs which pressures you to do the same. Ask yourself. are these
6
[http://www.alaboutgod.com/truth/2peter-2.htm, last visited on 29 December 2022].
7
[http://www.alaboutgod.com/truth/2peter-2.htm, last visited on 29 December 2022].
6
real friends? Real friends would not put pressure on you to take something that is bad
for you. It may be a hard decision to make but the best thing you can do is say no and
walk away
One of the typical causes of drug addiction is the inability to cope with crisis.
Loss, disappointment, feelings of rejection, loneliness, and failure frequently lead to
physical and emotional symptoms. As symptoms of headaches, tension, sleeplessness,
and depression increase, medications become a solution. Some will get prescriptions
from a physician or try to medicate themselves. Not only has that but also had some
causes of drug addiction. I am giving a description about it.
1. The lack of parental care and control partly due to working situation of both
spouses and disintegration of joint family system are also contributing factors to
encourage this vice. It also spread among the middle, upper- middle, and high
economic class families. Urban areas seem to be more affected by this vice.8
2. The recent developments of in pharmaceutical and medical sciences have
provided scope for production of variety of toxic synthetic substances. This has
contributed substantially to drug abuse and addiction. 9
3. People often take drugs for relief from painful illness and ultimately get
addicted to it. Besides, there are some addicts whose neurological heritage is such
that they find it difficult to survive with out the use of alcohol or narcotic drugs and
this ultimately makes them habitual alcoholics or drug addicts.10
4. Frustration and emotional stress due to failures, sorrows miseries of life,
diverts people to join the company of addicts. For them drugs or alcohol is a medicine
- a blessing disguise11. In course of time they become addicted to this vice.12
8
N.V. Paranjape, Criminology and Penology, 14th ed. (Allahbad: Central Law Publication, 2009),
p.192.
9
Ibid, p. 192.
10
ibid, p. 193.
11
Jeorge Caltin E.G.: Alcoholism In the Encyclopedia of Social Science (1930) p. 155.
12
N.V. Paranjape, Criminology and Penology, 14th ed. (Allahbad: Central Law Publication, 2009),
7
5. Hippie-culture detracts youngsters to drug addiction and they start it as a
‘fun’ or enjoyment. They start consuming drugs or alcohol on an experimental basis
out of fun and enjoyment. The frequency of consumption gradually increases due to
its narcotic effect and finally a good majority of them turn out to be drug addicts and
habitual.13
6. The lack of knowledge of child psychology and communication gap
between parents and young addicts are also contributory factors for drug-abuse and
alcoholism. people who do manual work often believe that use of drugs such asalcohol, opium, ganja etc. Provides them added strength and vigour to withstand hard
labour. This delusion of physical vitality by use of alcohol or narcotic drugs
ultimately makes them confirmed addicts.14
7. Social disorganization is also a contributing factor for the menace of drug
abuse or misuse. Frequent family strife’s and breakdowns due to poverty,
temperamental differences, neighbourhood influences etc. may divert a person to
alcohol or drug consumption to overcome his domestic and family problems. This
may itself be a cause of tension and quarrel in the family. Such persons ultimately fall
a prey to drug abuse.15
Thus the process of alcoholism and drug-addiction sets in when a person
knowingly or unknowingly begins to consume alcohol or narcotic drug as a medicine
for a sound sleep at night or to get stimulation for work or to get relief from domestic
problems or to press depression, resentment, or to get rid of disturbing mental restless
and so on. He prefers to remain in the world of imagination rather than facing realities
of life. Gradually, he becomes addicted to alcohol or drug consumption and his
p. 193
13
Ibid, p. 193.
14
Ibid, p. 193.
15
Ibid, p. 193.
8
dependence on these intoxicants increases at relatively faster rate. Finally, he reaches
a stage when he cannot live without wine or drug since it becomes his life habit.16
2.6 Classification of Drug
The international Convention on Drugs to which India to which India is a signatory
gas classified drugs fewer than two categories, a) Narcotic Drugs, b) Psychotropic
Substances.
a) Narcotic Drugs:- The main drugs covered under this head are the following :
i) Opium (is generally used as pain killer) and its derives like brown sugar,
heroin and codeine.
ii) Coco leaf, cocaine.
iii) Cannabis (ganja) cannabis resin, extracts and tinctures.
iv) Methadone, pethedine, hebaine.
b) Psychotropic Substances includes valium, diazepam, tidiest, morphine etc.17
There are three types of drugs available in use in Bangladesh.18
1. Opium
a) Heroin
b) Phensidyl
c)Tidijesic
d) Pethidine
e) Opium
2. Cannabis
a) Ganja
b) Chorosh
16
17
18
ibid, p. 193.
ibid, p. 197.
Drug Addiction and Social Damage, Date of Publishing: 10 March 2001
9
c) Bhang
3. Sleeping pill
a) Tranquilizer
The intoxicants are also classified in the following manner:
A Class Intoxicants- This class includes- Opium, Poppy, any Afim, Opium
Derivatives-(viz- Morphine, Codeine, Thebaine, Noscapaine, Norco tine, Papavarine
etc), any artificial intoxicants like Afim ( viz- Pethidene, Meperdine, Methadone,
Dextromoramide, Dilydrocodeine, Meperdine Fentanyl, Pentaxocaine, Hydrophine,
Omnepone, Alphaprodine, Demeral, Oxycodone, Etrophine, Lofentanyl, Alfentynyl,
Alphamethy Fentanyl, 3-Methyl Fentanyl,
Asscetrophine,
Acetylmethadol,
Alphacetyl-methadol,
Betaprodine),
Cocaine,
Cocaine derivatives, Tetrahydrocanbinal, Cannabis resin, Charas, Hashish, Acetic
anhydride, Mescaline etc.
B Class Intoxicants- This class includes- Hemp plant, Herbal cannabis, Vang
Vang tree or such other trees used as source of addiction, Alcohol, All types of wine,
rectified spirit, Beer, LSD, Barbiturates, Amphetamine, Methyl Amphetamine,
Phencyclidine, Psilicybin, Nicocodine, Methaqualone.
C Class Intoxicants- This class includes Tare, Pochuie, Denatured spirit,
Methylated spirit, Chlordiazepoxied, Diazepam, Oxazepam, Lorazepam, Flurazepam,
Clorozepate, Nitrazepam,
10
Chapter 3
PRESENT SCENARIO AND GOVERNMENT STEPS
3.1 Current Scenario of Use of Narcotics in Bangladesh
3.1.1 Yaba
The ‘crazy medicine’ called Amphetamine (Yaba) has become the drug of choice
among the young generation over the past few years as it is cheap, potent, easy to
carry and highly addictive. A densely populated nation of about 160 million people,
Bangladesh is now on the front lines of the yaba epidemic. Yaba is mainly smuggled
through the Bangladesh-Myanmar border at the extreme South-Eastern area of Cox’s
Bazar District. Most of the drugs other than Yaba are smuggled into Bangladesh
through the borders of Satkhira,Jessore,Rajshahi, Joypurhat and Dinajpur along the
Western region and Cumilla and Brahmanbaria along the Eastern region.
According to the recent seizure statistics and reliable data, the major drug
market is Dhaka.The seizures of yaba are made 25.73% at Dhaka Zone, 69.22% at
Chittagong Zone, 2.20% at Barisal Zone & 0.24% at SylhetZone.More than 69% of
the seizure of Yaba is made at Chittagong because border of Cox’s Bazar of
Chittagong Zone is the route of smuggling Yaba into Bangladesh. Though the seizure
of Yaba at Dhaka is more than 25%,it still remains one of the biggest markets of
Yaba in Bangladesh.
3.1.2 Heroin
Heroin is a highly addictive illegal drug that belongs to the opioid family. It is
synthesized from morphine, which is an opiate chemical deived from the opium
poppy. In its purest form, heroin is a fine white powder. But more often, it is found to
11
be rose grey, brown or black in color. Bangladesh is in between the Golden
Triangle(Thiland,Myanmar and Loas) and the Golden Crescent (Iran,Pakistan and
Afghanistan). This is the major reason that made it epidemic level in Bangladesh.
The seizures of Heroin were 15.89% in Dhaka Zone,0.96% in Chattagong Zone,
73.21% in Rajshahi Zone,9.61% in Khulna Zone,0.08% in Barishal Zone and .37% in
SylhetZone.Therefore it appears that Rajshahi Zone has the highest prevalence of
seizure of Heroin.
3.1.3 Phensedyl
One of the largest illicit drugs consumption in Bangladesh is Phensedyl,a codeinebased cough syrup, which is largely smuggled through North-East side of India.
Codeine, one of the primary active ingredients in phensedyl, is a strong opiate which
is highly addictive and commonly misused.
According to the statistics, the seizures of phensedylwas 7.27% in Dhaka
Zone,14.36% in Chittagong Zone, 50.35% in Rajshahi Zone,25.82% in Khulna
Zone,0.33% in Barishal Zone and 1.87% in Sylhet Zone.The Phensedyl affected areas
of the country are Dhaka Metropolitan & the adjacent areas of Dhaka Metropolitan
and Mymensingh of Dhaka zone, Jessore&Chuadanga of Khulna Zone, Brahmanbaria
of Chittagong Zone and Rajshahi, Bogura, Noagaon, ChapaiNawabgonj and Dinajpur
of Rajshahi Zone. Abuse of Phensedyl is now in a decreasing trend.
3.1.4 Alcohol
The problen of alcorolism is becoming a threat to the nation's welfare. Although the
problem is more serious in urban areas. Alcohol consumption in Bangladesh is
greatly lower than the global average and western countries.
Local alcoholic beverages called Cholai and Tari are consumed by the lower
socio-economiacclasses, while workers drink another distilled beverage called Bangla
Mod.
The tribal communities of Hill Tract areas and among the Garo community in
greater Mymenshing hand the Shaontal community, the labors of tea gardens and
12
some lower castes and low-profession people called Sweeper, Dom, Cobbler,
Dhangors and Meth are used to drink home made alcoholic beverage reqularly.
The seizure of illicit country liquor & Cholai mod during the year 2016 was
20,036.41 liters and the amount of foreign liquor in that period was 101.02 liters,4837
bottles and 13203 cans of Beer. During the year 2016 the Department of Narcotics
Control detected a total of 9773 cases (including cases in Mobile Court) andmade
10465 arrests (including arrests in Mobile Court) of which 1079 (11.04%) cases and
1150 (10.99%) arrests were relaled to offtenes in connection with alcohol. According
to the data of drug addiction treatment services, only 1.03% of the treatment seekers
have problem with addiction to alcohol. People with alcohol habit very rarely seek
treatment because it does not hamper their regular life and consequences of alcohol
abuse is not visible like the problem of abuse of Yaba, heroin, Phensedyl or iniecting
drugs19.
3.2 Narcotics Control Activities in Bangladesh
Bangladesh faces a multitude of drug control challenges for its geographical location.
Opiates, cannabis and amphetamine-type stimulants remain the main substances of
concern, with record levels of cannabis herb seized in Bangladesh and India during
2017. There has been a thirtyfold increase in seizures of methamphetamine pills
known as “yaba” in Bangladesh since 2011, and the amounts of illicitly produced
opiates seized throughout the region have been increasing. The diversion of
controlled substances, particularly ephedrine and pseudoephedrine, from licit to illicit
channels has continued, as has the smuggling of pharmaceutical preparations
containing narcotic drugs and psychotropic substances, notably codeine-based cough
syrups, which remain a considerable challenge in Bangladesh.
There is a growing evidence of an emerging modus operandi of drug
trafficking in the region that involves the use of the Internet as a marketplace for
drugs and precursors, with mail or courier services being used for delivery. A
comparatively large number of parcels containing controlled substances have been
19
[<https://anual drug report 2016>visited on 01 January 2023].
13
seized. However, little is known about the extent of regulations applicable to Internet
pharmacies and business-to-business platforms acting as intermediaries between
buyers and sellers or about the role that express courier service providers play in the
cross border movement of controlled and non-scheduled substances.
Illicit cannabis cultivation is an issue of concern in Bangladesh. Illicit
cannabis cultivation remains a challenge in the country. It remains the most
frequently seized narcotic drug in Bangladesh. Bangladesh eradicated 69,989 illicitly
cultivated cannabis plants in 2017, the highest number of such plants eradicated in the
last seven years in the country, and almost double the number of plants eradicated in
2013.
In order of magnitude, Bangladesh recorded the next-largest quantity of
cannabis herb seized in the region, with close to 70 tons seized in 2017. While
seizures of cannabis herb have not fallen below 10 tons since the beginning of the
decade, the amount seized in 2017was by far the highest since 2010. Following a
steady increase since 2014, the amount seized in 2017 was more than triple the
amount seized in that year (17 tons in2014, 42 tons in 2015 and 47 tons in 2016). In
most cases, cannabis herb is trafficked into Bangladesh from neighboring countries.
Bangladesh seized 401 kg of heroin in 2017, the highest amount of heroin seized
in the last eight years, following significant year-on-year increases since 2014(30 kg
in 2014, 110 kg in 2015 and 267 kg in 2016). The amounts of other illicitly produced
opiates seized over the same period were very small. Seizures of pharmaceutical
uploads, which caused serious problems at the beginning of the decade (more than 4.1
tons were seized in 2010),have been in decline, with only a nominal amount seizedin
201720.
Codeine-based cough syrups sold under different trade names (e.g., Phensedyl
and Corex) have continuedto be seized. Codeine is trafficked mainly along the border
between India and Bangladesh. These pharmaceutical preparations are mostly
produced in India, often transported by road in trucks and trains and then trafficked
20
[<https://gulfnews.com/world/asia/bangladesh-makes-record-drugs-seizure>
January 2023].
14
visited
on
01
across the border into Bangladesh. In the first six months of 2018, the Department of
Narcotics Control seized large number of cough syrup.
Amphetamine-type stimulants “Yaba” remain drugs of considerable concern
in our country. “Yaba” (methamphetamine)tablets have been seized in increasing
numbers. “Yaba” methamphetamine was the second most seized drug in 2017 after
cannabis herb, with 3.6 tonsseized. This represents the highest quantity of
methamphetamine seized in the past eight years in Bangladesh and a more than
tenfold increase over the amount seizedin 2016 (355 kg). In 2016, the Department of
Narcotics Control in Bangladesh reported seizing close to 30 million“yaba” pills.
“Yaba” tablets, the methamphetamine-caffeine compound associated with the drug
abuse crisis in Bangladesh, are entering from Myanmar.
Virtually, the non-medical use of pharmaceutical drugs containing controlled
substances continues to be prevalent. The preparations in question include codeinebased cough syrups sold under different trade names, such as Corex and Phensedyl.
Drug abuse has become a major concern in our country in recent years. Illegal
drug use, abuse and addiction are serious problemsinour country. National Survey on
Drug Use and Health found that 10 percent of the total population use illegal drugs. It
also reported that most of them are struggling with either substance abuse or
dependence. They further reported that, among men aged 18 to 35, about 4 per cent
were dependent on opioids. The majority of those men (53 per cent) reportedly used
heroin, about 33 per cent used opium and some 14 per cent used a variety of
pharmaceutical opioids.
Since 2017, the Government of Bangladesh has severely restricted the
distribution of pseudoephedrine preparations in the country. Pseudoephedrine is the
prime precursor for the illicit manufacture of “yaba” and is mainly imported into
Bangladesh from India and Myanmar. However, statistics maintained by the
Department of Narcotics Control with regard to patients of national treatment centres
showed that, in 2016, for the first time in three years, heroin ranked first among the
drugs in respect of which treatment had primarily been provided: a little over a third
of patients were primarily treated for heroin abuse, about a third of patients for abuse
of “yaba” and less than a fifth of patients for cannabis abuse. Figures have fluctuated
15
over the period 2012–2016 in Bangladesh, with only one consistently discernible
trend concerning the use of “yaba”: in 2012, close to 6 per cent of patients were
treated primarily for methamphetamine abuse, a proportion that had increased
fivefold by 2016. In May 2018, Bangladesh declared a “war on drugs”, which has
reportedly resulted in the deaths, at the hands of law enforcement officials, of
hundreds of people suspected of drug trafficking21. Summary trials of drug offenders
through “mobile drug courts”, in which suspects are prosecuted and sentenced on the
spot, have been operational for a number of years, with conviction rates of close to
100 per cent (in 2016, for example, there were 6,591 convictions and 1 acquittal).
However, targeted drug law enforcement operations with large numbers of suspects
reportedly killed as a result is an unprecedented development in the country. Under
the international drug control conventions, drug-related crime must be addressed
through formal criminal justice responses, including internationally recognized due
process standards.
In October 2018, Bangladesh extended the application of the death penalty to
drug-related offences involving more than 200 g of methamphetamine (“yaba”),
which is widely abused in the country, and reclassified the substance as a class-A
narcotic drug.
21
[<http://www.dnc.gov.bd> visited on 01 January 2023].
16
Chapter 4
NARCOTICS CONTROL ACT, 2018 AND OTHER LAW
RELATING TO PREVENTION OF ALCOHOLISM
4.1 Introduction
Alcohol is psychologically and physically addictive. Frequent drinking can lead to
alcoholism. The government tries to prevent alcohol abuse and alcoholism through
laws and public awareness. It is important that people recognize the signs of
alcoholism at an early stage. A doctor who suspects that a patient is drinking too
much should refer the patient quickly to an appropriate care provider.
4.2 Laws to Prevent Alcohol Abuse and Alcoholism
There are several laws governing alcohol and alcohol consumption. The Licensing
and Catering Act sets rules about where alcohol may be sold, and prohibits the sale of
alcohol to anyone under the age of 18.Local authorities check compliance with the
Licensing and Catering Act. Besides the Licensing and Catering Act, there are other
rules and regulations on alcohol use too:
The Criminal Code says that it is a criminal offence to be drunk in public and
to disturb the public order while intoxicated. The Criminal Code also says that it is a
criminal offence to serve alcohol to someone who is obviously drunk. The Road
Traffic Act sets limits for alcohol in the blood for drivers. The limit is 0.05% for
drivers with a egular driving licence, and 0.02% for new drivers. The Media Act does
17
not allow alcohol commercials to be broadcast on television and radio between 6.00
and 21.00.22
4.3 Policy and Legislation
The government of Bangladesh recognizes drug abuse as one of the most serious
problems and is firmly committed to supporting international, regional and bilateral
efforts aimed at its prevention and control. The national drug enforcement policy is
embedded in the Narcotics Control Act 1990. The government took measures to
amend the Narcotics Control Act 1990 in line with UN Conventions. The major
features of drug abuse prevention and control in this legislation are:
1. Establishment of the National Narcotics Control Board (NNCB) with the task
of drug abuse prevention and control, and to encourage foreign and domestic
participation in drug control activities;
2. Compulsory treatment of drug addiction;
3. Establishment of drug treatment canters;
4. Obligation of organizations and individuals to supply information on drug
abuse;
5. Restrictions and control on prescription of certain drugs which lead to
addiction if abused;
6. Control of production, distribution, prescription, sale and use of sedative,
hypnotic and tranquillizer drugs;
7. Classification of scheduling of drugs according to control measures and
intensity of harmful effects;
8. Different types of punishment for different drug offences according to the
severity of their nature and quantity of drugs involved;
9. Financial investigation of drug crimes;
22
[https://www.government.nl/topics/alcohol/preventing-alcohol-abuse-and-alcoholism last
visited date on 05.01. 2023].
18
10. Freezing and forfeiture of assets of drug traffickers; and
11. Establishment of drug testing laboratory to speed up the trial of drug cases. 23
4.4 Plans and Programs
With financial and technical support from the United Nations Drug Control Program
(UNDCP) the government of Bangladesh undertook a Five Year Master Plan for drug
abuse control in Bangladesh. The plan is divided into three sectors - Law
Enforcement and Legal Assistance, Preventive Education and Information, and
Treatment and Rehabilitation. The implementation of this Master Plan started in
1994. Its major components are: constancy and technical assistance regarding
program development, policy formulation, updating laws and regulations; training
(overseas and domestic) of personnel of government and non-government
organizations; workshops; supply of transport, logistics and equipment; community
intervention programs; and social awareness campaigns.
The government believes that the fight against drug is a multi-disciplinary
task, and it must be accomplished by individuals and organizations from all
concerned fields. The organizations entrusted with drug prevention activities in
Bangladesh are the Department of Narcotics Control (DNC), Police, Customs, BDR
and Coast Guard. The ministries of health and family planning, education,
information, social welfare, and youth and sports are also involved in various aspects
of drug abuse prevention. DNC is primarily responsible for administration and
enforcement of national laws to control psychoactive drugs. Its total manpower is
1,274. It has 34 major offices throughout the country, which includes the headquarter
at Dhaka zonal offices at divisional headquarters, 25 regional offices at major district
headquarters and zonal intelligence offices. DNC headquarters has four major
23
[www.banglapedia.org/httpdocs/HT/D_0286.HTM, last visited on 05.01. 2023].
19
branches of administration and an Intelligence wing. A director supervises each of the
four branches of administration. 24
4.5 International Cooperation
Bangladesh inherited the partnership in the Single Convention on Narcotic Drugs
1961. It became a signatory to the Convention on Psychotropic Substances 1971 and
the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
substances 1988, and signed the SAARC Convention on Narcotic Drugs and
Psychotropic Substances in 1990. Bangladesh celebrates international day against
drug abuse and its illicit trafficking on 26 June nationwide each year through a variety
of programs. Bangladesh entered into a bilateral agreement on technical assistance
with the USA in 1993 for drug abuse prevention and control, and received
communication equipment. The country has been provided with training facilities by
DAP of the Colombo plan Bureau, SAARC, UNESCO, ILO and ESCAP. Bangladesh
has hosted a number of SAARC workshops, seminars and symposium during the last
few years. DNC has a close contact with the regional office of DEA based in New
Delhi. Exchange of information with USA, UK, France, and India is being done
through their Drug Liaison Officers posted at Dhaka. The country sends information
regularly to the INCB at Vienna and the SDOMD at Colombo. It has also entered into
a bilateral agreement with Myanmar for suppression of illicit traffic on drugs. It
signed a Memorandum of Understanding with Iran for drug abuse prevention and
control. Another bilateral agreement for prevention and control of drug abuse with
India is under active consideration by our government.
Training programs for all classes of DNC officials on various aspects of drug
abuse prevention continue both at home and abroad. The overseas training programs
are mainly sponsored by the Colombo Plan Bureau, SAARC, UNDCP, JICA, USLA,
DEA and INM of USA, France and the British Government. Domestic training
24
[www.banglapedia.org/httpdocs/HT/D_0286.HTM, last visited on 07.01. 2023]
20
programs are mainly sponsored and conducted by DNC itself. All officers from the
rank of additional directors down to the rank of inspectors were provided with a
number of basic and specialized training courses on various aspects of drug abuse
prevention and control, covering the whole range of both demand and supply
reduction activities. A core trainer group has also been developed within DNC.
UNDCP's Drug Control Project in Bangladesh is also providing extensive training on
both demand and supply reduction for DNC and other law enforcement agencies.
Special workshops on law enforcement and legal assistance for orientation of judges,
magistrates, and prosecutors are being conducted by DNC and UNDCP throughout
the country.25
4.6 Methods of Prevention and Control
Methods of prevention and control cover a considerable area of both supply and
demand reduction. The major supply reduction activities in Bangladesh are: (a)
Licensing, (b) Monitoring and Inspection, (c) Intelligence and Enforcement, (d) Crop
Eradication and Destruction of Drugs, (e) Investigation, and (f) Prosecution and
Sanctions.
4.6.1 Licensing
Licensing is used in Bangladesh to control the production, processing, export, import,
transport, distribution or sale, use or consumption of alcohol, spirit, alcoholcontaining products, and certain narcotic drugs used for medical purposes. The total
number of different kinds of licenses under the control of DNC is 3,765. Licensing is
an effective method to control and limit drug-supply facilities, their outlets, locations,
types, numbers and activity-hours.26
25
[www.banglapedia.org/httpdocs/HT/D_0286.HTM, last visited on 07.01. 2023]
26
Ibid.
21
4.6.2 Monitoring and Inspection
Monitoring and inspection of the supply system of drugs is done by DNC through its
field offices. Liquor shops are inspected once a month and others once a quarter.
Officials above the rank of inspector can inspect any license whenever desired.27
4.6.3 Intelligence and Enforcement
DNC directly hits the pipeline of drug supply through its intelligence and
enforcement activities. Police, customs authorities, and Bangladesh Rifles are also
directly doing this job. DNC carries out its enforcement activities through its 103
circle offices located throughout the country. Each circle has six-member staffs,
which includes one inspector, one sub-inspector, one assistant sub-inspector and three
sepoys. In spite of its shortage of manpower, scarcity of necessary equipment and
training, DNC detects about 3,000 cases of drug abuse each year and recovers huge
quantities of different kinds of illicit drugs. During the period between 1993 and
2000, law enforcing agencies arrested 16,792 persons and seized 80 kg of heroin,
10.13 tons of cannabis, 210,766 bottles of phensydyl (codeine), 7.5 kg of cocaine,
21,388 ampules of Buprenorphine injection, 44 kg of charash, (THC), 22,388
ampules of pethidine injection, 86,465 litres of ID liquors, and 30, 850 litres of
rectified spirit.28
4.6.4 Crop Eradication, Crop Substitution and Destruction of Drugs
Because Bangladesh produces no narcotics drugs, it has no crop eradication or crop
substitution programs. However, it seizes and destroys the small amount of cannabis
plants cultivated illegally in remote rural areas. Number of cannabis plants eradicated
during the last seven years is about 348,000.29
27
Ibid.
28
Ibid.
29
[www.banglapedia.org/httpdocs/HT/D_0286.HTM. last visited on 08 January 2023].
22
4.6.5 Investigation
DNC and the police are empowered to investigate drug cases in Bangladesh. Officers
above the rank of inspectors are authorized to conduct investigations.30
4.6.6 Prosecution and Sanction
DNC and the police carry out prosecution of drug cases in courts. Police has
inspectors in each magistrate court in Bangladesh. DNC has 12 prosecutors and 37
assistant prosecutors at 25 regional headquarters. Drug cases are tried in general
courts, which are over-burdened because of thousands of pending cases. 31
4.6.7 Demand Reduction
The government of Bangladesh believes that drug abuse prevention programs will not
succeed unless they consists both of supply and demand reduction programs.
Therefore, the government prefers to conduct various demand reduction activities.
The activities so far practiced in Bangladesh are: (a) prevention, (b) education, (c)
price control and taxation, (d) control and restriction on advertisement of drugs, (e)
treatments and (f) rehabilitation.
A major role in demand reduction activities in Bangladesh may be played by
the ministries of information, education, social-welfare, health, youth and sports, and
local government. The drug control activities carried out through various methods of
demand reduction in Bangladesh are as follows:32
4.6.8 Preventive Measure
DNC and its field offices have programs for public awareness campaigns against drug
abuse throughout the country, including organization of rallies, seminars, and
30
ibid
31
ibid
32
[www.Banglapedia.search.com.bd/HT/D_0286.htm, last visited on 10 January 2023]
23
discussion meetings. DNC headquarter publishes Narcotics Control Bulletins and
Special Drug Control Souvenirs regularly. DNC has made an 18-minute short film on
the consequences of drug abuse. A 60-second TV spot against drug abuse has also
been made. DNC is also considering a program for training of imams of Mosques for
preaching anti-drug messages. DNC publishes posters, stickers, booklets and
brochures on the harmful effects of drug abuse. A series of information booklets on
various drugs have also been published under the Master Plan.33
DNC and UNDCP Project office undertook a massive community action
program for drug abuse prevention throughout the country involving non-government
organizations with financial assistance from UNDCP. DNC field officers conduct
public meetings and seminars on various aspects of drug abuse problems. They show
cinema slides containing drug awareness messages in local cinema halls. The Youth
Development Directorate also takes up these sorts of programs for prevention and
public awareness campaigns. Moreover, they hold discussions and debates
occasionally. NGOs and social organizations occasionally take prevention programs
on drug abuse.
The Strategic Plan for Drug Demand Reduction in Bangladesh, prepared under
the Master Plan for Drug Abuse Control in Bangladesh by the Department of
Narcotics Control and UNDCP, mentions as many as 19 specific strategies. The
Master Plan suggests restructuring of DNC to better coordinate drug demand
reduction activities. It proposes to establish community coordination committees,
develop and disseminate a core package of prevention materials, organize training for
community and religious leaders and NGOs, establish a trained cadre of counselors to
deliver preventive counseling at appropriate locations, develop adequate youth
recreation facilities and programs, and initiate a wide range of employment training
programs. The Plan also suggests developing motivation/incentives programs for
private sector and business associations, involving law enforcement officials in
33
ibid
24
preventive education in the community, developing a media policy and making
amendments to the advertising policy through development of the concept of counteradvertising. The Master Plan gives special emphasis on placement of health warnings
on labels/packaging of all tobacco, tobacco products and medicines, establishment of
parents forum and organization of training of parents, infusion of preventive
education into the formal and non-formal education systems, establishment of a
totally drug-free environment in schools, provision of training for educationists, and
development and delivery of work place drug prevention programs.
The five-year strategic plan lays down specific strategies in the treatment and
rehabilitation. Major strategies outlined in the Master Plan are: completion of a
community-based needs assessment; development of a client monitoring system;
dissemination of inter-agency information; improvement of sources of existing
information on drugs; provision for research; monitoring and evaluation; training of
personnel; coordination of treatment and rehabilitation services; provision of social
integration and aftercare services; and development and delivery of community-based
and target-oriented programs. Other strategies are utilization of existing programs and
networks, development of a treatment and rehabilitation model, introduction of
appropriate harm reduction models, delivery of work place and outreach programs,
and emphasis on HIV/AIDS.34
4.6.9 Education
The government introduced drug education in regular school curricula. DNC
prevention teams of Regional Narcotics Control offices visit educational institutions
regularly and provide classroom lectures on the harmful effects of drug abuse. It can
be said that peer network, and school and family environment are important
determinants of adolescent behaviour related to substances/drug abuse and demand
the attention of program designers for preventive health education and behaviour
34
[www.Banglapedia.search.com.bd/HT/D_0286.htm, last visited on 12 January 2023]
25
modification intervention. Balanced fulfil-ling of the adolescents’ knowledge gap,
keeping family in the focus, ‘tobacco-free school’ initiative, strategies to include
working adolescents from the poorer section of the society, innovative use of mass
media and mainstreaming the problem in textbooks, participatory involvement of
adolescents as peer educators, etc. may be some effective components of such an
intervention.35
4.6.10 Price Control and Taxation
Almost all narcotic drugs and psychotropic substances except a very few for
medicinal purposes are restricted in Bangladesh. A taxation system to control and
minimize the use of drugs in the country is only applicable on alcohol. A very high
rate of duty is imposed on any kinds of alcohol and spirit to keep those beyond the
reach of ordinary people. The government controls the import of raw materials and
precursor chemicals used in the manufacture of any narcotic drugs and psychotropic
substances.36
4.6.11 Control and Restriction on Advertising for Drugs
The government does not allow any advertisement for drugs in radio and television,
though this restriction is not applicable to tobacco products.37
4.6.12 Treatment and Detoxification
The Narcotics Control Act 1990 provides provisions for treatment of drug addicts and
establishment of drug treatment canters by the government. The expenditure of drug
addiction treatment is generally borne by the government. This law also provides
provisions for declaring jail hospitals as drug treatment canters. Since 1990, DNC has
35
ibid
36
ibid
37
ibid
26
its own drug treatment centre at Tejgaon in Dhaka. Three other drug treatment canters
have been established in Khulna, Rajshahi and Chittagong. There are also a number
of private clinics and hospitals to treat drug addicts. The law made it obligatory for
physicians and family heads to supply information on drug addiction to law
enforcement agencies.38
4.7 Comparison with Narcotics Controls Act 2018 and the Old Law
The Narcotics Control Bill 2018 has been passed in parliament with a provision of
death sentence or life-term imprisonment as punishment for producing, trading, and
using 200 grams or more of yaba, or more than 25 grams of heroin and cocaine.
Home Minister Asaduzzaman Khan Kamal tabled the bill and it was passed by
voice vote on Saturday, reports UNB, According to the bill, the punishment for
transporting, trading, storing, producing, processing, applying and using 200 grams of
yaba or its principal ingredient amphetamine, would be the death penalty or life-term
imprisonment. In case of less than 200 grams of yaba, the punishment would be a
minimum of one year in jail and a maximum of five years in prison alongside a
fine.Yaba and amphetamines were included in the list of Category A narcotics in the
proposed law, even though it is not in the existing Narcotics Control Act of 1990.39
The stern punishments were proposed in the new law as yaba has spread
across Bangladesh on a massive scale in recent times, government officials said
earlier.The punishment for transporting, trading, storing, producing, processing,
applying and using more than 25 grams of narcotics originating from heroin, cocaine,
and coca, would be the death penalty or life-term imprisonment, while for less than
25 grams Category A narcotics the punishment would be a minimum of two years in
prison, and a maximum of 10 years in jail.
38
ibid
39
The Narcotics Control Act, 2018.
27
According to the bill, the maximum punishment for any individual or
organization financing or patronizing drug dealing would be the death penalty too.If
any individual or organization finances, instigates or patronizes such crimes, they
would face similar punishment as per the law. In addition, yaba, shisha, khat, and
dope tests were also incorporated in the draft bill as the existing Narcotics Control
Act does not address drug testing.The provision of fines was also kept for all the
offences.The existing act was creating serious legal complications as it had no
provision to bring drug traders, patrons, and drug lords, into the legal net.
Officials at the Department of Narcotics Control (DNC) and other law
enforcement agencies earlier said there were some loopholes in the existing law, and
drug dealers were using them to easily secure bail soon after arrest, and getting away.
On October 8, the Cabinet approved the bill in principle. Later, it was placed in
parliament and sent to the concerned parliamentary standing committee on October
22 for further vetting.40
The new draft of the 28-year-old law has been adjusted in line with other
international anti-narcotics laws. In May this year, the government launched a
nationwide anti-narcotic drive that saw arrests of thousands of suspected drug barons
and dealers, and deaths of hundreds in alleged gunfights between criminals and law
enforcement officials during raids.One could be sentenced to death for carrying,
trading, storing or processing yaba weighing over five grams, according to a draft law
approved in principle by the cabinet. Death or life imprisonment could be meted out
if any institution or individual supplies, patronises or invests or colludes in drug
crimes, according to the proposals approved yesterday.
If a person carries, trades, stores, or processes yaba weighing less than five
grams, he or she could be sentenced to five years in jail and fined, said the draft law
placed at the cabinet meeting chaired by Prime Minister Sheikh Hasina at the Prime
Minister's Office.
40
[<https://dnc.gov.bd.> accessed on 14 January 2023].
28
About 50 of the methamphetamine pills weigh five grams, according to
officials of the Department of Narcotics Control.Briefing reporters after the meeting,
Cabinet Secretary ShafiulAlam said the Narcotics Control Act was formulated in
1990 and it was being updated after 28 years in line with UN conventions on drug
trafficking and narcotics control, of which Bangladesh is a signatory.41
Shafiul said there was no mention of yaba or shisha in Narcotics Control Act
and those have been included in the draft. The draft law also introduces a provision
for “dope tests” of suspects, the cabinet secretary said. If anybody is found positive in
a “dope test” for banned substances, the person could face five to 15 years in jail.
There is also a provision that allows law enforcers to arrest everyone involved
from the production to the final destination of drugs for conducting their
investigation.
All narcotic substances in the world has been included in the proposed law, he
claimed, adding that the government could include more in future with gazette
notifications.
The cabinet secretary said those who carry, trade, store, produce or process narcotics
would be considered the offenders.
4.8 Loopholes of Narcotics Control Act 2018
The newly amended law in the Narcotics Control Act 2018 imposes the death penalty
or life term imprisonment on drug traders, restricting their release from punishment
for such crimes. Home Minister Asaduzzaman Khan said drug traders used to get
released from jail taking advantage of loopholes in the previous law. The amended
law contains no such loopholes. He said this at a workshop on the review of different
aspects for enforcing the amended Narcotics Control Act 2018, at the Department of
Narcotics Control (DNC) in Segunbagicha of Dhaka on Thursday, reports UNB.
"We've already achieved enough success in preventing militancy and terrorism. We'll
41
Shamsul Islam, “The Daily Star”, The Narcotics Control Act 2018.
29
surely succeed in controlling drugs, Inshallah," the home minister said. On October
27, the Narcotics Control Bill was passed in Parliament with a provision of either
death sentence or life-term imprisonment as punishment for producing, trading, and
using 200 grams or more of yaba, or more than 25 grams of heroin and cocaine.
According to the new law, the punishment for transporting, trading, storing,
producing, processing, applying, and using 200 grams of yaba, or its principal
ingredient amphetamine, is death penalty or life-term imprisonment. Yaba and
amphetamines were included in the list of Category A narcotics in the new law, even
though they are not there in the existing Narcotics Control Act of 1990. The new law
will come into effect on December 27. The home minister said they formulated the
new law bringing necessary amendments to the Narcotics Control Act 1990. All
departments concerned, including law enforcement agencies and the DNC, can work
jointly from December 27 as per the new law. Describing young people as the
country's assets, he said drugs stand in the way of millions of young educated youths
to change the country. "This youth society loses their ability to work, service attitude,
and creativity, due to drug addiction and they become a burden for the nation in the
process." He said godfathers of yaba peddling will be punished under the Money
Laundering Act while the DNC can take action under the new law, in case any new
drug emerges. Security Services Division Secretary under the Home Ministry, Farid
Uddin Ahmed Chowdhury, and DNC Director General, Md Jamal Uddin Ahmed, also
addressed the program.42
4.9 Loopholes of Narcotics Control Act 1990
The Narcotics Control Act of 1990 needs preventive strategy to control over a
considerable area of both supply and demand reduction of drugs. The major supply
reduction activities in Bangladesh may be prevented by Licensing, Monitoring and
42
[https://www.dhakatribune.com/bangladesh/2018/12/21/revised-narcotics-control-law-getstough-with-drug-traders, last visited date on 14 January 2023].
30
Inspection, Intelligence and Enforcement, Crop Eradication and Destruction of Drugs,
Investigation, and Prosecution and Sanctions. Licensing should be used in
Bangladesh to control the production, processing, export, import, transport,
distribution or sale, use or consumption of alcohol, spirit, alcohol-containing
products, and certain narcotic drugs used for medical purposes. It should be more
strict to control and limit drug-supply facilities. Monitoring and inspection of the
supply system of drugs need to be more regular and transparent without any
corruption. Intelligence and enforcement agency should be more concern directly
engaged in the pipeline of drug supply through its intelligence and enforcement
activities. There should have system of Crop eradication, crop substitution and
destruction of drugs Because Bangladesh produces no narcotics drugs, it has no crop
eradication or crop substitution programmes. However, it seizes and destroys the
small amount of cannabis plants cultivated illegally in remote rural areas.
Prosecution and sanction need to be carried out prosecution of drug cases in
courts. There should have a special court to deal with drug and drug related offences
for speedy disposal. Demand reduction is another aspect of preventive strategy. The
drug abuse prevention programmes will not succeed unless they consists both of
supply and demand reduction programmes. Therefore, the government needs to
conduct various demand reduction activities. A major role in demand reduction
activities in Bangladesh may be played by the ministries of information, education,
social-welfare, health, youth and sports, and local government. The drug control
activities carried out through various methods of demand reduction in Bangladesh
may be by- programmes for public awareness campaigns against drug abuse
throughout the country, including organization of rallies, seminars, and discussion
meetings. The government may introduce drug education in regular school curricula.
Control and restriction on advertising for drugs may be effective means to prevent
wide spread of drug.43
43
Drug traffickers linked to Myanmar, India". The Daily Star. 4 March 2017. Retrieved 20
April 2017.
31
Chapter 5
PROGRAM TO PREVENT ALCOHOLISM AND DRUG ABUSE
5.1 Drug and Alcohol Abuse Prevention Program
The abuse of narcotics drugs has increased manifold in Bangladesh including its
production and involvement of terrorists groups with this trade. Due to the location of
Bangladesh in between the golden triangle and golden crescent, trafficking of illicit
drugs and psychotropic substances getting increased by taking the advantage of weak
law enforcing agencies or their indirect collaboration with the trade. Besides, heroin,
cocaine and dangerous precursors and chemicals are also getting routes of trafficking
through Bangladesh territory, produced in Afghanistan or Pakistan and even products
of South and Central America are getting routes in Bangladesh. Such transnational
crime is conducted by organised crime groups and getting stronger gradually. This is
the reason for which the United Nations Office on Drugs and Crime (UNODC) has
emphasised for a political declaration and plan of actions on international cooperation
towards an integrated and balanced strategy to counter such serious drug problems.
According to UNODC, about 200 Million people are using illicit drugs such as
cocaine, cannabis, hallucinogens, opiates and seductive hypnotics. Considering all
these threats and possible public health disasters, on December 7, 1987, the United
Nations General Assembly Special Session decided to observe June 26 every year as
the ‘International Day against Drug Abuse and Illicit Trafficking’. Since 1988, it is
observed everywhere including Bangladesh especially after the establishment of
Narcotics Control Department in Bangladesh on January 2, 1990 to raise awareness
against drug abuse and about dangers of illicit drug.
32
There should be massive motivational campaign about bad effects of drug
abuse. All guardians and parents, teachers and nearest relatives must keep constant
vigilance so that a youth cannot be derailed with the influence of bad companions.
Preventive education, treatment and rehabilitation are priority issues to make a
country drug abuse free. These are reasons for which government is firm to create a
strong public opinion against the drug abuse and reconstituted the National Narcotics
Control Board with this vision. There should be some changes in the rules governing
the drug use, production and distribution. The following quick actions are also
suggested.

Recreational facilities and diversion programmes to be encouraged that
prevent vulnerable populations from becoming substance dependents.

Development and implementation of multi-disciplinary and multi-modal
protocols and practices for integrated diagnosis and treatment of substance
dependence and co-occurring disorders and for funding such diagnosis and
treatment.

Harmonisation and enforcement of laws and policies to facilitate effective
governance of the alcohol and drug supply chain.

Avoid torture to addicts which is unacceptable. Torture is also a crime and
makes a person vindictive.44
44
https://www.thedailystar.net/health/health-alert/control-drug-abuse-must-1515874, last visited
date on 15 January 2023].
33
Chapter 6
RECOMMENDATIONS AND CONCLUSION
6.1 Recommendations
It has been witnessed that through implementing strict law and through extrajudicial
killings of drug abusers, Bangladesh has not achieved apical success in drug demand
reduction. Though the new law seeks to punish any individual or organisation
financing or patronising drug dealing with death penalty, apart from the legal
initiatives, still there are many issues untouched by the government which should be
included within the master plan of prevention of substance abuse in Bangladesh.
6.1.1 Adopting a Holistic Approach
The consumption of illegal drugs, and the associated prevention strategy, should not
be considered in isolation of larger social issues, since it is intricately linked to other
social problems. For an example, a noteworthy extent of the young populace in
Bangladesh is influenced by chronic drug use, likewise being engaged with any gang
culture is known to incredibly expand the likelihood of drug addiction. Therefore, a
uniform approach needs to be taken by combining different strategies which would
focus on demand, supply and harm reduction factors. On the demand side of the
framework, substance abuse is addressed through poverty reduction strategies,
initiating education and communication, fostering socio-economic security and
development
and
advancing anti-substance
abuse social programmes
and
participation. On the supply side, the key areas are concerned with controlling
manufacturing, sale, marketing and distribution of harmful substances. It includes law
enforcement and punishment against harmful substance abuses and supplies. Harm
34
reduction is about providing treatment, care and reintegration of abusers or
dependents on illegal drugs. It has to be noted that the issue of substance abuse in
many countries has been considered as public health issue which is more likely to
contribute to prevent drugs abuse. The new law of 2018 in Bangladesh gives
discretion to the courts dealing with drugs offence to offer rehabilitation to a person
addicted to drug (if the court is satisfied that he has not been involved with any other
offence related with drugs); however, in practice, this provision is not implemented
properly.
6.1.2 Identifying the High Profile Drug Traders and Keeping them under
Surveillance
It has been evident that most of the persons arrested and killed throughout war against
drugs are low profile suppliers and influential drug mafias have remained unscathed.
The groups involved transcend borders with godfathers having their networks even in
neighbouring countries and it is estimated that they make a net profit of more than TK
10 million in a week. Many media reports project that political leaders, officials of the
drugs control directorate, members of the law enforcement, professional criminals
and others are involved in this racket. The ruling government as well must be very
proactive to cleanse individuals of their own party to get a hold of the yaba dealers as
it has been witnessed that the 2014 list prepared by the Department of Narcotic
Control includes the names of 87 leaders of the ruling party and its front
organizations who back the yaba traders in Dhaka. Without prosecuting the yaba
high-up traders and dealers, it would not be possible to prevent substance abuse in
Bangladesh. Executing evidenced-based prevention programs: school, family and
community involvement. In Bangladesh different awareness programs are often
organised by the Department of Narcotics Control through electronic and print media;
however there has been very limited initiative taken in school, family and community
settings. In pursuit of safeguarding drug abuse prevention strategy, the programs
implemented in the strategy must be evidence-based, preferably inspired by works
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which have taken place in similar socio-cultural settings to find closer rates of
success. The prevention programmes of drug use must include four types of
approaches in a broad sense: awareness-raising campaigns, interventions in schools,
programs with families, and community-based interventions. There should be a
master plan focusing on different types of interventions in institutional settings
specially providing information to potential users about the risks associated with drug
use, reinforcing the skills that can make it possible to resist the social pressure
associated with drug use, correcting the false impression that using drugs is the norm
for young people.
6.1.3 Drug Decriminalization
Drug decriminalization is the process for reduced control and penalties compared to
existing drug laws. Proponents of drug decriminalization usually support the use of
fines or other punishments to replace prison terms.This approach often proposes
systems whereby illegal drug users who are caught would be fined, but would not
receive a permanent criminal record as a result. A central feature of drug
decriminalization is the concept of harm reduction. Decriminalization supports a
structure that would ensure healthcare and rehabilitation for the addicted if the person
is not guilty of any serious crime.According to the Decriminalization of Drug Use and
Possession in Australia- a briefing note published by the National Drug and Alcohol
Research centre of the University of New South Wales - decriminalization does not
necessarily mean legalization, but rather removes criminal penalties for use or
possession either by law (de jure) or by practice (de facto).
6.2 Conclusion
Bangladesh is not a drug producing country but due to the transit facilities and
neighboring countries adherence to spread out of narcotics, it is increasing the
availability of narcotics throughout the countries. Bangladesh’s zero tolerance
campaign against narcotics has stirred up a lot controversy around the abuse of power
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by the police, the RAB, and the government. Social media is buzzing with
condemnation of alleged entrapments and killings of political and business rivals of
the powerful. Writers and critics have also expressed concern over the hypocritical
nature of the campaign, claiming that it is sparing the politically influential and
cracking down on the powerless. While most of these critiques hold merit, they still
miss a very central problem of the war on drugs: Even when it’s done correctly, it
doesn’t work.
The war on drugs model was copied by various Asian countries with similar
results. In the Philippines alone, more than 12,000 people accused of using or dealing
drugs have been killed over the last two years. Thailand has killed 2,800 people since
2003, Singapore had killed 408 people between 1991 and 2000, and Malaysia has
killed 479 people since 1996. However, evidence suggests that these state executions
didn’t deter drug use or crimes anywhere. The prime example of this is Indonesia,
where the number of addicts increased from 3.6 million in 2011 to 5.9 million in 2015
according to the government itself. There is mounting evidence that executions have
failed as an anti-drug strategy and many Asian governments have begun to retreat
from them. But just when countries around the world have realized that the war on
drugs is an ineffective policy, why did the Bangladesh government decide to pick it
up.It is hard for me to believe that the government doesn’t have anyone in its erudite
advisory group. What I presume is that the party has still decided to go forward with
this plan because of the short-term political benefits rather than long time social
benefits.
If we take a deeper look at the news reports of the deaths by crossfire, especially
at the deaths that are represented by numbers and not names, a prominent trend
emerges. Slums, borderlands, refugee camps, and remote villages pop up again and
again as the spots of these shootouts and the victims seem to belong to the same
social strata of our society: The lowest one. Most of them don’t get access to any
health care, education, or infrastructure. Many are environmental migrants who have
lost everything to river erosion, many have been victims of ethnic cleansing who have
37
had to forsake their homeland, many are doubly stateless who have been denied
structures of citizenship by both Bangladesh and Pakistan. Many of them are legally
barred from entering honest trades in the country and most of them are structurally
barred from a life of solvency. To most of them, the only way to break out of their
poverty is to operate outside of the law. Therefore, killing a bunch of them would not
necessarily stop the others from joining the trade, because there is an endless supply
of structurally deprived humans in Bangladesh who are ready to meet the needs of
those who are dependent on drugs. So long as drugs are demanded and the state fails
to exist for the stateless, the supply of desperate drug traffickers would never deplete.
I say this not to mean that the crimes these people commit should go unpunished. I
say this with the hope that those in our country who believe that these drug dealers
don’t deserve to be treated humanely would see the human story of those who live in
inhumane conditions and understand how they resort to illegal activities to get access
to basic amenities, like clean running water, three hot meals a day, and a house that
wouldn’t flood during the monsoon, that most of us take for granted. These people
deserve their day in court and the court should decide whether or not some exceptions
to the law may be applied based on the circumstances of the criminal. After all, that is
why we have a judicial branch outside of the legislative and executive. Also, skipping
the judiciary and directly implementing the laws through the executive’s strong arm
doesn’t simply deny justice for the accused it also erodes the rule of law in the
republic. State executions, even when they are inflicted upon nameless humans who
allegedly operate outside of the law, are ineffective, inhumane, unlawful, and unjust.
Killing the structurally deprived without addressing the unjust structures that force
them into crime would not win us the war on drugs it would only cleanse the market
of the few slumlords who had risen to solvency through the trade of drugs and hand
an oligopoly market to the politically influential. If the government is really willing to
solve the drug crisis, it has to invest in infrastructure, education, and public health so
that those who are addicted can be cured, and those who are involved can switch to
better trades. These measures may not be as flashy as the death counts for the
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purposes of election manifestos, but they are the only way to eventually improve the
conditions of our drug epidemic.
However, this is a hope for us that till now any government does not take any
initiative to control the narcotics use throughout the country. For the announcement
of war against narcotics will be more or less effective as we are the nation who are
not obeying the rules without punitive action.
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REFERENCES
Books
1. Ahmed Siddique, Criminology: Problems and Perspective, 5th ed. (Lucknow:
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2. P. Kundram & V.N. Murty, “ drug Abuse And Crime : A Preliminary Study”
(1979) 7 Indian Jour Crime 65-68.
3. N.V. Paranjape, Criminology and Penology, 14th ed. (Allahbad: Central Law
Publication, 2009), p.191.
4. Ahmed Siddique, Criminology: Problems and Perspective, 4th ed. (Lucknow:
Eastern Book Company. 2001).
5. N.V. Paranjape, Criminology and Penology, 14th ed. (Allahbad: Central Law
Publication, 2009).
6. Jeorge Caltin E.G.: Alcoholism In the Encyclopedia of Social Science (1930).
7. N.V. Paranjape, Criminology and Penology, 14th ed. (Allahbad: Central Law
Publication, 2009).
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