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Trending: Call for Papers Volume 3 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

Three Important Intelligence Agencies in India- CBI, ED, NCB

Meaning of Intelligence Agency

The term ‘Intelligence’ in this context refers to a political or military department, agency, or unit designed to gather information, usually secret, about the enemy or hostile activities. The term ‘Agency’ here refers to a department or other administrative unit of a government; also, the office or headquarters of, or the district administered by such unit of government.
                                       
An Intelligence agency is a governmental agency that is devoted to information gathering for purposes of national security and defence. The act of gathering information is known in the context of ‘intelligence’. The agencies like the Central Bureau of Investigation (CBI), Narcotics Control Bureau (NCB), and Enforcement Directorate (ED), Research and Analysis Wing (RAW), National Investigation Agency (NIA), Border Security Force (BSF), National Security Guards (NSG), etc., are law enforcement agencies who work under different Ministries. 

The main aim of these agencies is to provide safety and security to the general public so that they can lead a life without any fear. In India, three are numerous law enforcement agencies. Some are under the State Government and others under the Central Government. These agencies deal with systematic fact-finding and reporting process.

Narcotics Control Bureau (NCB)

Introduction of Narcotics Control Bureau (NCB)

Narcotics Control Bureau (NCB) is India’s drug law enforcement intelligence agency. This agency was formed in 1986, its headquarter is based in Delhi and is affiliated by the Ministry of Home Affairs. Currently, the Chief of Narcotics Control Bureau (NCB) is Mr. Rakesh Asthana. The Narcotics Control Bureau (NCB) was formulated to fulfill the objectives laid under the Narcotics Drug and Psychotropic Substances Act, 1985 (NDPS). The objectives laid down in the Narcotics Drug and Psychotropic Substances Act, 1985 (NDPS) is also mentioned under Article 47 of the Constitution of India, 1949 which gives the State a duty to prohibit illegal drugs and drinks. As per the reports submitted by AIMS in 2019, it states that in India more than 5 crores of the population have consumed cannabis or opioids. The states which top the ranking of drug abuse are Punjab, Assam, Sikkim, Delhi, Uttar Pradesh. The ground of commonality between these states is international boundaries. Thus, to control illegal drug trafficking, India has to secure its international boundaries and cut the supply chain of drugs.
Powers and Functions of Narcotics Control Bureau (NCB)

Narcotics Control Bureau (NCB) works with the-

  1. Central Economic Intelligence Bureau (CEIB),
  2. Customs and Central Excise, 
  3. Central Bureau of Investigation (CBI), 
  4. State Police Departments, and 
  5. Other Intelligence and Law Enforcement Agencies. 

India is a signatory to various U.N. Conventions against illicit trafficking such as-

  1. 1961 U.N. Convention on Narcotic Drugs,
  2. 1971 U.N. Convention of Psychotropic Substances,
  3. 1988 U.N. Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and
  4. 2000 U.N. Transnational Crime Convention

Central Bureau of Investigation (CBI)

Introduction of the Central Bureau of Investigation (CBI)

The main investigation of the Central Government is the Central Bureau of Investigation (CBI). The present Director of the Central Bureau of Investigation (CBI) is Rishi Kumar Shukla and its headquarter is based in Delhi. The founder of the Central Bureau of Investigation (CBI) is Mr. D.P. Kohli who served the office of the Central Bureau of Investigation (CBI) as director from the year 1963-68.

In 2012, the Central Bureau of Investigation (CBI) was covered under the Right to Information (RTI) but currently, it is exempted from the Right to Information (RTI). Interpol is responsible for worldwide crime control and its touchpoint is the Central Bureau of Investigation (CBI) which acts as the National Control Bureau. The Central Bureau of Investigation (CBI) plays a very crucial and vital role in the criminal justice system.

The Central Bureau of Investigation (CBI) only deals and investigates crimes of serious nature that have national or international importance. Along with these investigations, the Central Bureau of Investigation (CBI) also investigates cases of public importance on the request of the State Government.

Background of the Central Bureau of Investigation (CBI)

In India, after World War II, in the year 1941, a special police establishment was formulated to investigate the cases of corruption. Later, the Santhanam Committee was constituted for the prevention of corruption. This committee recommended the establishment of the Central Bureau of Investigation (CBI). Initially, the Central Bureau of Investigation (CBI) was under the Ministry of Home Affairs but currently, it is operating under the Ministry of Personnel and Training.
Structure of the Central Bureau of Investigation (CBI)

The Central Bureau of Investigation (CBI) operates under the Ministry of Personnel and Training which is a part of the Prime Minister’s Office (PMO). But when the Central Bureau of Investigation (CBI) deals with matters related to the prevention of corruption then it operates under the Central Vigilance Commission. The Central Bureau of Investigation (CBI) is further divides into three divisions namely, Economic Offences Division, Anti-Corruption Division, and Special Crime Division.

Appointment Committee of the Central Bureau of Investigation (CBI)

  1. Prime Minister (Chairperson of this committee)
  2. Leader of the opposition of Lok Sabha/ Leader of Single Largest Party of Lok Sabha
  3. Chief Justice of India (CJI)/ Supreme Court Judge recommended by the Chief Justice of India (CJI).

Case: Vineeta Narayan vs. Union of India,

In this case, the Supreme Court questioned the autonomy that is the independence of the Central Bureau of Investigation (CBI). This case was related to the Hawala scam in which the names of a large number of high-rank officials and bureaucrats came forward for corruption and bribery. In this case, it was found that no investigation was conducted against the government’s extremely influential people.
The Supreme Court held that ‘The Central Bureau of Investigation (CBI) has failed on its responsibility to investigate allegations of public corruption.’
Further, the Court issued guidelines to ensure the Central Bureau of Investigation (CBI) autonomy and put it under the supervision of the Central Vigilance Commission (CVC).

Enforcement Directorate (ED)

Introduction of the Enforcement Directorate (ED)

Enforcement Directorate (ED) is India’s economic intelligence agency and its main purpose is to investigate the economic crimes of the country. Enforcement Directorate (ED) is affiliated under the Ministry of Finance and the Department of Revenue. Its headquarter is based in Delhi and the current Director of the Enforcement Directorate (ED) is Sanjay Kumar Mishra. 

The main objective of the Enforcement Directorate (ED) is to enforce the Foreign Exchange Management Act (FEMA) and Prevention of Money Laundering Act (PMLA). Apart from enforcing the Foreign Exchange Management Act (FEMA) and Prevention of Money Laundering Act (PMLA), the Enforcement Directorate (ED) also enforce the provisions of the Fugitive Economic Offenders Act (FEO) and Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA).

Background of the Enforcement Directorate (ED)

To control the Exchange Control Law Violation under Foreign Exchange Regulation Act, 1947 a body was constituted under the Department of Economic Affairs which was named as the Enforcement Unit. In 1957, this busy was renamed as Enforcement Directorate (ED) and it was transferred from the Department of Economic Affairs to the Department of Revenue under the Ministry of Finance. Under the Foreign Exchange Management Act (FEMA), the Enforcement Directorate has the power to impose 3 times the amount involved in the scam as a penalty. Under the Prevention of Money Laundering Act (PMLA), the Enforcement Directorate has the power to attach the property and cease it.
Conclusion
Hence, All these agencies work under distinct goals and objectives but altogether engaged in law enforcement.
-NCB is the central agency that investigates all the drug-related cases.
-CBI is the investigating agency with a prime focus on the investigation related to corruption.
-ED is a law enforcement agency and economic intelligence agency responsible for fighting economic crimes in India.

References

Author: Sneha Mahawar, Ramaiah Institute of Legal Studies. 

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