DISPOSAL OF VEHICLES AND OTHER ARTICLES (INVOLVED IN THE NARCOTICS CASES) RULES, 2013
[Gazette of Pakistan, Extraordinary, Part-II, 12th March 2013]
S.R.O. 198(I)/2013, dated 11.3.2013.—In exercise of the powers conferred by sub-section (1) of Section 77 of the Control of Narcotics Substances Act, 1997 (XXV of 1997), read with second proviso to sub-section (2) of Section 33 thereof, the Federal Government is pleased to make the following rules, namely:—
1. Short title, commencement and application.—(1) These rules may be called the Disposal of Vehicles and other Articles (Involved in the Narcotics Cases) Rules, 2013.
(2) They shall come into force at once.
(3) These rules shall apply to—
(a) articles other than narcotic drug, psychotropic substance or controlled substance, connected with narcotic offences under the Act and other things which are liable to speedy and natural decay; and
(b) vehicles, vessels and other conveyances used for the commission of narcotics offences under the Act.
2. Definitions.—(1) In these rules, unless there is anything repugnant in the subject to contest—
(a) "Act" means the Control of Narcotic Substances Act, 1997 (XXV of 1997);
(b) "articles" means and includes anything, other than conveyance or narcotic drug or psychotropic substances or controlled substance used in commission of an offence and seized, frozen or confiscated under the Act;
(c) "auctioneer" means the Headquarters Anti-Narcotics Force and includes the Regional Directorates Anti-Narcotics Force or other Law Enforcement Agencies or auction committees;
(d) "authority" means Director General, Anti-Narcotics Force or Head of other Law Enforcement Agencies or any other officer not below the rank (grade) of BPS-20 nominated by the authority;
(e) "bid" means the price offered at an auction by a bidder for vehicles or any article put to auction;
(f) "bidder" means the person who gives a bid;
(g) "conveyance" means a conveyance of any description whatsoever and includes any vehicle, vessel, ship, boat, aircraft, railways or animal used for the commission of an offence and seized, frozen or confiscated under the Act;
(h) "Director General" means the Director General of the Anti-Narcotics Force;
(i) "law enforcement agencies" means the members of the law enforcement agencies who are empowered to exercise the powers and performs the functions under Notification No. SRO 787(I)/2004, dated the 16th September, 2004; and
(j) "offer" means a private offer or tender submitted before or during the auction for acceptance of the bid;
(k) "Regional Director" means the Regional Director of the Anti-Narcotics Force; and
(l) "reserve price" means the minimum price acceptable to the authority for sale of a particular conveyance or article.
(2) The words and expressions used, but not defined herein, shall have the same meanings as are assigned to them in the Act.
3. Approval of vehicles and articles for auction.—(1) The concerned Regional Directorate, Anti-Narcotics Force or other Law Enforcement Agencies shall, after submission of challan, forward list of seized, frozen and confiscated case property or vehicles required to be auctioned to the Director General or Head of other Law Enforcement Agency for approval. The list of vehicles should contain the following details, namely:—
(a) first information report or case number;
(b) Court order or decision;
(c) model of the vehicles;
(d) condition of the vehicles;
(e) photograph of the vehicles;
(f) approximate market value; and
(g) reserve price.
(2) The Director General Anti-Narcotics Force or Head of other Law Enforcement Agency shall, on receipt of above information or on his own motion, pass orders directing the sale of seized, frozen or confiscated vehicles and shall approve, or cause the reserved price determined for each vehicle separately.
(3) The reserve price shall consist of the appraised price, duties or tax and any other charges.
(4) The reserve price committee shall consist of following officers:—
(a) Regional Director of concerned Regional
Directorate or an officer (BPS-20) of
concerned other Law Enforcement
(b) Joint Director (BPS-19) of respective
Regional Directorate or an officer
of (BPS-19) of other Law Enforcement
(c) Representative of Enforcement Directorate
Headquarters Anti-Narcotics Force
(BPS-18/19) or an officer of (BPS-18/19)
of other Law Enforcement Agencies. Member
(d) Mechanical Transport Officer or
Mechanical Transport Junior
Commissioned Officer of the
concerned Regional Directorate or an
officer of concerned other Law
Enforcement Agencies. Member
(e) Representative of Ministry of Narcotics
Control (BPS-19) or an officer of (BPS-19)
of concerned Ministry or Department of
other Law Enforcement Agencies. Member
(5) Reserve price i.e appraised price etc. for locally assembled or registered seized or confiscated vehicles to be ascertained or appraised by the reserve price committee by obtaining assessed prices based on type, model and physical ground conditions of the vehicles as per government rules or procedures, and the same will be forwarded to Headquarters Anti-Narcotics Force for approval by Director General Anti-Narcotics Force or Head of other Law Enforcement Agencies.
(6) Authority to approve Reserve Price for locally assembled or registered and imported vehicles having paid all Government taxes and properly registered shall rest with Director General Anti-Narcotics Force or an officer of BPS-20 of respective other Law Enforcement Agencies.
(7) Custom Duties and Taxes related to smuggled or imported un-registered vehicles be got appraised from custom authorities of respective Province by concerned Regional Directorate, Anti-Narcotics Force or the concerned office of other Law Enforcement Agencies and be included in reserve price of the vehicles.
(8) The articles liable to speedy and natural decay shall be sold or disposed of by the concerned Force Commander or officer of BPS-20 of other Law Enforcement Agencies with the approval of authority in writing after approval of the Court.
(9) All articles or vehicles may be put to bid in convenient lots so as to obtain the highest possible bid.
4. Auction Committee.—The auction committee shall consist of following namely:—
(a) Regional Director of respective Regional
Directorate or an officer of BPS -20
of other Law Enforcement Agencies. Chairman
(b) Joint Director (BPS-19) of respective
Regional Directorate or an officer of
(BPS-19) of other Law Enforcement