ISSUE OF SMUGGLING IN INDIA

Smuggling in India, as defined by the Customs Act, 1962, involves illicit movement of goods evading customs laws. The Directorate of Revenue Intelligence (DRI) tackles smuggling of items like gold, drugs, and currency using advanced techniques. Key challenges include porous borders, transnational syndicates, and maritime routes. Solutions include better technology, coordination, and zero-tolerance policies.

Last Updated on 9th December, 2024
8 minutes, 1 second

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Context:

The new ‘Smuggling in India’ report highlighted inventive methods of smuggling and maps key geographic routes.

Definition of Smuggling:

The World Customs Organization (WCO) has defined smuggling as, “Customs offence consisting in the movement of goods across a Customs frontier in any clandestine manner, thereby evading Customs control.”

In the Indian context, the Customs Act, 1962 has provided for an inclusive definition of the term smuggling. Smuggling has been defined as “any act or omission which will render such goods liable for confiscation under Sections 111 or 113 of the said Act”.

The provisions of the Customs Act, 1962 provide for confiscation of goods in the following conditions,

  1. a) imported/exported illegally or without following proper procedure as laid down,
  2. b) attempted to import/export illegally,
  3. c) goods that are misdeclared
  4. d) goods that are brought into the country in concealment
  5. e) goods that are prohibited under various laws
  6. f) goods used to conceal smuggled goods;
  7. g) conveyances used for the carriage of smuggled goods;
  8. h) sale proceeds of smuggled goods;
  9. i) goods that are attempted to be exported/imported in contravention of any law.

What is a Cocaine?

According to the Directorate of Revenue Intelligence (DRI), Cocaine is a drug derived from the leaves of the coca plant native to western South America. In recent years, air travel has emerged as a preferred route to smuggle cocaine from South American countries into India.

It made 47 cocaine seizures worth Rs 975 crore in FY24, more than double the number recorded in the previous financial year. The quantity of seized cocaine smuggled into India, primarily through airports, increased by 9 percent to 107 kg.

The modus operandi for cocaine smuggling into India follows three patterns – a foreign national travelling by air with cocaine concealed in their bodies, an Indian “mule” travelling to and from Africa, or courier consignments.

Directorate of Revenue Intelligence (DRI)

It is an Indian intelligence agency. It is India's apex anti-smuggling intelligence, investigations and operations agency. The Directorate is run by officers from the Central Board of Indirect Taxes and Customs (CBIC) who are posted in its various Zonal Units as well as in Indian embassies abroad as part of the Customs Overseas Intelligence Network.

It is headed by a Director General of the rank of Special Secretary to the Government of India.

The Agency works to secure India's national and economic security by preventing the outright smuggling of contraband such as firearms, gold, narcotics, fake Indian Currency notes, antiques, wildlife and environmental products.

Functions: DRI is the major intelligence agency which enforces the prohibition of the smuggling of items including drugs, gold, diamonds, electronics, foreign currency, and counterfeit Indian currency.

The landscape of smuggling in India:

India has been plagued by the scourge of smuggling for a very long time. A huge populace, porous borders, insufficient enforcement apparatus, and a perceived lack of coordination among different agencies have led to multiple instances of apprehension of attempts of smuggling. Gold, Drugs, electronic goods, and foreign currency remain the main items smuggled. The Directorate of Revenue Intelligence is the premier intelligence agency responsible for counter-smuggling operations.

Challenges in Controlling Smuggling:

  • Transnational Organized Crime: Smuggling involves transnational organized crime syndicates with intricate networks spanning multiple countries. The DRI reported a significant increase in drug seizures in FY24, with cocaine seizures more than doubling from the previous year and cocaine smuggling rising by 9%.
  • Lack of International Cooperation: Effective coordination between countries is essential to combat smuggling, but differing priorities and legal frameworks can hinder cooperation.
  • Sophisticated Techniques: Smugglers employ increasingly sophisticated techniques, such as using drones, dark web marketplaces, and encrypted communication to evade detection. E.g., employing "mules" and using international departure gates
  • Adaptability: Smuggling networks are highly adaptable and can quickly adjust their methods to circumvent border controls and law enforcement efforts. DRI officials seized Rs 13.8 crore in foreign currencyduring the first half of FY25.
  • Land Borders: Long and porous land borders, especially in regions with difficult terrain, make it challenging to monitor and control smuggling activities.
  • Maritime Routes: Vast maritime zones and the increasing use of sea routes for smuggling pose significant challenges. The first half of FY25 saw a 19% rise in contraband cigarette seizures
  • Poverty and Unemployment: Economic disparities and poverty can drive people to engage in smuggling activities as a means of livelihood.
  • Lack of Opportunities: Limited economic opportunities, particularly in developing countries, can contribute to the growth of smuggling networks.

Way forward:

  • Countering internal demand: constitute an institution that specializes in this task with a specific mandate of regulating market demands for smuggled goods.
  • Technological upgradation: X-ray machines, container scanners, dual-use goods detectors (like nuclear material detectors), etc. should be deployed at busy ports and airports.
  • Specialization in border control: Capacity enhancement in the border areas is imperative for more effective enforcement. A two-pronged approach of coordination with area experts like drug experts, wildlife experts, archaeology experts, etc. with Customs along with domain expertise among border officers would go a long way in effective interdiction.
  • Increasing the capacity of ports to handle bigger and bulkier consignments with a reduced turnaround time.
  • Coordination among agencies to break the backbone of syndicates: The government should groom specialists to aid border agencies who are also deployed at major ports.
  • Zero tolerance policy: There should be a zero-tolerance policy for offenses related to certain goods which are extremely harmful from the point of view of national or social security-like arms and ammunition, drugs, nuclear materials, etc.

Source:

INDIAN EXPRESS

EACPM.GOV

PRACTICE QUESTION

Q.Discuss the impact of smuggling on India's economy, security, and society. Analyze the challenges faced by law enforcement agencies in curbing smuggling activities and suggest policy measures to effectively tackle this issue. (150 words)

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