1[50A. Power to undertake controlled delivery.– The Director General of Narcotics Control Bureau constituted under sub-section (3) of section 4 or any other officer authorised by him in this behalf, may, notwithstanding anything contained in this Act, undertake controlled delivery of any consignment to–
(a) any destination in India;
(b) a foreign country, in consultation with the competent authority of such foreign country to which such consignment is destined, in such manner as may be prescribed.]
1. Ins. by Act 9 of 2001, s. 23 (w.e.f. 2-10-2001).
Simplified Explanation
Section 50A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) empowers the Director General of Narcotics Control Bureau (NCB) or an officer authorized by them to undertake a controlled delivery of any consignment suspected to involve narcotic drugs, psychotropic substances, or controlled substances.
Key Points of Section 50A
- Controlled Delivery in India:
- The Director General of the Narcotics Control Bureau (NCB), or any officer authorized by them, has the power to undertake controlled delivery of any consignment to any destination within India.
- A controlled delivery refers to a law enforcement strategy where authorities allow the illegal goods (such as narcotics) to continue their transit to a certain destination, in order to gather further intelligence, identify criminal networks, or apprehend offenders involved in the trafficking.
- Controlled Delivery to a Foreign Country:
- The Director General of NCB or the authorized officer can also undertake controlled delivery to a foreign country, but only after consulting with the competent authority of the foreign country where the consignment is destined.
- This is done in coordination with foreign law enforcement agencies, ensuring that both domestic and international drug trafficking efforts are aligned and effective.
- Prescribed Manner:
- The controlled delivery must be carried out in a manner prescribed by the relevant authorities, ensuring that it is done in accordance with established protocols to avoid any potential legal challenges and to safeguard the integrity of the operation.
Summary of Section 50A
Section 50A provides a legal framework for the controlled delivery of narcotic consignments both within India and to foreign countries, allowing authorities to monitor and intercept drug trafficking activities more effectively. The key features are:
- The power is vested in the Director General of the Narcotics Control Bureau (NCB) or an officer authorized by him.
- Controlled delivery can occur within India or to a foreign destination.
- For international controlled deliveries, consultation with the foreign country’s competent authority is required.
- The controlled delivery must be conducted as per the prescribed manner and guidelines.
This section strengthens international cooperation and enhances the ability of law enforcement to track and dismantle drug trafficking operations.
