116TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS

CRIME IN

Sanjiv Kumar Upadhyay *

I. IN INDIA serial bomb blasts in in which 257 persons died and 713 were maimed. Public A. General and private property worth several millions There were 61.8 million criminal cases of rupees was destroyed. Investigation reported in 1998 with a rate of 6366 per revealed transnational character of the million population. 77.8% of cases conspiracy the objective of which was to investigated were chargesheeted in a court cripple the economy, create communal of law. There were 5.7 million cases divide and spread terror in the commercial pending in courts of which trail was capital of India. , Tiger completed in 15.8% of cases and of these, Memon and Mohammed Dosa are 37.4% cases ended in conviction. There are operating from . Their field of 41.6 police personnel per sq. kilometers and activity is to extort money from builders 1360 per million population. 634 police and film producers, mediate in monetary personnel were killed on duty during 1998. disputes, and undertake contract (Supari) killings. There have been instances of B. investment of the dirty money in business In India, organized crime is at its worst with the result that unsuspecting in the commercial capital of India, the city businessmen have fallen prey to the Mafia of Mumbai. The first well-known organized warfare. The killings of Thaquiuddin gang to emerge was that of Varadharaj Wahid of East West Airlines in 1996, Sunil Mudaliar in the early sixties. His illegal Khatau of Khatau Mills in 1994, Om activities included illicit liquor, gold Prakash Kukreja of Kukreja Builders in smuggling, gambling, and 1995 and Ramnath Payyade, a prominent contract . Three other gangs hotelier in 1995 are grim reminders of emerged shortly thereafter namely, Haji Mafia in Mumbai. Mastan, Yusuf Patel and Karim Lala. and Yusuf Patel resorted to gold The other gangs of Mumbai indulging smuggling whereas Karim Lala operated in organized crime are those of Chhota in drugs. During Emergency in 1975 when Rajan (Drug Trafficking and Contract there was crackdown on the Mafia, new Killings), (Contract Killings gangs emerged. Dawood Ibrahim, the most and Protection Money), Late Amar Naik successful, came in conflict with the Pathan (Protection Money) and . gangs of Alamzeb and Amirzada which led State of has enacted to bitter internecine gang warfare. The Maharashtra Control of Organized Crime Pathan gangs were liquidated to leave the Act, 1999.Other forms of organized crime field free for Dawood Ibrahim. In 1985, in India are kidnappings for ransom, gun- there was increased police pressure which running, illicit trafficking in women and made Dawood Ibrahim to flee. In March children, money laundering etc. 1993, Dawood Ibrahim was behind the

* Joint Director, Anti-Corruption Headquarters, Central Bureau of Investigation, India

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Organized crime exists in other cities in three states namely Uttar Pradesh, too, though not to the same extent as in Rajasthan and . It is Mumbai. Ahmedabad city has been the exported to foreign countries for medicinal hotbed of liquor mafia because of purposes. Indian opium is considered best Prohibition policy (Banning of liquor). The in world. Turkey & Australia are the other Mafia became synonymous with the name licit opium growing countries in the world. of Latif who started in mid seventies as a A part of the licit opium enters the illicit small time bootlegger and grew up to set market in different forms. Besides, there up a 200 strong gang after eliminating is illicit cultivation of opium in the hill rivals with intimidation, extortion, tracks of some states. There is a kidnappings and murders. He won moderately sized chemical industry municipal elections from five different producing precursor materials for lawful constituencies with strong political purposes. The illicit cultivation of opium patronage. He was killed by police in an as well as the precursor chemicals can be encounter in 1997. used for manufacture of heroin. However, there is a great price differential between There are several gangs operating in India and the West. A Kilogram of Heroin Delhi from neighbouring State of Uttar that goes for a hundred thousand Rupees Pradesh indulging in kidnapping for in India may fetch Rupees ten million in ransom. The going rate was around Rupees the international market. Illicit drug trade 10-50 millions. Land Mafia has political in India has centered around five major connections and indulges in land grabbing, substances, namely heroin, hashish, intimidation, forcible vacation etc. Of late, opium, herbal cannabis and methaqualone. the ganglords of Mumbai have started The Indo-Pak border has traditionally been using Delhi as a place for hiding and most vulnerable to drug trafficking. Drugs transit. group is trafficking through India consists of strengthening its base in Delhi. Hashish and Heroin from , Hashish from , White Heroin from Boom in construction activities in Myanmar and Heroin from Bangladesh. In Bangalore city has provided fertile the early eighties, the Border State of breeding for the underworld. Builders are Punjab became affected with used for laundering black money. Forcible narcoterrorism with the smuggling of vacation of old disputed buildings is a narcotic drugs and arms from across the popular side business for the underworld. border. This was also the time when drug The local gangsters in the State of Mafia emerged in Golden Crescent Karnataka have connections with the countries. There were a number of seizures underworld of Mumbai. One of the of a mixed consignment of narcotic drugs Mumbai gang operating here is the Chhota and arms in Punjab. In 1996, 64 % of the Rajan gang. heroin seized was from the Golden Crescent. Although opium production is II. ILLICIT DRUG TRAFFICKING strictly under Goverment control in India, illicit poppy plantations have been reported India is geographically situated between in some places. the countries of Golden Triangle and Golden Crescent and is a transit point for Drug addiction in India has not assumed narcotic drugs produced in these regions such a serious magnitude as in some of the to the West. In India opium is grown under western countries, but there are no grounds official control of Narcotics Commissioner for complacency. There have been reports

198 116TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS of drug use among the students of central agency for dealing with cases of universities in Delhi, Mumbai, Calcutta drug trafficking. It has registered 11330 and Chandigarh. The society does not cases in 1998 of which 5809 cases were for agitate too much with consumption of Ganja, 2713 were for Heroin and 1771 cases Bhang, crushed leaves of the cannabis were for Hashish. 62591 kgs of Ganja, 8478 plant. It is customary in some places to kgs of Hashish and 597 kgs of Heroin were consume Bhang on the popular festival of seized. During 1998, 12601 persons were Holi. There is no such tolerance for charas arrested by Narcotics Control Bureau, or ganja which are derived from the same which included 95 foreigners. 11612 cannabis plant. persons were prosecuted in a court of law, 2782 persons were convicted and 5712 The Narcotic Drugs and Psychotropic persons were acquitted. 16.9 % of drug Substances Act, 1985 deals with the cases pending in trial were disposed by the offences of Drug trafficking. Section 21 is courts during 1998. Property worth Rupees the penal provision which stipulates that 23.85 million was forfeited and worth whoever manufactures, possesses, sells, Rupees 30.64 million was frozen. In a purchases, transports, imports inter-state, recent case, the Government of Orissa exports inter-state or uses any (State Government) confiscated property manufactured drug shall be punishable worth over Rupees thirty million of drug with Rigorous Imprisonment for a term lord Mohammed Azad Parvez of Balasore, which shall not be less than ten years but Orissa which included an ice factory, a saw which may extend to twenty years and mill, a market complex, a cloth store, three shall also be liable to fine. In repeat residential buildings and three acres of offences, there is provision for death land. The accused was apprehended by penalty too. Narcotics Control Bureau in 1998 on charge of heroin trafficking alongwith his The Prevention of Illicit Traffic in wife and associates. Financial Narcotic Drugs and Psychotropic investigation was conducted by the agency Substances Act, 1988 provides for detention into the movable and immovable properties of persons connected with illicit drug under Chapter V-A of the NDPS Act, which trafficking upto two years. An officer of led to confiscation. the rank of Joint Secretary to the Government, specially empowered under India is signatory to three UN the Act, can issue orders for detention of Conventions on Narcotics Drugs and the any person (including a foreigner) with Psychotropic Substances held in 1961, 1971 a view to preventing him from engaging in and 1988. India is a party to the United illicit traffic of narcotic drugs and Nations Convention against Illicit Traffic psychotropic substances. On an average in Narcotic Drugs and Psychotropic about 50 persons are detained under the Substances Act, 1988. Government of India Act every year. has entered into bilateral agreement and Memorandum of Understanding with a There were 18273 cases registered under number of countries. The countries with the NDPS Act in 1998 which was an which India has signed bilateral agreement increase of 31.8 % over 1988, but a decrease for drug control are USA, UK, , of 4.2 % over the quinquennial average of Mauritius, Russian Federation, Myanmar, 1993-1997. 21386 persons were arrested Zambia, UAE, Iran, Egypt, Bulgaria, under the NDPS Act of which major work Romania, Mauritius. India has also signed was done by Narcotics Control Bureau, a a special bilateral agreement with

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Pakistan in this regard. Delhi Police caught five fugitive members of the Chhota Rajan gang III. ILLEGAL FIREARMS including an Assam Rifles jawan and two TRAFFICKING Nepali nationals who were planning to set up a major arms and money distribution Small arms used in guerilla warfare in base in Delhi. some parts of the world are now available at cheap cost in other parts of the world. In 1993, a consignment of AK-56 rifles, According to an estimate, there could be magazines, live rounds and hand grenades 750 million small weapons for such arms were sent from a Gulf country to land at trafficking. India has a long coastline of the coast of Dighi Jetti in the State of about 7500 kms. and a long border with . Subsequently huge quantity of Pakistan, Nepal, Bhutan, China, Myanmar arms, ammunition and explosives (RDX) and Bangladesh. Border Security Force were smuggled by sea route at Shekhadi guards the borders, but it is not possible to in District Raigad. These were used for have presence across each and every inch Bomb blasts in Mumbai on 12th March of the border. Customs Department has 1993, which caused terror, widespread also seized illicit arms in significant damage, and loss of 257 lives and maiming quantities. of 713 persons. During investigation, some of the arms recovered included 62 AK-56 In India, states of Punjab and Jammu rifles with 280 magazines and 38,888 & Kashmir have been particularly rounds, 479 hand grenades, 12 pistols of 9 vulnerable to arms trafficking across the mm make with ammunition, 1100 electric border. More than 7500 pistols and detonators, 2313 kgs. of RDX and many revolvers, 2500 magazines and 28000 other weapons. In the state of Madhya rounds of ammunition have been seized Pradesh in central India, 24 AK-56 rifles, from the state of Jammu and Kashmir. 5250 cartridges, 81 magazines and 27 hand During 1997, the Border Security Force grenades were recovered by police on 4th seized several AK series rifles, 7 heavy November 1995. machine guns, 204 pistols/revolvers, 18 rocket launchers, 54 other type of rifles and Hijacking of an Indian Airlines flight on ammunition from Punjab and Jammu & the 24th December 1999 in Kandahar was Kashmir. the latest incident of the use of illegal weapons in the hands of terrorists. After On 17th February 1996, Delhi police investigation, the CBI filed a chargesheet recovered 361 pistols of 0.30 caliber with in the court of law against five hijackers the inscription “Made in China by Norinco”, and their accomplices. 728 magazines and 3738 live rounds in a cavity in the undercarriage of a caravan A sensational case called Purulia arms bus. A Swiss national and an Iranian living drop case was an example of illicit arms in Pakistan since 1981 were detained. trafficking by air. On 17th December 1996, Investigation disclosed that this infact was an Antonov 26 aircraft dropped over 300 the second consignment, the first one AK 47/56 rifles and 20,545 rounds of having been successfully transported in ammunition, dragnov sniper weapons, 1995. 22 persons including five foreign rocket launchers and night vision devices nationals have been prosecuted in the court in Purulia village in West Bengal. The of law in this case. aircraft was bought from Latvia for US$2 million and chartered by a Hong Kong

200 116TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS registered company Carol Airlines. could be less than 18 years of age. 15% of Payments were made mostly from foreign the sex workers are in the six metropolitan bank accounts. The aircraft picked up cities of Mumbai, Calcutta, Delhi, Chennai, consignment of arms from Bulgaria using Bangalore and Hyderabad. Delhi receives end-users certificate issued by a sex workers from 70 districts, Mumbai from neighbouring country. The arms were 40, Bangalore from 10 and Calcutta from airdropped over Purulia in the state of West 11 districts. Some sex workers have also Bengal. come from Nepal and Bangladesh. Mumbai and Goa have had incidence of This case was investigated by the paedophilic offences too. These places draw Central Bureau of Investigation and a number of foreign tourists. Fear of AIDS chargesheeted in the City Sessions Court, has contributed to the involvement of Calcutta. After trial, the court found the minor girls in the business because demand accused persons guilty of offences under for virgins has increased exponentially Indian Penal Code, Explosive Substances with the fear of infection. There is also a Act, Arms Act, Explosives Act, and the myth that young girls in their pre-puberty Aircraft Act and sentenced Mr. Peter James can not be infested with AIDS. A number Gifran Van Kalkstein Bleach (British of young girls from southern India have National), Mr. Alexander Klichine, Mr. Igor been sent to the Arab countries. There Moskvitine, Oleg Gaidash, Evgueni have also been reports that India has Antimenko, Mr. Igor Timmerman (all served as a transit point for trafficking of Latvian nationals) and Vinay Kumar Singh young virgins from Nepal, Myanmar and (Indian national) to various terms of Bangladesh to the Middle East, mostly rigorous imprisonment on 2nd February Dubai. 2000. The five Latvians were released on 22nd July 2000 when their sentences were Suppression of Immoral Traffic in commuted by the President of India. Women and Girls Act, 1956 was the main Act to deal with these offences. This Act Illicit trafficking in arms is punishable was amended in 1978 and was reenacted under Arms Act, 1959. The incidence of under the name of ‘Immoral Traffic the Arms Act cases showed an increase of (Prevention) Act in 1986’ to rectify some 20.8 % over the decade 1988-1998. In 1998, lacunae in the older Act. Punishment could 63518 cases were reported which showed be imprisonment for a period of 7-10 years a decrease of 4.2% over the quinquennial or for life. Indian Penal Code stipulates average of 1993-1997 and 14.3 % over 1997. that sexual intercourse with or without her 66868 persons were arrested for violation consent with a girl less than 16 years of of the Arms Act. 19.3 % of cases pending age amounts to rape punishable with trial were disposed by the courts in 1998. imprisonment for life.

IV. HUMAN (WOMEN AND National Commission for Women is a CHILDREN TRAFFICKING) body that reviews laws, conducts inquiries for redressal of complaints, undertakes Commercial sex in India is a 400000 promotional research for policies, advises million Rupees annual business. Thirty the Government and ensures custodial percent of the sex workers are children who justice for women. Section 10 (4) of earn about Rupees 110000 million every National Commission for Women Act, 1992 year. There could be about 0.3 million child gives the Commission powers of a Civil sex workers in India of which 0.1 million Court. The National Commission for

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Women has formed an Expert Committee reported in 1998 compared to 78 cases in and has formulated a ten year National the previous year showing an increase of Plan of Action (1997-2006) to co-ordinate 87.2 %. 171 cases of procuration of minor with the ninth and tenth Indian Five Year girls were reported in 1998 as against 87 Plans.There were 8695 cases reported in 1997 but 206 in 1994. 11 cases of selling under the Immoral Traffic (Prevention) Act of minor girls for prostitution, 13 cases of in 1998. buying minor girls for prostitution and 699 cases of kidnapping of minor girls were The number of cases showed a steadily reported. 17247 male and 1217 female declining trend upto 1996 but increased by offenders were arrested for kidnapping and 4.5 % over 1997. 15363 cases of kidnapping abduction of women and girls. 12879 of women and girls were reported in 1998, persons ( 11617 males and 1262 females ) which were up by 4.8 % over the previous were arrested under the Immoral Traffic year. 146 cases of importation of girls were (Prevention) Act.

V. CARD FRAUD Some of the popular credit cards in India are as given below:

Card name Type Annual Interest Max.Credit Fee Rate American Express Gold International Rs. 2400 2.50 % 51 days Bank of Baroda Domestic 100 3.00 % 51 days Citibank Silver/ Classic International 750 2.50 % 45 days Stanchart/ Gold International 2000 2.50 % 52 days HSBC Gold Domestic 1500 2.50 % 48 days Stan Chart/ Executive International 1200 2.50 % 50 days ANZ Grindlays / Gold International 2000 2.9 % 45 days SBI Card Domestic 500 2.50 % 50 days

There are 8000 million Rupees worth of it is mostly related to illicit drug trafficking. Master Cards, 7000 million Rupees worth Non-resident Indians have been given of VISA cards in circulation. Merchant/ some special banking facilities. These service establishments are about 95000. In facilities are misused to bring back the India, credit card fraud losses have money as white money. For example, a occurred as per the following categories: portfolio account is opened in a foreign (i) Counterfeit 32% country and the money is laundered back (ii) Lost cards 30% to be invested in the stock markets. (iii) Stolen cards 20% Another modus operandi is to launder the (iv) Multiple imprint 5% money through bogus exports. The (v) Mail/Tele orders 4% conversion of black money is done by over- (vi) Others 9% invoicing of the products to countries like Russia and the former Soviet Republic VI. MONEY LAUNDERING countries. Some shell companies are set up to issue bill or invoices accompanied by In India, money laundering is indulged bogus transport receipts in order to obtain in mainly by corporate houses to evade funds against these documents from bank/ taxes unlike in some other countries where financial institutions and then divert major

202 116TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS part of such proceeds by issue of cheques named The Prevention of Money in the names of non-existent front Laundering Bill has been introduced in the companies of cheque discounters. The Parliament by the Government of India. cheque discounters then handover cash Money laundering has been proposed to be immediately to the party after deduction a cognizable crime punishable with of their commission. The cheque rigorous imprisonment of 3-7 years which discounters are generally associated with could be extended to 10 years and a fine commodities market where fake upto Rupees 0.5 million. The acquisition, transactions in commodities can largely go possession or owning of money, movable unnoticed. The cheque discounters also and immovable assets, from crime, issue fake Letters of Credit and false bills. especially drugs and narcotics , The cheque discounters file income tax would tantamount to money laundering. returns in which the commission is shown Concealment of information on proceeds or as taxable income. gains from crime made within India or abroad is an offence too. An adjudicating In India, tackling problem of laundered authority is proposed which would have money is correlated with the problem of powers to confiscate properties of money tackling black money. There is a wide gap launderers. An administrator may be between the number of persons with appointed to manage the confiscated taxable income and the numbers who assets. An appellate tribunal is proposed actually pay income tax. This is despite to be set up with three members to hear the requirement of compulsory filing of appeals from the orders of the adjudicating income tax returns by any one having authority. The rulings of the adjudicating taxable income. Benami Transactions authority are thus not contestable in the (Prohibition) Act makes the pseudo owner local courts. Financial institutions are the real owner of the benami property. Tax expected to maintain transaction records raids and seizures, penalties and and furnish these to the adjudicating prosecution have been some of the authority. Failure to do so is punishable measures to check black money. However, too. success has not been satisfactory. Certain special measures such as Voluntary The alternative remittance system Disclosure Scheme under which the evader through non-banking channels is called discloses income on promise of concessional Hawala in India. It is based on trust in rates and immunity from penalties and which the remitter pays the Hawala dealer prosecution. There have been other in foreign country and the associate of the schemes like issue of Special Bearer Bonds, Hawala dealer pays the receiver in the Special Levy on deposits in the National home country. Since Hawala dealings are Housing Bank, waiver of penalty and illegal, the transactions take place through interest, Foreign Remittance Scheme in word of mouth or other non-conventional 1991-92, India Development Bonds, and means of communication. Since there is Gold Bond Scheme of 1992. no audit, no control and no check, anonymity of the customers is maintained. Money laundering had so far been dealt There are hawala dealers in India and with under the Foreign Exchange wherever people from Indian sub-continent Regulation Act, 1973, but with effect from are settled. Hawala routes are used both June, 2000, FERA has been replaced by by ordinary people as well as drug Foreign Exchange Maintenance Act and a traffickers, terrorists and unscrupulous Bill to enact money laundering law to be businessmen.

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In one of the cases of money laundering Anees Trading Company in Dubai. His dealt with by the Central Bureau of business interests in India are shopping Investigation, an organized group of the centres, hotels, airlines and travel agencies Hawala dealers operating from and in Mumbai with an annual turnover of Dubai used to receive remittances from about Rupees 20000 million. Extradition foreign banks for transferring to India. A of offenders from Dubai has not been telephonic message in coded words would possible since there is no extradition treaty be passed to agents in India to pay money with Dubai. Moreover, some of these in Indian rupees. The remittances so offenders have strong social links with received by the above mentioned persons politicians and other top personalities in in dollars or Pound Sterling at London and Dubai. Dubai were used for purchase of gold, drugs, arms, ammunitions and explosives B. Chhota Rajan Gang through the underworld. The arms, Chhota Rajan was a member of Dawood ammunitions and explosives were used to gang but parted company after the 1993 be smuggled into India and sold to various serial bomb blasts in Mumbai. He raised criminal/terrorist groups while the drug his own gang in 1994-95 which is reported used to be distributed to the traffickers. to have a membership of 800 persons today. Chhota Rajan himself is in a foreign Electronic Payment Technologies are country to avoid elimination from Dawood coming to India and these are going to pose gang. His gang indulges in drug trafficking new challenges to Law Enforcement and contract killings. In collaboration with Agencies. The anonymity in transactions another local gang, he organized killing of is bound to promote money laundering and a trusted leader of Dawood Ibrahim gang, other offences. The money launderer finds Mr. Sunil Samant, in Dubai in 1995. the electronic money easy to convert and transfer, and safe to store. The format of C. Babloo Shrivastava Gang legal framework, code of conduct of “Om Prakash Shrivastava @ Babloo business and self-regulation regarding e- Shrivastava” is facing 41 cases of , commerce is under examination. kidnappings for ransom etc. He was arrested in Singapore in April 1995 on the VII. MAJOR TRANSNATIONAL basis of a Red Corner Notice issued by ORGANIZED CRIMINAL GROUPS and extradited to India in August 1995. He has since been in jail but A. Dawood Ibrahim Gang his gang has continued to indulge in Dawood Ibrahim group is the most organized kidnappings and killings. The dreaded mafia gang with countrywide ransom amount is received by them in network and foreign connections. He has foreign countries through hawala stationed himself in Dubai since 1985 and (alternative non-banking remittance has indulged in drug and arms trafficking, channel). The power of this gang has smuggling, extortion and contract killings. dwindled after his arrest. His brother looks after smuggling, drugs and contract killings; VIII. ELECTRONIC Noora looks after film financing and SURVEILLANCE extortion; and Iqbal is incharge of the legitimate business which includes stock The Government of India has made a broking in Hong Kong. Anees is in legal provision in the licensing conditions legitimate business too managing Mohd. formulated alongwith the cellular

204 116TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS operators to make it mandatory on the part Act but laid down certain guidelines of the cellular companies to provide parallel prescribing that the order will be issued monitoring facilities for all by the Home Secretaries at the Centre and communications being received and in the States. A copy of the order should emanating from a particular mobile set. be sent to the Review Committee within a Cellular operators operating in four week. The order will cease to have an effect metropolitan cities of Mumabi, Calcutta, after two months unless renewed. The Delhi and Chennai have made this facility Review Committee will review the order available whereas others are bound to passed by the authority concerned within provide this facility within three years of two months of the passing of the order. The the initiation of the mobile network. total period shall not exceed six months.

Interception of messages, transmitted or IX. IMMUNITY received by any telegraph is covered under There is provision in Section 306 of the sub-section 2 of section 5 of the Indian Criminal Procedure Code to obtain Telegraphic Act - 1885 (13/85) which states: evidence of an accomplice by tender of “On occurrence of any public pardon subject to his making full and true emergency, or in the interest of the disclosure of facts and circumstances public safety, the Central Government concerning an offence. This provision is or a State Government or any officer applicable in offences punishable with specially authorised in this behalf by imprisonment of seven years or more. the Central Government or a State Government may, if satisfied that it is X. WITNESS AND VICTIM necessary or expedient so to do in the PROTECTION PROGRAMME interests of the sovereignty and integrity of India, the security of the There is no legislation at present for State, friendly relations with foreign protection of witnesses and the members States of public order or for preventing of their families. Section 171 of the incitement to commission of an offence, Criminal Procedure Code prohibits the for reasons to be recorded in writing, police officers to carry the complainant or by order, direct that any message or witness to court. The intention of such class of messages to or from any person legislation appears to be to ensure or class of persons, or relating to any independence of evidence given by the particular subject, brought for witnesses without any influence of police. transmission by or transmitted or received buy any telegraph, shall not In cases where it is important to keep be transmitted, or shall be intercepted the trial proceedings away from public or detained, or shall be disclosed to the gaze, resort could be made to the provisions Government making the order or an of in-camera trial at the desire of the officer thereof mentioned in the order.” parties concerned or the court itself. In- camera trial is permitted under section The issue of the constitutional validity 237(2) of Criminal Procedure Code. Its of this section came under scrutiny of the validity has been upheld by the Supreme Supreme Court of India in a writ petition Court of India in the so-called Kartar Singh filed by the People’s Union for Civil case. Liberties. The Supreme Court passed a judgement on 18th December, 1996, upholding the constitutional validity of the

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XII. ASSET FORFEITURE SYSTEM XIII. INTERNATIONAL COOPERATION IN CRIMINAL The following provisions for forfeiture of MATTERS proceeds of crime exist: (i) Criminal Law Amendment India has entered into Mutual Legal Ordinance (1944) Assistance Agreements / Treaties in (ii) Sections 111 and 112 of Customs criminal matters with United Kingdom Act (1964) (1992) (Agreement concerning the (iii) Foreign Exchange Maintenance investigation and prosecution of crime and Act the tracing, restraint and confiscation of (iv) Smugglers and Foreign Exchange the proceeds and instrument of crime, Manipulators (Forfeiture of including currency transfers and terrorist Property) Act (1976): “This Act funds), Canada (1994), France (1998), applies to persons convicted under Russia (1993), Kyrgyzstan, Kazakhstan (all the Sea Customs Act 1878, Custom Mutual Legal Assistance Agreements in Act 1962 or detained under Criminal Matters), Egypt, China, Conservation of Foreign Exchange Romania, Bulgaria and Oman. Mutual and Prevention of Smuggling Act. Legal Assistance Treaty has been The main purpose of the Act is to negotiated with but forfeit the illegally acquired is yet to be ratified. Negotiations are going properties of such smugglers and on for signing of treaty on Mutual Legal foreign exchange manipulators in Assistance in Criminal Matters with whosoever’s name these may have countries such as Australia, Norway, been kept. It shall not be lawful Mongolia, Turkmenistan, Bulgaria, Hong for any person to whom the Act Ling, Ukraine, Uzbekistan and Azerbaijan. applies to hold any illegally acquired property either by himself India has extradition treaty with Nepal, or through any other person on his Belgium, Canada, Netherlands, United behalf. Any property so held is Kingdom, of America, liable to be forfeited to the Central Switzerland, Bhutan and Hong Kong. Government. Section 6 provides for Extradition Treaty is in various stages with issuance of show cause notice of Russia, Germany, UAE, Bulgaria, forfeiture and section 7 provides for Thailand, France, Ukraine, Romania, passing of final orders of forfeiture. Oman, Spain, Kazhakastan, Greece, Egypt, Under section 8, burden of proving Malaysia and Mauritius. India has that any property specified in the extradition arrangements with Sweden, notice is not illegally acquired Tanzania, Australia, Singapore, Sri Lanka, property shall be on the person Papua New Guinea, Fiji and Thailand. affected and under section 11, transfer of properties specified in Section 166 Criminal Procedure Code the notice can be declared null and deals with reciprocal arrangements void.” regarding processes. A court in India can (v) Section 68 of Narcotic Drugs and send summons or warrants in duplicate to Psychotropic Substances Act a court in a foreign country for service or (1985) execution and the said foreign court will (vi) Sections 102 and 452 of Criminal cause the service or execution. Section 166- Procedure Code A of Criminal Procedure Code deals with letter of request to the competent authority

206 116TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS for investigation in foreign country. A indiscriminate violence involving death or criminal court in India may issue a letter serious injury, or serious damage to of request to a court or a competent property. authority to examine orally any person supposed to be acquainted with facts and circumstances of the case, to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing. Section 166-B deals with letter of request from a country or place outside India to a court or an authority for investigation in India. Under its provision, the Central Government may forward a letter of request received from a foreign country to a magistrate who may summon such person and record his statement. The Central Government can also send the letter to a police officer who will investigate into the offence.

Extradition Act, 1962 deals with extradition of fugitive criminals. Extradition can be made if the offence is an extradition offence i.e. an offence provided for in the extradition treaty with a State which is a treaty state and for other countries, an offence which is specified under the Second Schedule. Under this schedule, there are 18 types of offences.

India is a signatory to the South Asia Association for Regional Cooperation (SAARC) Convention for Suppression of . SAARC countries consist of India, Pakistan, Bangladesh, Nepal, Sri Lanka, Maldives and Bhutan. Pursuant to the SAARC Convention, India enacted the SAARC Convention (Suppression of Terrorism) Act. Extraditable crimes include unlawful seizure of aircraft; unlawful acts against the safety of civil aviation; crimes against internationally protected persons; common law offences like murder, kidnapping, hostage taking; and offences relating to firearms, weapons, explosives and dangerous substances etc. when used as a means to perpetrate

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