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Control Of Narcotic Substances Act, 1997

CONTENTS

 
Preamble
 
Preamble  
CHAPTER I
 
PRELIMINARY
 
1. Short title, extent and commencement  
2. Definitions  
3. Calculation of percentages in liquid preparations  
CHAPTER II
 
PROHIBITION AND PUNISHMENT
 
4. Prohibition of cultivation of narcotic plants  
5. Punishment for contravention of section 4  
6. Prohibition of possession of narcotic drugs etc  
7. Prohibition of import or export of narcotic drugs, etc  
8. Prohibition on trafficking or financing the trafficking of narcotic drugs etc  
9. Punishment for contravention of sections 6, 7 and 8  
10. Prohibition on owning, operating premises or machinery for manufacture of narcotic drugs, etc  
11. Punishment for contravention of Section 10  
12. Prohibition of acquisition and possession of assets derived from narcotic offences  
13. Punishment for contravention of section 12  
14. Prohibition on aiding, abetment or association in narcotic offences  
15. Punishment for contravention of Section 14  
16. Punishment for offence for which no punishment is provided  
17. Obstructions to officers  
18. Limit of fine, etc  
19. Forfeiture of assets of an offender  
CHAPTER III
 
SEARCH AND INVESTIGATION
 
20. Power to issue warrants  
21. Power of entry, search, seizure and arrest without warrant  
22. Power to seizure and arrest in public places  
23. Power to stop and search conveyance  
24. Undercover and controlled delivery operations  
25. Mode of making searches and arrest  
26. Punishment for vexatious entry, search, seizure or arrest  
27. Disposal of persons arrested and articles seized  
28. Powers to invest officers of law enforcement agencies with powers of an officer-in-charge of a police station  
29. Presumption from possession of illicit articles  
30. Presumption as to documents in certain cases  
31. Power to call for information  
32. Articles connected with narcotics  
33. Procedure for making confiscation  
34. Federal Narcotics Testing laboratory, etc  
35. Government Analyst  
CHAPTER IV
 
FREEZING AND FORFEITURE OF ASSETS
 
37. Freezing of assets, etc  
38. Tracing of assets  
39. Order for forfeiture of assets  
40. Forfeiture of assets of person convicted abroad  
41. Prohibition of alienation of freezed property  
42. Punishment for acquiring property in relation to which proceedings have been taken under this Act  
43. Power to take possession  
44. Management of assets frozen or forfeited under the Act.  
CHAPTER V
 
SPECIAL COURTS
 
45. Jurisdiction to try offences  
46. Establishment of Special Courts  
47. Application of the Code of Criminal Procedure, 1898  
48. Appeal  
49. Transfer of cases  
50. Special Prosecutor  
51. No bail to be granted in respect of certain offences  
CHAPTER VI
 
TREATMENT AND REHABILITATION OF ADDICTS
 
52. Registration of addicts  
53. Powers of the Government to establish centers for treatment of addicts  
CHAPTER VII
 
NATIONAL FUND FOR CONTROL OF DRUG ABUSE
 
54. National fund for control of drug abuse  
55. Annual Report of the activities financed out of the Fund.-  
CHAPTER VIII
 
INTERNATIONAL CO-OPERATION
 
56. Authority to make and act on mutual legal assistance requests  
57. Mutual legal assistance requests by Pakistan  
58. Foreign requests for assistance  
59. Foreign requests for an evidence-gathering order or a search warrant  
60. Foreign requests for assistance from detained persons  
61. Foreign persons in Pakistan in response to a Pakistan request  
62. Foreign requests for Pakistan restraining orders  
63. Requests for enforcement of foreign confiscation or restraining orders  
64. Requests to recover foreign fines  
65. Sharing forfeited property with foreign States  
66. Extradition  
CHAPTER IX
 
GENERAL
 
67. Reporting of suspicious financial transactions  
68. Presumption to the assets acquired through dealing in narcotics  
69. Departments to render assistance to the Special Courts, etc.  
70. Notice or order not to be invalid for error in description  
71. Delegation  
72. Application of the Customs Act, 1969  
73. Saving of provincial and special laws  
74. Application of other laws  
75. Indemnity  
76. Ordinance to override other laws  
77. Power to made rules  
78. Repeal and saving  
SCHEDULE
 
PSYCHOTROPIC SUBSTANCES  
 

 

Preamble

 

ACT NO. XXV OF 1997

 

11th July, 1997]

            An Act to consolidate and amend the laws

relating to narcotic drugs and psychotropic substances

 

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 7th July, 1997 is hereby published for general information:-

WHEREAS It is expedient to consolidate and amend the laws relating to narcotic drugs, psychotropic substances, and control the production, processing and trafficking of such drugs and substances;

            AND WHEREAS it is expedient to regulate the treatment and rehabilitation of narcotic addicts and for matters connected therewith and incidental thereto;

It is hereby enacted as follows: —

CHAPTER I
 
PRELIMINARY
1. Short title, extent and commencement
 

(1) This Act may be called the control of narcotic Substances Act, 1997.

(2)               It extends to the whole of Pakistan.

(3)               It shall come into force at once

   2. Definitions
 

In this Act, unless there is anything repugnant in the subject or context,—

(a)       “addict” means a person physically or mentally dependent on any narcotic drug or psychotropic substance or a person who habitually uses narcotic drugs or psychotropic substances;

(b)       “assets” means any property owned, controlled or belonging to an accused, whether directly or indirectly, or in the name of his spouse or relatives or associates whether within or without Pakistan for which they cannot reasonably account;

(c)               “associate”, in relation to an accused, means—

(i)                 any individual who is, or has, at the relevant time been ordinarily residing in the residential premises, including out-houses and servant-quarters of an accused;

(ii)               any individual who, is or has, at the relevant time been managing the affairs or keeping the accounts of an accused;

(iii)             any association of persons, body of individuals, firm or private limited company within the meaning of companies Ordinance, 1984 (XLVII of 1984), of which an accused is, or has, at the relevant time been a member, partner or director;

(iv)             any individual who is, or has been, at the relevant time a member, partner or director of any association of persons, body of individuals, firm or a private limited company referred to in sub-clause (iii);

(v)               a trustee of any trust created by an accused; or

(vi)             where the Special Court, for reasons to be recorded, considers that any property of an accused is held on his behalf by any other person, such other person;

(d)       “cannabis (hemp)” means—

(i)                 cannabis resin (charas) that is, the separated resin, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish.

(ii)               The flowering or fruiting tops of the cannabis plant (excluding the seed and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated or known; and

(iii)             Any mixture with or without neutral materials of any of the above forms of cannabis or any drink prepared therefrom;

(e)        “cannabis plant” means any plant of the genus cannabis;

(f)        “coca bush” means the plant of any species of the genus Erythroxylon;

(g)               “coca derivative” means—

(i)         crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture or production of cocaine;

(ii)               ecgonine, that is, leavoecgonine having the chemical formula C9H15No3H2O and all chemical derivatives of leavo-ecgonine including benzoylecgonice from which it can be recovered;

(iii)             cocaine, that is, methyl-benzoyl- leave-ecgonine having the chemical formula C17H21Noand its salts; and

(iv)             all preparations containing more than 0.1 per cent fo cocaine;

(h)               “coca leaf” means:-

(i)         the leaf of the coca bush except a leaf from which all ecgonine, cocaine or any other ecgonine alkaloids have been removed;

(ii)               any mixture thereof, with or without neutral material, but does not include any preparation containing not more than 0.1 per cent of cocaine;

(j)         “controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances or chemical precursors to pass out of, through or into Pakistan, with the knowledge and under the supervision of the Federal Government with a view to identifying persons involved in the commission of offences cognizable under this Act;

(k)        “controlled substance” means any substance which may be used for the production or manufacture of narcotic drugs or psychotropic substance;

(l)         “conveyance” means a conveyance of any description whatsoever and includes, any aircraft, vehicle, vessel, railways or animal;

(m)      “Director-General” means Director-General of the Anti-Narcotics Force or any other officer appointed by the Federal Government to perform the duties and functions of the Director-General under this Act;

(n)       “foreign court” means a court of competent jurisdiction of a foreign country recognised by the Federal Government from tike to time;

(o)        “freezing” means prohibiting by an order made by the Special Court or an officer authorised under this Act the transfer, conversion, disposal or movement of any assets and includes the holding, controlling, assuming custody or managing any assets in pursuance of such order and, in the case of assets which are perishable the disposal thereof;

(p)       “manufacture”, in relation to narcotic drugs or psychotropic substances, includes:-

(i)         all processes by which such drugs or substances may be obtained;

(ii)        refining of such drugs or substances;

(iii)             transformation of such drugs or substances; and

(iv)             making or preparing such drugs or substances;

(q)               “manufactured drug” includes:-

(i)         all coca derivatives, medicinal hemp, opium derivatives, cannabis in any form and any mixture of stalks and flowering or fruiting tops of the Indian hemp plant (cannabis sativa L.) Acetic anhydride; and

(ii)        any other narcotic substance which the Federal government may, by notification in the official Gazette made in pursuance of recommendations of any International Convention or otherwise, declare to be a manufactured drug;

(r)                “medicinal hemp” means any extract or tincture of hemp;

(s)                “narcotic drug” means coca leaf, cannabis, heroin, opium, poppy straw and all manufactured drugs;

(t)                 “opium” means:-

(i)         poppy straw, that is to say, all parts of the poppy plant (papaver somniferum or any other species of Papaver) after mowing, other than the seeds,

(ii)        the spontaneously coagulated juice of capsules of poppy which has not been submitted to any manipulations other than those necessary for packing and transport; and

(iii)       any mixture, with or without natural materials, of any of the above forms of opium, but does not includes any preparation containing not more than 0.2 per cent of morphine;

(u)               “opium derivative” includes:-

(i)         medicinal opium, that is, opium which has undergone the process necessary to adapt it for medicinal use;

(ii)        prepared opium, that is, opium which has undergone the process necessary to operations designed to transform opium into an extract suitable for smoking, and the dross or other residue remaining after opium is smoked;

(iii)       morphine, that is, the principal alkaloid of opium having the chemical formula C17H19NO3 and its salts;

(iv)       diacetylmorphine, that is, the semi synthetic substance, also known as diamorphine or heroin, having the chemical formula C21H23NO5 and its salts; and

(v)        all preparations containing more than 0.2 per cent of morphine, or containing any diacetylmorphine;

(w)      “poppy straw” means all the parts, except the seeds, of the opium poppy after mowing;

(x)        “Poppy straw concentrate” means the material obtained after the poppy straw has been subjected to a process for the concentration of its alkaloids;

(y)        “Prescribed” means prescribed by rules made under this Act;

(z)        “Property” includes:-

(i)         all forms of property, whether corporeal or incorporeal, moveable or immovable, tangible or intangible, real estate or personal property of every description;

(ii)        property used to commit, or to abet the commission of, an offence punishable under this Act;

(iii)       all kinds of shares or interest in an corporate body, company, firm, business concern, society