JIST

 Recently, Bollywood star Shahrukh Khan's son Aryan Khan and a few others were taken into Narcotic Control Bureau (NCB) custody after getting caught in a rave party on a cruise ship (Mumbai Cruise Drugs Party Case). NCB claims that drugs seized from the cruise come under the purview of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).[1]Rave parties are notoriously infamous for illegal practices taking place in secrecy. Rave parties may land in trouble for safety concerns, noise pollution, cultural abuse, serving alcohol to underage or usage of drugs (MDMA, GHB, Ketamine, Flunitrazepam). Under the inuence of these drugs or even alcohol, many sexual escapades happen that would not take place if the persons involved were in their senses. Several instances of Rape and sexual molestation go unawares due to the victim's inability to remember details and the subsequent lack of proof.

1. Overview of rave culture

The rave word indicates enthusiasm, and this enthusiasm is obtained by the combination of trance music, marathon dance and drug use.[2] These parties are organised at clandestine venues and may include an island, a tunnel or even some isolated resorts. In India, this trend is becoming common in cities like Goa, Bangalore, Mumbai. Similarly, in North India, it is seen at some locations like Kullu or Kasauli where not only the Indians but foreign nationals come for rave parties. The typical music used in Rave parties is at around 120 to 140 beats per minute. The rave parties are arranged only for selected invited persons. It is a pricey affair and offers music, dance, food, alcohol, club drugs, and under the influence of intoxication, sexual activities may be facilitated. Rave parties are projected as a status symbol. Ravers attend it to temporarily escape work pressure and social isolation created by their hectic lifestyles.[3]

2. Club drugs which are commonly used in rave parties

Club drugs are the most sought element of rave parties. Agencies label it as drug abuse, but the ravers accept them as drugs of recreation. The club drugs rampant in rave parties are perceived as safe and benign compared to hard drugs. With very stringent laws like the Narcotic Drugs and Psychotropic Substances Act (NDPSAct) in our country, hard drugs are not readily available at rave parties, and that's why these club drugs are on a roll in such parties. Club drugs are also commonly used because they are challenging to detect in routine toxicological screens.

 Not much data is available regarding the types of drugs in rounds at rave parties in India. Apart from alcohol, the 'big fours' reported to be used are Ecstasy (MDMA), GHB, Ketamine and Flunitrazepam. Cannabis is likely to be frequently used. However, the most common 'substance' used is the combination of these drugs at varying proportions. Due to strict regulation by the NDPS Act, contrabands like Cocaine and Opium/heroin are rarely to be found at rave parties. The club drugs are invariably or most commonly consumed along with alcohol. Alcohol is a very important element in these rave parties. Unlike in India, designer drugs are most widely used in western countries.

 Designer drugs are the structural analogue of controlled substances. These are either new molecules that are added, or some molecules are altered to make it a new drug. The mode of administration and the pharmacological effects remain the same, like that of the original drug. Ravers prefer them as they can be easily ingested rather than the messiness of snorting, finsng, smoking or injection. Further, they are not covered by the NDPS act or the legal acts across the globe. More and more designer drugs are being designed with the same purpose that Acts do not cover them. The ambit of the NDPS act needs to be expanded so that it covers more and more designer drugs.

 When club drugs are offered to the rst-timers going to rave parties, typical points which are told are that these drugs give them cool hallucinations and a sense of euphoria. The person may not get physically addicted to his drugs. They are cheaper than hard drugs, and there is no hangover. But the rest of the story is not being revealed to such people. It damages serotonin production in the brain. It may cause seizures; it may cause delusions, and amnesia. It may cause psychological additive risk to such drugs. The most crucial element is date rape drugs. 

 Polysubstance abuse is widespread in such parties. The drugs are used in combination or associated with cannabis or alcohol.(4) Many pills sold at rave parties bear a logo; the logo indicates some drug. But commonly, the pills are being sold with multiple ingredients in the same pills.[2] The ketamine or designer drugs are deliberately packed in such tablets. These tablets will look like ecstasy tablets, but they may have some contaminants, impurities, or other polysubstance along with Ecstasy. The complications which are reported are mainly because of such polysubstance abuse. The studies show that the fatalities are rarely due to pure Ecstasy. The fatalities are mainly because of the combination of Ecstasy with alcohol or with cannabis, or for that matter, polysubstance abuse.[2]

3. Drug analysis

Drug analysis circumstances may vary and include detainees of the rave parties (including suspected peddlers and clients). Sexual assault survivors are also brought for examination where in exploitation was while under intoxication. If a person commits a nuisance to the community, either because of loud music or abusive words, he is also produced for examination. Similarly, driving under intoxication is covered under Motor Vehicle Act. What is the role of a medicecfo lar in such cases? He has to examine the accused and victims, but he has to do the proper collection of samples and employ an appropriate test of detection in such cases.  What samples need to be preserved? The blood has to be collected in grey coloured Sodium rouide vacutainer. Similarly, 50 ml of urine must be collected in a sterile container. Both must be preserved at 4° C until they are submitted for detection tests. Special precautions can be taken while collecting the samples, e.g., the sample should be collected in a room, not a bathroom, to avoid discarding urine or mixing it with water.

4. Interpretation issues of the drug analysis

These are the various screening test for multiple drugs. In recent times, kits are available to screen drugs at the place of incidence itself.  yrotamrnoCtests like UV visible absorption spectroscopy or infrared spectroscopy, or machines like GCMS, LCMS, or HPLC are required for qualitative and quantitative detection of these drugs. Identifying the drug remains an important analytical challenge, e.g., Ecstasy (MDMA)disintegrates into its metabolites (methamphetamine) and may not be detected in its purest form. On immunoassay, urine screens fail to detect around one-third of the samples.[4] Similarly, Ketamine may cross-react with phencyclidine. High-end techniques like HPLC are required to detect Ketamine, which may not be available at some of the centres.

 Gamma hydroxybutyrate, commonly used as a date rape drug, gets rapidly removed from the body. This drug is virtually undetectable if the victim comes back to her senses and reports for examination after 12 hours. Flunitrazepam is usually administered in smaller amounts and gets rapidly distributed in the body, so it is not detected after 72 hours of ingestion.[4]

 In a study in Taiwan, where urine samples of ravers were analysed, MDMA was the most common drug detected in around 75% of cases, followed by Ketamine and Methamphetamine. With regards to polysubstance abuse, it was found that the drugs were either used with Ketamine or they were used with Ecstasy. In 42% of cases, there was polysubstance abuse.[5] In the Indian scenario, we don't have enough data to speak about. In a study at Goa, out of the six fatalities due to Ecstasy, all the fatalities had consumed alcohol. Similarly, in 33% of cases, there was a concomitant consumption of cannabis.[6]

 So, what are the principles of drug analysis? The criminal penalty in the NDPS act depends on the quantity and identity of the controlled substance. Hence, the gross mass of the evidence sample needs to be determined. Then a net mass of the seized substance needs to be established. It should not be a destructive analysis, as the sample must be conserved after the analysis.

 Analytical procedures must be followed precisely, as these details may be subjected to scrutiny in a court of law. No test is perfect; that's why one must always employ the most reliable methods for detection. The results must be unambiguous. There should not be any confusion regarding these results. Similarly, one must use qualied and experienced technicians or scientists to handle these machines, as credentials and experience bear upon the reliability of a test. 

5. Legal challenges related to club drugs

One of the legal challenges related to intoxication by club drugs pertains to section 375 of the Indian Penal Code, which  senedrape. Consent for sexual activity becomes invalid if given under an intoxicated state.

 NDPS act covers both narcotic drugs and psychotropic substances.[7]The list of drugs covered under the NDPS act is ever-expanding, and up till now, around 237 drugs have been covered under this Act.[8] Punishment for offences for smaller quantities is up to 6 months, and for commercial quantities, it is up to twenty years of rigorous imprisonment. Act also denes the small quantity and the commercial quantity related to drugs. Act offers immunity to compulsive addicts through Section 27. If he volunteers for the de-addiction program, he will not be prosecuted. Some other immunities can be section 64 IPC, wherein the central government can provide immunity if the witness is offering evidence in such cases. 

Supreme Court Judgements

 Though the NDPS act was enacted in 1985, it has evolved. Various Supreme court judgements have removed the ambiguity related to seized drugs -

a. E.Michael Raj vs Intelligence Ofcer, Narcotic Control Bureau, 2008[9]

On the question of rationalisation of quantum of sentence, the Hon'ble Supreme Court stated that the legislature intended to rationalise the sentence structure so as to ensure that while drug traffickers who traffic in significant quantities of drugs are punished with deterrent sentences, the addicts and those who commit less serious offences are sentenced to less severe punishment. Under the rationalised sentence structure, the punishment would vary depending upon the quantity of offending material. It is only the actual content by weight of the narcotic drug that is relevant for determining whether it would constitute a small quantity or commercial quantity.

b. Hira Singh vs Union of India, 2020 [10]

In the above case, the Court held that the views expressed in E.Michael Raj vs Intelligence Officer, Narcotic Control Bureau, 2008 were not a good law. It further added that in case of seizure of a mixture of Narcotic Drugs or Psychotropic Substances with one or more neutral substance(s), the quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with the actual content by weight of the offending drug, while determining the small or commercial quantity of the Narcotic Drugs or Psychotropic Substances.

c. Sukhdev Singh vs The State of Punjab, 2022 [11]

Regarding the physical property of the seized compound, the Court held that the physical nature of the material is not relevant for determining whether the contents of the sample analysed were actually opium or not, and physical analysis is not prescribed under the provisions of the NDPS Act for testing opium.

 It is clear from the above Supreme Court judgements that, when a seized drug is to be analysed, it is the total quantity of the drug (actual drug and neutral substance) that has to be taken into consideration for determining the small/commercial quantity of the contraband. Similarly, its physical nature (powder / paste / liquid) is not relevant for the application of provisions of the Act.

Conclusion

 Rave party is an area of high potential threat for illegal drugs. The chances are that drugs may be offered for recreational use. If such drugs are consumed, they may contain impurities or more than one substance in them, which may even lead to fatality. In the Indian scenario, Ravers are unlikely to get peace, love, unity, respect or trance at rave parties. Instead, they land with drug abuse, legal trouble, loss of self-respect and depression. Public awareness of club drugs must be created. The ambit of the NDPS Act must be increased to cover designer drugs. Medical professionals and analytical laboratories must be vigilant about drug abuse trends and be updated with recent Supreme Court judgements related to NDPS Act.

 

References

1. Modak S. All 17 samples seized are narcotics, psychotropic drugs, NCB tells court. The Indian Express [Internet]. [cited 2 0 2 2 M a r 3 0 ] ; Available from : https://indianexpress.com/article/cities/mu mbai/all-17-samples-seized-are-narcotics-psychotropic-drugs-ncb-tells-court-7843381/

2. Weir E. Raves: a review of the culture, the drugs and the prevention of harm. JAMC. 2000;162(13):1843–8.

3. Ghosh R. Substance Use and Rave Parties-Global Scenario. International Journal of Nursing Education. 2019;11(4):97.

4. Chakraborty K, Neogi R, Basu D. Club drugs: Review of the “rave” with a note of concern for the Indian scenario. Indian Journal of Medical Research. 2011; 133:594–604.

5. Lua AC, Lin HR, Tseng Y te, Hu AR, Yeh PC.  selorPof urine samples from participants at rave party in Taiwan: Prevalence of ketamine and MDMA abuse. Forensic Science International. 2003 Sep 9;136(1–3):47–51.

6. Antony A, Suares S, Fernandes AV. A Descriptive Study on Ecstasy-Related Deaths in a Tertiary Care Center in Goa. Journal of the Indian Society of Toxicology. 2021;17(1):13–8.

7. Govt of India. The Narcotic Drugs and Psychotropic Substances Act [Internet]. Available from: http://www.cbn.nic.in/html /Acts.htm

8. Wikipedia. Drug Policy of India [Internet].[cited 2022 Mar 30]. Available from: https://en.wikipedia.org/wiki/Drug_policy_ of_India

9. Supreme Court of India. E.Michael Raj vs Intelligence Ofcer, Narcotic Control Bureau [Internet]. [cited 2022 Mar 30]. Available from: https://indiankanoon.org /doc/1813727/

10. Supreme Court of India. Hira Singh vs Union of India [Internet]. [cited 2022 Mar 30]. Available from: https://indiankanoon.org /doc/128615827/

11. Supreme Court of India. Sukhdev Singh vs The State of Punjab [Internet]. [cited 2022 Mar 3 0] . Available from: https://www.livelaw.in/pdf_upload/245-sukhdev-singh-vs-state-of-punjab-22-feb-2022-411266.pdf