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Administration In Drug Control And Mechanism

According to World Health Organisation , "Worldwide about 0.5 millions deaths are attributable to drug use". Narcotics can be defined as any kind of drugs which is addictive. Narcotics are involved in wide range of medicines we intake today. Prescribed use of narcotics will help us to gain good health.

But people when start using at more than prescribed or unprescribed it becomes an agent which kills their own lives. Government of India had taken various steps to prevent illegal use of drugs and introduced a body called Narcotics Control Bureau. This article speaks about the method followed by the police department in controlling the drug mafia and the issues therefor arises in the department which makes them difficult to pursuit the drug dealers.

Narcotics is actually derived from Greek word 'Narke' meaning numbness or torpor. 1 Narcotics in general sense means a drug that causes insensibility to the users. The intake of substances which are under the term narcotics makes the user become unaware of his own surroundings. Narcotics are also defined as drugs that can change the psychic and physical status of a person- reduce pain, induce sleep, alter mood or behavior,

All narcotic substances are not illegal. The use of narcotics at a certain degree for medical purposes does not cause any harm. But excessive intake of these drugs may lead to various physical and psychological ills. For example, intake of Opioids can be a medicine to diarrhea and coughing. But excessive intake of the same can lead to coma, permanent brain damage and even death.

The 1961 International Convention establishes strict controls on the cultivation of opium poppy, coca bush, cannabis plant and their products, which, in the Convention, are described as "narcotic drugs" (although cocaine is a stimulant drug rather than one that induces sleep).

Control is exercised over 141 narcotic drugs, mainly natural products, such as opium and its derivatives, morphine, codeine and heroin, but also synthetic drugs, such as methadone and pethidine, as well as cannabis and coca leaf.2

The Government of India introduced an independent body known as The Narcotics Control Bureau in 1986 under the Narcotics Drugs and Psychotropic Substances Act, 1985.

This is the body which takes the necessary measures to control the drug abuses happening all throughout the India.

Narcotics Control Bureau:

The Narcotics Control Bureau is the apex coordinating agency under the control of Ministry of Home Affairs. This body was formed by drawing its power from the Article 47 of the Indian Constitution which provides that the state to endeavor to bring about to prohibition of consumption, except for medicinal purposes of intoxicating drugs injurious to health. In short, the Government of India set up the Narcotic Control Bureau (in short NCB) to establish a drug free society except for medicinal purposes.

Also, the Narcotic and Psychotropic Substances Act, 1985 which came into existence on 14th November, 1985 made an express provision for constituting a central authority to exercise the powers and functions of the Central Government under the act. The NCB was constituted on 17th March, 1986. The NCB is an Indian Central law Enforcement and Intelligence agency.

This department is tasked with the coordination of Indian state governments and other Central departments. Its main duty is to combat the drug trafficking and use of illegal substance which are prohibited under the Narcotics and Psychotropic Substances Act (in short NDPS act), 1985. This body works as a fence to tackle with drug dealing and mass drug trafficking.

The NCB's headquarters is situated at New Delhi. Its field units and offices are organized by zones and are located in Mumbai, Indore, Kolkata, Delhi, Chennai, Lucknow, Jodhpur, Chandigarh, Jammu, Ahmedabad, Bengaluru, Guwahati and Patna. These zones have further prominent areas named sub zones Dehradun, Amristar, Mandi, Ajmer, Ranchi, Bhubaneshwar, Imphal, Goa, Mandsour, Cochin, Madurai and Hyderabad.

The zones and sub-zones collect and analyze data related to seizures of narcotic drugs and psychotropic substances, study trends, and modus operandi, collect and disseminate intelligence, and work in close cooperation with the Customs, State Police, and other law enforcement agencies like CBI.

The Director General of NCB is mostly an officer from the Indian Police Service (IPS) or the Indian Revenue Service (IRS). Apart from the direct feeder grade, officers in this organization are also drawn from Indian Revenue Service, Indian Police Service and other Paramilitary forces.3

The Narcotics Control Bureau is also represented on the Economic Intelligence Council. NCB is affiliated to Home Ministry, which was made responsible for administering The Narcotic Drugs and Psychotropic Substances Act, 1985. The NCB is outside the ambit of the Right to information Act under Section 24(1) of the RTI act, 2005.

Functions: 4
  • To coordinate the actions of state government and other authorities under the NDPS act, Customs Act, Drug and cosmetics act and any other law for the time being in force and in connection with the enforcement of the NDPS act, 1985.
  • To implement the obligation against illicit traffic under the various International Conventions and Protocols that are in force in present or which may be ratified or acceded by India in future.
  • Assistance to authorities in foreign countries and International Organizations to facilitate coordination and universal action for prevention and suppression of illicit traffic in narcotic substances.
  • Coordination of actions taken by the other concerned Ministries, Departments, and Organizations in respect of matters relating to drug abuse.
  • Assisting state in enhancing their drug law enforcement.
  • Collection and dissemination of intelligence.
  • Analysis of seizure data, study of trends and modus operandi. STARTERGY:
The NCB is focused on these strategies to control drug abuse, they are:
  • Combating trafficking through appropriate intelligence, interdiction and investigative initiatives.
  • Eradicating illicit drug crops.
  • Preventing leakage from licit opium crop.
  • Implementing a regime of domestic and international trade controls over select precursor chemicals.
  • Increasingly targeting assets derived from drug trafficking for confiscation and forfeiture.

The Drug Law Enforcement Officer (in short DLEO) has the duty to collect all valuable information regarding to illicit drug activities. Illicit drug dealers often deal secretly, so it should be the duty of these officers to make an investigation which gives full information and proceed to other steps. Without proper information the actions taken against them will only be partly effective.

Their sources to get such information maybe Law Enforcement Authority's records or specific information provided by secret informers or generated through physical and electronic surveillance of suspects5. The officers must be always ready to hear a lead about violators of NDPS act. A clue from previous or linked offenders maybe helpful to ascertain further offenders.

A custom officer while detecting a case of smuggling of gold may arrest a border crosser who indulges in transporting drugs also; or a Company caught by Central Excise authorities for evading duty by under-reporting production and clandestine removal of goods; or an Income Tax officer detecting unaccounted income from a person or industrialist; or a Police officer catching a local thief or pick pocket may be a good source of information. Secondary sources like newspapers, books and other publications as well as data from other government agencies or private bodies/NGOs may provide excellent initial inputs too.

Illicit Drug Crops:

Cultivating drug crops without the license of government is called illegal cultivation.

Illegal cultivation of drug crops is an offence under NDPS act, the act mainly punishes the illegal cultivation of Opium and Cannabis. Anyone cultivating opium illegally is punishable under section 186 and anyone cultivating cannabis illegally is punishable under section 207 of

the NDPS act. Under section 42 the landholder has the obligation to inform illegal cultivation in his land to any officer or police officer mentioned in section 42. If any landholder neglects to

give such information he is punished. Also, under section 44 all Central and State Government officers who are empowered under section 41,42, or 43 shall have the power of entry, search, seizure and arrest in relating to offences of illegal cultivation.

Leakage From Licit Opium Crop:8

India traditionally has been a large producer of opium and has been recognized internationally. The Central Bureau of Narcotics (in short CBN) has licensed farmers to cultivate opium poppy in the tracts of Uttar Pradesh, Madhya Pradesh and Rajasthan. Such

cultivation is only on Central Government account. The entire opium produced by the farmers is procured by the CBN and transferred to the Government Opium and Alkaloids Works. The GOAWs dry the opium, export it, supply some quantities to the State Governments for supplying to addicts, sell some quantities to (Ayurvedic) Pharmaceutical companies and

transfer the remaining quantities to its Alkaloids plans for extraction of alkaloids. The GOAWs also manufacture many Alkaloids such as morphine, codeine, thebaine, noscapine, papaverine, hydrocodone, oxycodone, pholcodine, etc. and sell them to pharmaceutical companies. But some dealers get hold of these licit opium crop and direct them towards illicit drug traffickers for higher profit despite of the strict government measures. Government should make aware the cultivators about the seriousness of such direction and keep a tight check among these licit cultivators that all drugs cultivated are handed to the government.

Precursor Chemicals:

Precursor are chemicals which are necessary for illicit drug manufacturers but otherwise has a number of legitimate uses. As precursors are difficult to manufacture illicit drug manufacturers usually get them from licit producers of precursors. The Government of India thus declared precursors as controlled substances. Thus, the manufacture, trade, transport, consumption and use are regulated under Regulation of Controlled Substances (NDPS)

Order, 1993. Thus, under strict surveillance precursors are made available only to those legitimate institutions for legitimate purposes by the Government. This regulation made it difficult to the illicit manufacturers to get hold of precursor.

Drugs Confiscation And Forfeiture:9

If on prima facie a substance appears to be a Narcotic drugs or Psychotropic substances or Controlled substances it can be confiscated under section 42, 43 of the NDPS act (if applicable) as they are liable to be confiscated under section 60 of the NDPS act. The officers may also confiscate any animal or conveyance used in carrying these substances. Also, any material, apparatus, utensils through which such substances are carried may also be

confiscated under the section 60 of the NDPS act. If during a search operation, the DLEO recovers money which is believed to be sale proceeds of those substances, he must seize the money as it is liable to be confiscated under Section 6210. Other contents, even if legal, if found along with those substances are also liable to confiscation. All the documents found relevant must also be seized as they will be used as evidence in support of the prosecution. All these confiscated materials are should be kept in safe custody tagged along with the place from which it was recovered and manner it was confiscated until the final documentation is made.

Generally, though NCB is a central enforcement agency various states have various strategies and mechanisms to control drug abuse. Drug abuse often happens in a large network. Drugs are not only cultivated and supplied within India. Some drugs even come from foreign nations and be supplied at a large quantity in India. These kinds of illicit drug dealers are difficult to be caught. To tackle them governments often go with long term operations to completely shut down these drug traffickers. Though these operations are carried out in different manner there are some common things which are to be followed by the officer's whatever state they may be:
  1. Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca plant, cannabis plant, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation.
  2. Any narcotic drug or psychotropic substance 2*or controlled substances+ lawfully produced, imported inter- State, exported inter-State, imported into India, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance 2*or controlled substances+ which is liable to confiscation under sub-section (1) and there receptacles, packages and coverings in which any narcotic drug or psychotropic substance 2*or controlled substances+, materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation.
  3. Any animal or conveyance used in carrying any narcotic drug or psychotropic substance 2*or controlled substance+, or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use.

Verify Information:
Whatever source the NCB receives information about the illicit drug dealers they need to verify the information to avoid mishaps. It is more necessary the information needs to be carefully verified either through personally or through coordination and cooperation with other officers or agencies in case if the information of offence found is not during patrol or known drug routes. A failed operation on the basis of false information may not have bigger effects.

But a failed operation launched on the basis of correct information may end up alerting that particular drug dealer and he will never be caught again and keep on continue his illicit business after years.

Before launching an operation, the DELO must verify 4 Ws and 1 H which means Who ((the key persons, carriers, other accomplices), Where (the suspect premises, meeting points, dealing venues), Why (reasons for selecting a particular place, premises, vehicles etc.), What ifs (alternatives available to DTOs) and How (vehicles, routes, concealment methods, etc.). Always they will have a plan B if thing doesn't go according to plan.11

The DLEO should plan the operations in consultation with higher authorities, his team members. They shall also gain the assist of other agencies if they deem it to be necessary. They can request coordination from any agencies/departments mentioned in section 42 of the NDPS act. Section 5612 of the NDPS act mandates that these agencies when asked their assistance

through a written request from DLEO unless there is sufficient reason provided by them in writing. If they refuse to help the DLEO despite of any proper reasons then they can be tried according to the NDPS act.

To a successful operation the DLEO must provide all the necessary support. They should be provided with proper vehicle with sufficient fuel, surveillance equipment (binoculars, night vision devices, mobile phones), search equipment (torches, tool kits), seal and sealing kits (sealing wax/ lac, sealing envelops, candles, lighter), stationery and forms like Section 6713 Notice, Section 41 (2) Search Authorization etc., weighing scales, safety related equipment contravention of any provisions of this Act,
  1. call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder; URL:
  2. require any person to produce or deliver any document or thing useful or relevant to the enquiry; URL:
  3. examine any person acquainted with the facts and circumstances of the case; URL:
(like handcuffs), arms and ammunition, field test kits (standard kit, precursor chemical kit and ketamine kit), Video camera, among others.

The recent large-scale operation that was took place in India, Operation Samutragupt captured 2500 kg of smuggled drugs. IPS.Aravindhan who was a part of this operation explains the lengthy operation. This operation was actually launched after recovering drugs from many small boats in Cochin which all contained 250 to 300 kgs of drugs. Frequent capture of

these boats made them launch this operation. He explains the drug route that Afghanistan, Pakistan and Iran act as manufacturing hub and they come into countries like India, Malaysia and some other countries. They are brought to these countries through legal channel such as containers and illegal channels such as boat. After the capture of small boats in Cochi in 2022 they studied their pattern for 6 months and gathered intelligence.

They sought the help of Navy and through Navy patrolling they discovered their route and activities. They found out that their was actually a parent ship which contained larger number of drugs which actually supplied to all these smaller boats. After gaining all the information from navy and collecting all necessary information they planned to capture this parent ship. Thus, this operation can be taken as successful operation which was based on the above said principles.

Authority Helping Dealers:
Though Government takes various steps to prevent illegal drug business and NCB works hard in implementing the goals of the Government, sometimes it all goes in vain when the authority (i.e., the police officers) who wants to stop the drug dealers work along with these dealers for their benefit. More such cases in India are being recorded that the police officers themselves have tie with the drug dealers.

Drug operations are generally meant to be carried out in a top-secret manner that it is not even open to the public to file an RTI. But police officers having deals with drug dealers makes the whole operation a failure. These officers leak every single information about the action of the police to the dealers and help them to sustain in the business without being caught. These police sometimes even set up locations where these dealers can make their deals without any intervention by the law. These activities of the policers should be considered unforgivable and should be dealt with stringent punishments.

14 In Punjab, police officer Rajjit Singh dismissed for his role in drug dealing. Rajjit Singh, an officer of the Punjab Police Service (PPS), has served as senior superintendent of police (SSP) in several districts of Punjab. At the time of his dismissal, he was posted as assistant inspector general (AIG), NRI affairs.

The policeman in question - Inderjit Singh - has served as an inspector at various places in Punjab and was arrested in January 2017 by the state task force (STF) to control drug abuse. As much as 4 kg of heroin, an AK 47, and Rs 16 lakh is said to have been recovered from his residence in Kapurthala.

He was subsequently dismissed from service. A special investigation team (SIT) of the Punjab Police had indicted Rajjit Singh for allegedly patronizing - for several years - a tainted junior policeman who is accused of facilitating drug smuggling. According to the SIT reports, found that Rajjit Singh had on two occasions ensured that Inderjit was posted in the districts he was heading as police chief.

The SIT reports further state that huge amounts of money and gifts were received by Rajjit in the period following 2013 from certain persons. Although Rajjit duly informed the department about these transactions, the financial capability of the persons he took the loans from needed to be probed further, the reports add. The SIT said there had been a sudden rise in the assets acquired by Rajjit and his family members from 2013.As a result of these after enquiry he was dismissed from his post.

The Lahore police unearthed another racket allegedly linked to the cross-border drug smuggling through drones and recommended strong criminal and departmental proceedings against a station house officer (SHO) and six other police officials for abetting the alleged criminals.

The racket was detected by the Lahore Organized Crime Unit, former Crime Investigation Agency (CIA), when it arrested an alleged drug dealer of the city, Tahir, who during investigation revealed that police officials had been receiving huge gratifications from him for facilitation in drug trafficking. An official said these facts came to the limelight after the OCU (former CIA Lahore) police arrested Tahir in a raid on his house and the drug dealer offered an official 6 million to �settle‟ the issue.

Tahis revealed during interrogation about the hefty sums he had been paying to the ex-SHO and other police officials. The OCU high-ups later brought the matter to the notice of the Lahore capital city police officer (CCPO) who ordered a high-level inquiry into the matter with directions to expand the scope of investigations to round up all the culprits, including the police officials. All these officers were put to severe punishments.15

Punjab Police vigilance bureau (VB) named IPS officer and Ferozepur former deputy inspector general of police (DIG) Inderbir Singh as accused of taking ₹10 lakh bribe from a drug supplier for not naming him in a case registered under the NDPS Act by the Bhikhiwind police in Tarn Taran.On June 30 last year, an FIR was registered in Bhikhiwind police station in Tarn Taran against Surjit Singh, from whom 900-gm opium was recovered. Another person Pishora Singh was also nominated in the case. Besides them, Nishan Singh, Hira Singh, DSP Lakhbir Singh and head constable Rashpal Singh were also nominated.

On July 6, 2022, DSP Lakhbir Singh, who was then posted at Faridkot, was arrested by the police in the case. The special investigation team (SIT) formed by Tarn Taran SSP had also found the involvement of a senior police officer but did not name him.Later, the case was handed over to the VB and Inderbir was grilled by senior officers of the bureau after his involvement was suspected. In the general diary details dated June 5 of Bhikhiwind police station, he was named as accused in the case, following the investigation report forwarded by the Amritsar range vigilance SSP. He was punished under various acts including the Corruption act. 16

Only some policers who have been abetting to drug dealers have been captured and punished, others still roam freely and help these dealers. Even though government knows that there might be some abettors in the department they cannot always use open methods to control these abettors as it will only result in awareness to these officers that they are being watched and carry out their functions more carefully, thus cannot be captured.
  • The government should choose the members of this particular department based on their past performance and should focus on selecting the honest members in the department.
  • When an operation is conducted, it is best to keep the information gathered and plans of the operation only between the higher officials, and they can let the juniors act through instructions instead of revealing the whole plan to everyone.
  • Information is power. Information relating to drug dealers needs to be kept very confidential until the last second of completion of the operation without any leakage.
  • Severe punishments are to be provided to those who abet the drug dealers as they are more vicious than the drug dealers. By helping them, they make the drug dealers impossible to be brought before the clutches of the law.
  • Awards and increments for honest officers motivate others to act more honestly.
  • It is better to start campaigns among the police about the ill effects of drugs and providing them punishments if they try to abet.

Seven police personnel were sacked as part of the state police crackdown on drug peddling and its abuse, Nagaland director general of police (DGP) Rupin Sharma said on Wednesday, asserting that the police did not only act against civilians during the ongoing campaign but also

those in the uniform. Sharma said the state police adopted the "reform or perish" approach and had been trying to persuade police personnel who have a problem with drugs or alcohol to come forward and avail treatment. Those who did not and were caught for violating the law are being penalized. Of the 43 police personnel who faced action, seven have been dismissed, two personnel have been demoted and compulsorily retired and 14 more issued penalties such as stopping of increment. In 20 other cases, the disciplinary proceedings are yet to be completed.

Such actions by the department will definitely create a fear among others and make them to be honest and not to abet drug dealers. 17

Though NCB and other departments, the central and state government all tries to help to control illicit drug trade, it is impossible to control until the enforcing agent the police

themselves are abetting drug dealers. The strategies and operations carried out by Indian government have been proved effective in many cases, they only fail in circumstance unexpected and in times of these kinds of abetments. So, if the government is successful in controlling the police officers and make them follow the laws properly India can soon become a drug free nation.

  5. drug law enforcement field officer's handbook, Narcotics Control Bureau, Ministry of Home Affairs, Government of India
  6. Section 18-Punishment for contravention in relation to opium poppy and opium. Whoever, in contravention of any provision of this Act or any rule or order made or condition of license granted thereunder, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable,
    • where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both;
    • where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees;
    • in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees+.
  7. Section 20-Punishment for contravention in relation to cannabis plant and cannabis. Whoever, in contravention of any provisions of this Act or any rule or order made or condition of license granted thereunder,
    • cultivates any cannabis plant;
    • produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable 1*(i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees; and
      • (ii) where such contravention relates to sub-clause (b),
        • and involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine, which may extend to ten thousand rupees, or with both;
        • and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;
        • and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees+.
  8. Department of Revenue | Ministry of Finance � default � files National Policy on Narcotic Drugs and Psychotropic Substances Page 6 of 47
  9. Section 60-Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.1*
  10. Section 62-Confiscation of sale proceeds of illicit drugs or substances. Where any 1*narcotic drug, psychotropic substance or controlled substance+ is sold by a person having knowledge or reason to believe that the drug or substance is liable to confiscation under this Act the sale proceeds thereof shall also be liable to confiscation.
  11. drug law enforcement field officer's handbook, Narcotics Control Bureau, Ministry of Home Affairs, Government of India
  12. Section 56-Obligation of officers to assist each other. All officers of the several departments mentioned in section 42 shall, upon notice given or request made, be legally bound to assist each other in carrying out the provisions of this Act.
  13. Power to call for information, etc. Any officer referred to in section 42 who is authorized in this behalf by the Central Government or a State Government may, during the course of any enquiry in connection with the
  14. 14. The print online newspaper, Controversial Punjab Police Officer Rajjit Singh dismissed for 'role in drugs trade'. What is he accused of, Chitleen K Sethi, 17 April, 2023
  15. Dawn today's paper, Cross-border drone drug smuggling: SHO, six other cops received hefty sums from traffickers, finds probe, Asif Chaudhry, 25 September, 2023
  16. The Hindustan Times, Ferozepur former DIG named accused in ₹10 lakh bribe case, Parteek Singh Mahal, 29 June, 2023
  17. The Hindustan Times, 7 Nagaland cops dismissed in state police crackdown against drug traffickers, Alice Yhoshu,

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Award Winning Article Is Written By: Ms.R.Jeevika, Tamil Nadu Dr.Ambedkar Law University
Awarded certificate of Excellence
Authentication No: OT365931381990-20-1023

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