Federal · Act · 1997

Control of Narcotic Substances Act (CNSA), 1997

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THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997

SCHEDULE

___________________

THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997

1ACT NO. XXV OF 1997

An Act to consolidate and amend the laws relating to narcotic drugs and psychotropic substances

WHEREAS it is expedient to consolidate and amend the laws relating to narcotic s drugs, psychotropic substances, 2[controlled substances] and control the production, processing and trafficking of such drugs and 2[to provide for forfeiture of property derived from or used in illicit traffic in narcotic drugs, psychotropic substances and controlled substances and to implement the provisions of the international conventions on narcotic drug s, psychotropic substances and controlled 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

Section 1. Short title 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.

Section 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 ;

(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 ;

1 This Act shall apply to FATA, vide S.R.O. No. 1295(I)/98, dated 16-11-1998.

2 Ins. and subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s. 2.

(iii) any association of persons, body of individuals, firm or private limited company within the meaning of 1[Companies Act, 2017 (XIX of 2017) and the Limited Liability Partnership Act, 2017 (XV of 2017)], 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 1[and include all forms known as bhang, siddhi or ganja]; 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, leave-ecgonine having the chemical formula C9H15NO3H2O and all chemical derivatives of leavo-ecgonine including benzoylecgonine from which it can be recovered;

(iii) cocaine, that is, methyl -benzoyl-leave-ecgonine having the chemical formula C17H21NO4 and its salts; and

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

1 Subs. and Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s. 3.

(h) “coca leaf” means__

(i) the leave 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 1[or which is declared to be a controlled substance and given in the Schedule-II pursuant to the provision of any international convention, and by notification in the official Gazette by the divison concerned,];

(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 F orce or any other officer appointed by the Federal Government to perform the duties and functions of the Director-General under this Act; and

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

1[(oa) “illicit traffic” in the relation to narcotic drugs, psychotropic substances or controlled substances means __

(i) cultivating any coca plant or gathering any portion of cocoa plant;

(ii) cultivating the opium poppy or any cannabis plant or gathering in any portion of opium poppy or cannabis plant;

1 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s. 3.

(iii) engaging in the production, manufacture, possession, sale, purchase, transportation, wareho using, concealment, use or consumption, import into P akistan, export from Pakistan or transship any narcotic drugs or psychotropic substances or controlled substances;

(iv) dealing in any activities in narcotic drugs or psychotropic substances or controlled sub stances other than those referred to in sub -clauses (i) to (iii);

(v) handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv);

(vi) financing directly or indirectly any of the aforementioned activities;

(vii) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; or

(viii) harboring persons engaged in any of the aforementioned activities.;

(ob) “international convention” means__

(i) the Single Convention on Narcotic Drugs done at New York on the 30th March, 1961, as amended by the 1972 Protocol done at Geneva on the 25th March, 1972;

(ii) the Convention Against Psychotropic S ubstances done at Vienna on the 21st February, 1971;

(iii) the Un ited Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on the 20 th December, 1988; and

(iv) any other international convention to which Pakistan may become party in future relating in whole or in par t to the control of drugs of abuse, controlled chemicals or controlled equipments;]

(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 include 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, any product of opium obtained by any series of 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 semisynthetic substance, also known as diamorphine or heroin, having the chemical formula C 21 H23NO5 and its salts; and

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

(v) “opium poppy” means the plant of the species Papaver Somniferum L;

(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, movable 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 any corporate body, company, firm, business concern, society or fund; and

(iv) all documents of title to land, goods or property wherever situated, money or valuable security issued by the Government;

(za) “psychotropic substance” means the substances, specified in the 1[Schedule-I] to this Act and such substances as the Federal Government may, by notification in the official Gazette, declare to be a psychotropic substance;

(zb) “relative”, in relation to an accused, means the spouse or any lineal descendant of the accused and includes any other person holding property for or on his behalf;

(zc) “Special Court” means the Special Court established under section 46 or any other c ourt empowered to exercise the powers of the Special Court under this Act; and

(zd) “tracing” means the finding out the true nature, source, disposition, movement or ownership of assets and includes determining the movement or conversion of assets by any means, and “trace” shall be construed accordingly.

Section 3. Calculation of percentages in liquid preparations

The Federal Government may make rules prescribing the methods by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (g), (h), (t) and (u) of section 2 :

Provided that, unless and until such rules are made, such percentages shall be calculated on the basis that a preparation containing one per cent of a substance means a preparation in which one gram of the substance, if a solid, or one milliliter of the substance, if a liquid, is contained in every one hundred milliliters of the preparation, and so in proportion for any greater or less percentage.

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s. 3.

CHAPTER II

PROHIBITION AND PUNISHMENT

Section 4. Prohibition of cultivation of narcotic plants

No one shall cultivate 1[or let his land for cultivation or giv e possession for cultivation of ] any cannabis plant, coca bush or opium poppy, or gather any portion of a cannabis plant, coca bush or opium poppy:

Provided that the Federal Government or a Provincial Government authorised by the Federal Government may, subject to such conditions as it may prescribe, permit under a licence cultivation or gathering of any such narcotic plant or any portion thereof exclusively for medical, scientific or industrial purposes.

Section 5. Punishment for contravent ion of s ection 4

Whoever contravenes the provisions of section 4 shall be punishable with imprisonment which may extend to seven years 1[but shall not be less than one year and also be liable to fine].

Section 6. Prohibition of possession of narcotic drugs, etc

No one shall produce, manufacture, extract, prepare, possess, offer for sale, sell, purchase, distribute, deliver on any terms whatsoever, transport, despatch, any narcotic drug, psychotropic substance or controlled substance, except for medical, scientific or industrial purposes in the manner and subject to such conditions as may be specified by or under this Act or any other law for the time being in force.

Section 7. Prohibition of import or export of narcotic drugs, etc

(1) No one shall__

(a) import into Pakistan;

(b) export from Pakistan;

(d) transship.

any narcotic drug, psychotropic substance or controlled substance, save in accordance with rules made under sub-section (2) and in accordance with the conditions of any licence, permit or authorization for that purpose which may be required to be obtained under those rules.

(2) The Federal Government may make rules permitting and regulating the import into and export from Pakistan, tra nsport within Pakistan and tran shipment of narcotic drugs, psychotropic substances or controlled substances, and such rules may prescribe the ports or places at which any kind of narcotic drug, psychotropic substance or controlled substance may be imported, exported, transported within Pakistan or transhipped, the form and conditions of licence, permit or authorities by which such licences, permits or authorization may be granted, the fees that may be charged therefor, any other matter required to have effective control of the Federal Government ove r such import, export, transportation and transshipment.

Section 8. Prohibition on trafficking or financing the trafficking of narcotic drugs etc

No one shall—

(a) organize, manage, traffic in, or finance the import, transport, manufacturing or trafficking of, narcotic drugs, psychotropic substances or controlled substances; or

(b) use violence or arms for committing or attempt to commit an offence punishable under this Act.

1 Ins. and subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss.4 - 5.

[1] Section 9. Punishment for contravention of Sections 6, 7 and 8

(1) Whoever contravenes the provisions of section 6,7 and 8 regarding narcotic drugs shall be punished with punishment as given in column (3) of the TABLE below with regard to offence committed as mentioned in column

(2) thereof, namely:___ TABLE

S. No Offence Punishment Type of Narcotics Quantity

(1) (2) (3) 1 Bhang (a) Up to 999 grams. imprisonment which may extend to three years but shall not be less than six months along -with fine which may be up to ten thousand rupees.

(b) 1000 grams to 9999 grams. imprisonment which may extend to seven years but shall not be less than three years along -with fine which may be up to one hundred thousand rupees but not less than ten thousand rupees.

(c) 10000 grams to 19999 grams. imprisonment which may exte nd to fourteen years but shall not be less than seven years along -with fine which may be up to two hundred thousand rupees but not less than one hundred thousand rupees.

(d) 20000 grams or more. imprisonment which may extend to life imprisonment but shall not be less than fourteen years along-with fine which shall not be less than two hundred thousand rupees. 2 Post or poppy straw (a) Up to 999 grams.

imprisonment which may extend to four years but shall not be less than eight months along -with fine which may be up to twenty thousand rupees.

(b) 1000 grams to 9999 grams. imprisonment which may extend to eight years but shall not be less than four years along -with fine which may be up to two hundred thousand rupees but shall not be less than twenty thousand rupees.

(c) 10000 grams to 14999 grams. imprisonment which may extend to fourteen years but shall not be less than eight years along-with fine which may be up to three hundred thousand rupees but not less than two hundred thousand rupees.

(d) 15000 grams or more. imprisonment which may extend to life imprisonment but shall not be less than fourteen years along-with fine which shall not be less than three hundred thousand rupees.

1 Subs. by the control of narcotic substances (Amdt) substances Act 2022 (XX of 2022) s.6.

S. No Offence Punishment Type of Narcotics Quantity

(1) (2) (3) 3 Charas (a) Up to 499 grams. imprisonment which may extend to five years but shall not be less than ten months along -with fine which may be up to forty thousand rupees.

(b) 500 grams to 999 grams. imprisonment which may extend to nine years but shall not be less than five years along -with fine which may be up to eighty thousand rupees but not less than forty thousand rupees.

(c) 1000 grams to 4999 grams. imprisonment which may extend to fourteen years but shall not be less than nine years along -with fine which may be up to four hundred thousand rupees but not less than eighty thousand rupees.

(d) 5000 grams to 9999 grams. imprisonment which may extend to twenty years but shall not be less than fourteen years along -with fine which may be up to eight hundred thousand rupees but not less than four hundred thousand rupees.

(e) 10000 grams or more. imprisonment which may extend to life imprisonment but shall not be less than twenty years along-with fine which shall not be less than eight hundred thousand rupees. 4 Hashish oil and liquid Hashish

(a) Up to 499 grams.

imprisonment which may exten d to seven years but shall not be less than fourteen months along-with fine which may be up to forty thousand rupees.

(b) 500 grams to 999 grams. imprisonment which may exten d to fourteen years but shall not be less than seven years along -with fine which may be up to eighty thousand rupees but not less than forty thousand rupees.

(c) 1000 grams to 4999 grams. imprisonment which may exten d to twenty years but shall not be less than fourteen years along-with fine which may be up to four hundred thousand rupees but not less than eighty thousand rupees.

(d) 5000 grams or more. imprisonment which may extend to life imprisonment but shall not be less than twenty years along-with fine which shall not be less than four hundred thousand rupees. 5 Opium (a) Up to 499 grams.

imprisonment which may extend to six years but shall not be less than one year along -with fine which may be up to fifty thousand rupees.

S. No Offence Punishment Type of Narcotics Quantity

(1) (2) (3)

(b) 500 grams to 999 grams. imprisonment which may extend to nine years but shall not be less than six years along-with fine which may be up to one hundred thousand rupees but not less than fifty thousand rupees.

(c) 1000 grams to 2999 grams. imprisonment which may exten d to twelve years but shall not be less than nine years along -with fine which may be up to three hundred thousand rupees but not less than one hundred thousand rupees.

(d) 3000 grams to 4999 grams. imprisonment which may extend to fif teen years but shall not be less than twelve years along -with fine which may be up to five hundred thousand rupees but not less than three hundred thousand rupees.

(e) 5000 grams to 7999 grams. imprisonment which may extend to twenty years but shall not be less than fifteen years along -with fine which may be up to eight hundred thousand rupees but not less than five hundred thousand rupees.

(f) 8000 grams or more. imprisonment which may extend to life imprisonment but shall not be less than twenty years along-with fine which shall not be less than eight hundred thousand rupees. 6 Heroin and morphine (a) Up to 99 grams.

imprisonment which may extend to seven years but shall not be less than eighteen months along-with fine which may be up to twenty five thousand rupees.

(b) 100 grams to 499 grams. imprisonment which may exten d to ten years but shall not be less than seven years along -with fine which may be up to one hundred and twenty-five thousand rupees but not less than twenty five thousand rupees.

(c) 500 grams to 1999 grams. imprisonment which may exten d to fourteen years but shall not be less than ten years along-with fine which may be up to five hundred thousand rupees but not less than one hundred and twenty-five thousand rupees.

(d) 2000 grams to 3999 grams. imprisonment which may extend to twenty years but shall not be less than fourteen years along-with fine which may be up to one million rupees but not less than five hundred thousand rupees.

(e) 4000 grams to 5999 grams. imprisonment may be for life but shall not be less than twenty years along-with fine which may be up to one and half million rupees but shall not be less than one million rupees.

S. No Offence Punishment Type of Narcotics Quantity

(1) (2) (3)

(f) 6000 grams or more. 1[* * *] imprisonment which shall not be less than life along-with fine which may extend to two million but shall not be less than one and half million rupees. 7 Cocaine (a) Up to 99 grams.

imprisonment which may extend to seven years but shall not be less than eighteen months along-with fine up to fifty thousand rupees.

(b) 100 grams to 999 grams. imprisonment which may exten d to fifteen years but shall not be less than seven years along -with fine which may be up to five hundred thousand rupees but not less than fifty thousand rupees.

(c) 1000 grams to 4999 grams. imprisonment which may extend to twenty years but shall not be less than fifteen years along -with fine which may be up to two million and five hundred thousand rupees but not less than five hundred thousand rupees.

(d) 5000 grams or more. 1[* * *] imprisonment for life but imprisonment shall not be less than twenty years along -with fine which shall not be less than two million and five hundred thousand rupees.

Provided that if an offence is committed relating to narcotic drug inside or near a school, college, university, educational setting or any other educational institution maximum punishment

provided for that offence shall be awarded:

Provided further that if any person who has previously been convicted for any offence under this Act is su bsequently convicted for the offence relating to narcotic drug, he shall be convicted with maximum punishment provided for that offence.

Sr. No Offence with regard to quantity of psychotropic substance Punishment

(1) (2) (3) 1 Up to 20 grams. Imprisonment which may extend to one year but shall not be less than two months along -with fine which may be up to fifty thousand rupees.

1Omitted by Act XXXVIII of 2023, s.2.

Sr. No Offence with regard to quantity of psychotropic substance Punishment

(1) (2) (3) 2 More than 20 grams and up to 50 grams. Imprisonment which may extend to two years but shall not be less than one year along -with fine which may be up to one hundred thousand rupees. 3 More than 50-grams and up to 100 grams. Imprisonment which may extend to three years but shall not be less than two years along -with fine which may be up to two hundred thousand rupees. 4 More than 100-grams and up to 500 grams. Imprisonment which may extend to five years but shall not be less than three years along -with fine which may be up to four hundred thousand rupees. 5 More than 500-grams and up to one kilo grams. Imprisonment which may extend to seven years but shall not be less than five years along -with fine which may be up to eight hundred thousand rupees. 6 More than one kilo grams and up to two kilo grams. Imprisonment which may extend to ten years but shall not be less than seven years along-with fine which may be up to twelve hundred thousand rupees. 7 More than two kilo grams and up to three kilo grams. Imprisonment which may extend to fourteen years but shall not be less than ten years along-with fine which may be up to sixteen hundred thousand rupees. 8 More than three kilo grams and up to four kilo grams. Imprisonment which may extend to twenty years but shall not be less than fourteen years along-with fine which may be up to eighteen hundred thousand rupees. 9 Exceeding four kilo grams. Imprisonment which shall not be less than life imprisonment along-with fine which shall not be less than two million rupees.

Provided that if any offence is committed relating to psychotropic substance inside or near a school, college, university, educational setting or any other educational institution, he shall be punishable with maximum punishment provided for that offence:

Provided further that if any person who has previously been convicted for any offence under this Act is subsequ ently convicted for the offence relating to psychotropic substance and quantity does not exceed two kilograms than he shall be convicted with maximum punishment provided for that offence:

Provided also that if the quantity of psychotropic substance in sub sequent offence exceeds two kilograms, the punishment shall not be less than life imprisonment.

Provided furher that if recovered psychotropic substance is methamphetamine (ICE) given at serial number 47 of the Schedule -I to this Act and quantity exceeds four kilograms, punishment 1[shall be] life imprisonment and fine which may not be less than two and half million.

(3) Whoever contr avenes the provisio ns of section s 6, 7 and 8 regarding controlled substances specified in Table-I and Table-II of the Schedule-II shall be punishable with punishment

1Subs. by Act XXXVIII of 2023, s.2.

given in column (3) of the following Table -I and Table -II respectively with regard to offence committed as mentioned in column (2) thereof, namely:___ TABLE-I

Sr. No Offence with regard to quantity of controlled substance Punishment

(1) (2) (3) 1 Up to 100 grams. Imprisonment which may extend to six months but shall not be less than two months along-with fine which may be up to twenty-five thousand rupees. 2 More than 100 grams and up to 500 grams. Imprisonment which may extend to one year but shall not be less than six months along-with fine which may be up to fifty thousand rupees. 3 More than 500 grams and up to one kilo grams. Imprisonment which may extend to three years but shall not be less than one year along-with fine which may be up to one hundred thousand rupees. 4 More than one kilo grams and up to two kilo grams. Imprisonment which may extend to five years but shall not be less than three years along -with fine which may be up to one hundred and fifty thousand rupees. 5 More than two kilo grams and up to five kilo grams. Imprisonment which may extend to seve n years but shall not be less than five years along -with fine which may be up to three hundred thousand rupees. 6 More than five kilo grams and up to seven kilo grams. Imprisonment which may extend to te n years but shall not be less than seven years along -with fine which may be up to five hundred thousand rupees. 7 More than seven kilo grams and up to ten kilo grams. Imprisonment which ma y extend to fourteen years but shall not be less than t en years alo ng-with fine which may be up to seven hundred thousand rupees. 8 Exceeding ten kilo grams. Imprisonment which shall not be less than life imprisonment along -with fine which may be up to one million rupees.

TABLE-II

Sr. No Offence with regard to quantity of controlled substance Punishment

(1) (2) (3) 1 Up to one kilo grams. Imprisonment which may extend to six months but shall not be less than two months along-with fine which may be up to ten thousand rupees. 2 More than one kilo grams and up to three kilo grams. Imprisonment which may extend to on e year but shall not be less than six months along-with fine which may be up to fifty thousand rupees.

Sr. No Offence with regard to quantity of controlled substance Punishment

(1) (2) (3) 3 More than three kilo grams and up to five kilo grams. Imprisonment which may extend to three years but shall not be less than one year along -with fine which may be up to one hundred thousand rupees. 4 More than five kilo grams and up to ten kilo grams. Imprisonment which may extend to five years but shall not be less than three years along -with fine which may be up to two hundred thousand rupees. 5 More than ten kilo grams and up to twenty kilo grams. Imprisonment which may extend to seven years but shall not be less than five years along -with fine which may be up to three hundred thousand rupees. 6 More than twenty kilo grams and up to thirty kilo grams. Imprisonment which may extend to ten years but shall not be less than five years along -with fine which may be up to five hundred thousand rupees. 7 More than thirty kilo grams and up to fifty kilo grams. Imprisonment which may extend to fourteen years but shall not be less than ten years along -with fine which may be up to seven hundred thousand rupees. 8 Exceeding fifty kilo grams. Imprisonment shall not be less than life imprisonment along-with fine which may be up to one million rupees.

Provided that if any person who has previously been convicted for any offence under this Act, is subsequently convicted for the offence relating to controlled substances and quantity does not exceed from six kilograms then he shall be convicted with maximum punishment provided for that offence:

Provided further that when th e quantity of controlled substances in subsequent offence exceeds from six kilograms the accused shall be punished not less than life imprisonment:

Provided further also that if any accused is found guilty of trafficking narcotic drug , psychotropic substance or controlled substance into Pakistan or from Pakistan, he shall be convicted with maximum punishment provided for that offence. 9(A) (l) Notwithstanding anything contained in any other law or prison rules for the time being in force, no remissions in any sentence shall be allowed to a person, who is convicted under this Act:

Provided that in case of a juvenile or female convicted and sentenced for an offence under this Act, remission, may be granted as deemed appropriate by the Federal Government.

(2) Notwithstanding anything contained in any law or rules for the time being in force, neither probation in any sentence shall be allowed nor any accused convicted under this Act shall be released on parole:

Provided that if the convicted accused is a juvenile or female, he can be released on probation

on parole as per relevant laws and rules.

(3) Notwithstanding anything contained in any other law for time being in force, imprisonment for life under this Act means imprisonment in jail for the period of twenty-five years.]

Section 10. Prohibition on owning, operating premises or machinery for manufacture of narcotic drugs, etc

No one shall own, manage, operate or control any premises, place, equipment or machinery for the purpose of manufacture or production of cannabis, cocaine, opium, opium derivatives, narcotic drugs, psychotropic substance or controlled substance save in accordance with the conditions of a licence and payment of such fees as may be prescribed.

Section 11. Punishment for contravention of Section 10

Whoever contravenes the provisions of section 10 shall be punishable with imprisonment which may extend to twenty-five years but shall not be less than ten years and shall also be liable to fine which shall not be less than one million rupees.

Section 12. Prohibition of acquisition and possession of assets derived from narcotic offences

No one shall knowingly___

(a) possess, acquire, use, convert, assign or transfer any assets which have been derived, generated or obtained, directly or indirectly, either in his own name or in the name of his associates, relatives or any other person through an act or omission relating to narcotic substances which constitutes an offence punishable under this Act, the Customs Act, 1969 (IV of 1969), the Prohibition (Enforcement of Hadd) Order, 1979 (P.O. No. 4 of 1979), under any other law for the time being in force, or constituted an offence under any law repealed by this Act, the Control of Narcotic Substances Ordinance, 1996 (XCIV of 1996) or any other law repealed by this Act;

(b) hold or possess on behalf of any other person any assets referred to in clause (a); and

Section 13. Punishment for contravention of section 12

Whoever contravenes the provisions of section 12 shall be punishable with imprisonment which may extend to fourteen years but shall not be less than five years and shall also be liable to fine which shall not be less than the prevailing value of the assets and such assets shall also be liable to forfeiture to the Federal Government.

Section 14. Prohibition on aiding, abetment or association in narcotic offences

No one shall, within or outside Pakistan, participate in, associate or conspire to commit, attempt to commit, aid, abet, facilitate, incite induce or counsel the commission of an offence punishable under this Act.

Explanation. For the purpose of this section, a person shall be deemed to have associated with, conspired, aided, abetted, facilitated, incited, induced or counselled an offence within the meaning of this section if he does anything in a place beyond Pakistan which__

(a) would constitute an offence if committed within Pakistan; or

(b) under the laws of such other place, is an offence relating to narcotic drugs, psychotropic substances or controlled substances having all the legal or analogous conditions required to constitute it as an offence punishable under this Act.

1Ins. by the control of narcotic substances (Amdt) Act 2020 (XXIV of 2020), s. 2

Section 15. Punishment for contravention of section 14

Whoever participates in, associates, conspires to commit, attempts to commit, aids, abets, facilitates, incites, induces or counsels the commission of an offence in contravention of section 14 shall, whether such offence be or be not committed in consequence of such participatio n, association, conspiracy, aid, abetment, facilitation, incitement, inducement or counselling, and notwithstanding anything contained in section 116 of the Pakistan Penal Code (Act XLV of 1860), be punishable with the punishment provided for the offence or such lesser punishment as may be awarded by the Court.

Section 16. Punishment for offence for which no punishment is provided

Whoever contravenes any provision of this Act or any rule or order made, or any licence, permit or authorisation issued hereunder, for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term which may extend to 1[three years and fine].

Section 17. Obstructions to officers

Whoever hinders or obstructs any officer in the performance of his functions under this Act or willfully furnishes to such officer any information which is, to his knowledge or belief, false in material particulars shall be punishable with rigorous imprisonment for a term which may extend to three years, 1[and fine but shall not be less than one year and fine] .

Section 18. Limit of fine, etc

Where for any offence under this Act no amount of minimum fine has been fixed, the Special Court shall impose a fine keeping in view the quality and quantity of the narcotic drug, psychotropi c substance or controlled substance involved in the commission of such offence.

Section 19. Forfeiture of assets of an offender

Notwithstanding anything contained in section 13, where the Special Court finds a person guilty of an offence punishable under this Act a nd sentences him to imprisonment for 1[one year or above] , the Court shall order that his assets derivable from trafficking in narcotic substances shall stand forfeited to the Federal Government unless it is satisfied, for which the burden of proof shall rest on the accused, that they or any part thereof, have not been so acquired.

_______________

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss.7-9.

CHAPTER III

SEARCH AND INVESTIGATION

Section 20. Power to issue warrants

(1) A Special Court may issue a warrant for the arrest of any person whom it has reason to believe to have committed an offence punishable under this Act, or for the search, whether by day or by night, of any building, place, premises or conveyance in which he has reason to believe any narcotic drug, psychotropic substance or controlled substance in respect of which an offence punishable under this Act has been committed is kept or concealed.

(2) The officer to whom a search warrant under sub-section (1) is addressed shall have all the powers of an officer acting under section 21.

Section 21. Power of entry, search, seizure and arrest without warrant

(1) Where an officer, not below the rank of Sub-Inspector of Police or equivalent authorized in this behalf by the Federal Government or the Provincial Government, who from his personal knowledge or from information given to him by any person is of opinion that any narcotic drug, psychotropic substance or controlled substance in respect of which an o ffence punishable under this Act has been committed is kept or concealed in any building, place, premises or conveyance, and a warrant for arrest or search cannot be obtained against such person without affording him an opportunity for the concealment of evidence or facility for his escape, such officer may—

(a) enter into any such building, place, premises or conveyance;

(b) break-open any door and remove any other obstacle to such entry in case of resistance;

(c) seize such narcotic drugs, psychotropic substances and controlled substances and other materials used in the manufacture thereof and any other article which he has reason to believe to be liable to confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act; and

(d) detain, search and, if he thinks proper, arrest any person whom he has reason to believe to have committed an offence punishable under this Act.

(2) Before or immediately after taking any action under sub-section (1), the officer referred to in that sub -section shall record the grounds and basis of his information and proposed action and forthwith send a copy thereof to his immediate superior officer.

Section 22. Power to seizure and arrest in public places

An officer authorized under section 21 may—

(a) seize, in any public place or in transit, any narcotic drug, psychotropic substance or controlled substance in respect of which he has reason to believe that an offence punishable under this Act has been committed, and, along with such drug, substance or any other article liable to confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act; and

(b) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug, psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him.

Explanation.__ For the purpose of this section, the expression “public place” includes any public conveyance, hotel, shop or any other place intended for use by, or accessible to, the public.

Section 23. Power to stop and search conveyance

An officer referred to in Section 1[21], may, if he has reason to suspect that any conveyance is, or is about to be, used for the transport of any narcotic drug, psychotropic substance or controlled substance in respect of which he suspects that any provision of this Act has been, or is being, or is about to be, contravened at any time, stop such conveyance or, in the case of an aircraft, compel it to land and—

(a) rummage and search the conveyance or part thereof;

(b) examine and search any goods on or in the conveyance; or

Section 24. Undercover and controlled delivery operations

(1) Subject to sub -section (2) and to any treaty, arrangement or understanding with any foreign State to which Pakistan may from time to time be party, the Federal Government may give approval in writing to controlled delivery operations, for the purpose of gathering evidence in Pakistan or elsewhere relating to the commission of any offence against this Act or a similar law of a foreign State.

(2) Approval may not be given under sub-section (1) unless the Federal Government__

(a) suspects that persons, whose identity may or may not be known, have engaged in, are engaging in or are about to engage in, conduct constituting an offence against this Act or a similar law of a foreign State; and

(b) is satisfied that the proposed operations are properly designed to give such persons an opportunity to manifest that conduct or provide other evidence of it.

(3) The Federal Government may give approval from time to time for a period not exceeding three months.

(4) Without limiting the generality of sub -section (1), the activities which may be undertaken by an authorised participant in the course of and for the purposes of a controlled delivery and undercover operation include__

(a) allowing any conveyance to enter or leave Pakistan;

(b) allowing any narcotic drug, psychotropic substance, manufactured drug, controlled substance, property or other thing in or on the conveyance to be delivered or collected;

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.10.

(d) placing a tracking device in or on the conveyance; and

(e) allowing any person who has possession or custody of the narcotic drug, psychotropic substance, manufactured drug, controlled substance, property or other thing to enter or leave Pakistan.

(5) Notwithstanding anything contained in any other law for the time being in force an authorized participant in an undercover operation or a controlled delivery shall not incur any criminal liability by taking part in it in accordance with the terms of approval.

(6) Any drug of dependence, controlled chemical, controlled equipment or controlled material imported into Pakistan in the course of an approved undercover operation or controlled delivery shall be liable to be dealt with as if it were a prohibited import for the purposes of the Customs Act, 1969 (IV of 1969).

Section 25. Mode of making searches and arrest

The provisions of the Code of Criminal Procedure, 1898, except those of section 103, shall, mutatis mutandis , apply to all searches and arrests in so far as they are not inconsistent with the provisions of sections 20, 21, 22 and 23 to all warrants issued and arrests and searches made under these sections.

Section 26. Punishment for vexatious entry, search, seizure or arrest

Any person empowered under section 20 or section 21 who__

(a) without reasonable grounds of suspicion, enters or searches, or causes to be entered or searched, any building, place, premises or conveyance;

(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any narcotic drug, psychotropic substance, controlled substance or any other article or document relating to any offence under this Act; and

shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to twenty-five thousand rupees.

Section 27. Disposal of persons arrested and articles seized

(1) Every person arrested and articles seized under a warrant issued under section 20 shall be forwarded without delay to the authority by whom the warrant was issued; and every person arrested and article seized under section 20 or section 21 shall be forwarded without delay to __

(a) the officer-in-charge of the nearest police station; and

(b) the Special Court having jurisdiction.

(2) The authority or officer to whom any person or article is forwarded under this section shall, with all convenient despatch take such measures as may be necessary under the law for the disposal of such person or article.

Section 28. Powers to invest officers of law enforcement agencies with powers of an officer -in- charge of a police station

The Federal Government may invest any officer of law enforcement agency or any other officer within their respective jurisdiction with the powers of an officer -in- charge of a police station for the investigation of offence under this Act.

Section 29. Presumption from possession of illicit articles

In trials under this Act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under this Act in respect of___

(a) any narcotic drug, psychotropic substance or controlled substance;

(b) any cannabis, coca or opium poppy plant growing on any land which he has cultivated;

(c) any apparatus specially designed or any group of utensils specially adapted for the production or manufacture of any narcotic drug, psychotropic substance or controlled substance; or

(d) any materials which have undergone any proces s towards the production or manufacture of narcotic drug, psychotropic substance or controlled substance or any residue left of the materials from which a narcotic drug, psychotropic substance or controlled substance has been produced or manufactured, for the possession of which he fails to account satisfactorily.

Section 30. Presumption as to documents in certain cases

Where in the course of an investigation for an offence committed under this Act or any other law for the time being in force any document is produced or furnished, or has been seized from the custody or control of any person, the Special Court shall—

(a) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the hand -writing of any particular person or which the Special Court may reasonably assume to have been signed by, or to be in the hand -writing of, any particular person, is in that person’s hand -writing, and in the case of a document executed or attested, that it was ex ecuted or attested by the person by whom it purports to have been so executed or attested;

(b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence; and

Section 31. Power to call for information

(1) An officer authorised under section 21 may, during the course of an enquiry 1[or investigation] in connection with the contravention of any provision of this Act,__

1 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.11.

(a) 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;

(b) require any person to produce or deliver any document or thing useful or relevant to the inquiry ;

(d) require any bank or financial institution, notwithstanding anything contained in any other law for the time being in force, to provide any information whatsoever.

1[(2) Notwithstanding anything contained in any provision of the Income Tax Ordinance 2001 (XLI of 2001), the Sales Tax Act, 1990, the Federal Excise Act, 2005 or any other law for the time being in force relating to information, submitted by any person with respect to tax purposes, no government department or authority shall refuse to provide documents and information call ed by the officer authorized under this Act.]

Section 32. Articles connected with narcotics

(1) Whenever an offence has been committed which is punishable under this Act, the narcotic drug, psychotropic substance or controlled substance, 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, psychotropic substance or controlled substance lawfully imported, transported, manufactured, possessed, or sold along with, or in addition to, any narcotic drug, psychotropic substance or controlled substance which is liable to confiscation under sub-section (1) and the receptacles or packages, and the vehicles, vessels and other conveyances used in carrying such drugs and substances shall likewise be liable to confiscation:

Provided that no vehicle, vessel or other conveyance shall be liable to confiscation unless it is proved that the owner thereof knew that the offence was being, or was to be, committed 2[:]

2[Provided further that if any currency whether local or foreign or any valuable item having monetary value used for the commission of the offence under this Act is seized it shall be confiscated along-with other articles.]

Section 33. Procedure for making confiscation

(1) In the trial of offences under this Act, whether the accused is convicted or acquitted, the Special Court shall decide whether any article frozen or seized in connection with such offence is liable to confiscation.

(2) Where any article seized under this Act appears to be liable to confiscation under section 32, but the person who committed the offence in connection therewith is not known or cannot be found, the Special Court may inquire into and decide such liability, and may order confiscation accordingly:

Provided that no order of confiscation of an article shall be made until the expiry of one month from the date of freezing or seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim:

1 Added by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.11.

2 Subs. and added by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.12.

1[Provided further that if any such article other than a narcotic drug, psychotropic substance or controlled substance is liable to speedy and natural decay or in case of a vehicle, the Director General, Anti-Narcotic Force, or any other officer authorized by notification in the official Gazette by the Federal Government, is of opinion that the sale of such article or vehicle is for the benefit of its owner, he may, with the approval of the Special Court, after due notice to the owner and by public auction, direct that the article or, as the case may be, the vehicle be sold in accordance with the rules made under this Act and the sale proceeds shall be deposited in the National Fund for Drug Abuse till the final judgment of the court.]

1[(3) If on adjudication or, as the case may be, in case of appeal the vehicle or, as the case may be, an article so sold is found not to have been liable to such confiscation, the entire sale proceeds shall be handed over to the owner.]

(4) A narcotic drug, psychotropic substance or controlled substance seized un der this Act shall be disposed of under Section 516A of the Code of Criminal Procedure, 1898 (Act V of 1898) 2[:]

2[Provided that the Federal Government may exempt any narcotic drugs, psychotr opic substance and controlled substance for disposal under section 516A of the C ode by making rules under this Act.]

Section 34. Federal Narcotics Testing Laboratory, etc

(1) The Federal Government may, as soon as may be after the commencement of this Act, set -up a Federal Narcotic Testing Laboratory and such other institutes and narcotics testing research laboratories or notify any other laboratory or institute to be a Federal Narcotics Testing Laboratory for carrying out the purposes of this Act.

(2) The Provincial Government may, wherever deems appropriate, set-up Provincial Narcotics Testing Laboratories.

Section 35. Government Analyst

The Federal Government or a Provincial Government may, by notification in the official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Federal Government Analysts or, as the case may be, Provincial Government Analysts, for such areas and in respect of such narcotic drugs, psychotropic substances or controlled substances as may be specified in the notification.

Section 36. Reports of Government Analy sts

(1) The Government Analyst to whom a sample of any narcotic drugs, psychotropic substance or controlled substance has been submitted for test and analysis shall deliver to the person submitting it, a signed report in quadruplicate in the prescribed form and forward one copy thereof to such authority as may be prescribed.

(2) Notwithstanding anything contained in any other law for the time being in force, any document purporting to be a report signed by a Government Analyst shall be admissible as evidence of the facts stated therein without formal proof and such evidence shall, unless rebutted, be conclusive.

1Subs. by Ord. 66 of 2000, s.2.

2 Subs. & added by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.13.

CHAPTER IV

FREEZING AND FORFEITURE OF ASSETS

Section 37. Freezing of assets, etc

(1) Where the Special Court trying an offence punishable

under    this Act is satisfied that there appear reasonable grounds for believing that the accused has 
committed      such an offence, it may order the freezing of the assets of the accused, his relatives and

associates.

(2) Where in the opinion of the Director -General or an officer authorised under section 21 an offence is being or has been committed, he may freeze the assets of such accused and within 1[thirty] days of the freezing shall place before the Court the material on basis of which the freezing was made and further continuation of the freezing or otherwise shall be decided by the Court.

(3) The said officer shall trace, identify and freeze the assets during the investigation or trial for the purpose of forfeiture by the Special Court:

Section 38. Tracing of assets

(1) On receipt of a complaint or credible information or where a reasonable suspicion exists about any person that he has acquired assets through illicit involvement in narcotics, within or without Pakistan, an officer empowered under section 21 or any other person authorised under section 37, shall proceed to trace and identify such assets.

(2) On receipt of authenticated information from a foreign court of competent jurisdiction that a citizen of Pakistan has been charged for an offence w hich is also an offence under this Act, an officer empowered under section 21 or any other person authorised under section 37 shall proceed to trace and identify the assets of the said person, and subject to the provision of sub - section (3) may freeze the said assets.

(3) Information about such assets shall be laid before to the Special Court for the purpose of section 13 and section 19 in case action under this Act or any other law for the time being in force is initiated and in case of the person who has committed the offence is outside Pakistan, before the High Court for the purpose of forfeiture of assets under section 40.

(4) The actions referred to in sub -sections (1) and (2) may include any inquiry, investigation or survey in respect of any person, premises, place, property, conveyance, documents and books of accounts.

Section 39. Order for forfeiture of assets

(1) Where the Special Court convicts an accused under section 13, or sentences him to imprisonment for 1[one year or more], the Directo r-General or an officer authorised by him may request the said Court by an application in writing alongwith a list of the assets of the convict or, as the case may be, his associates, relatives or any other person holding or possessing such assets on his behalf, for forfeiture thereof.

(2) Where the Special Court is satisfied that any assets specified in the list referred to in sub -section (1) were derived, generated or obtained in contravention of section 12 or are liable to be forfeited under section 19, it may order that such assets shall stand forfeited to the Federal Government 1[and shall vest in that Government free from all encumbrances]:

1 Subs. and added by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss.14-15.

Provided that no order under this section shall be made without issuing a notice to show cause and providing a reasonable opportunity of being heard to the person being affected by such order:

Provided further that if such person fails to tender any expla nation or defaults in making appearance before the Special Court on any date appointed by it, the Special Court may proceed to record an order ex-parte on the basis of the evidence available before it.

Section 40. Forfeiture of assets of person convicted abroad

(1) Notwithstanding anything contained in any other law for the time being in force, where a citizen of Pakistan is convicted by a foreign court for an offence which is also an offence punishable under this Act, the Special Court may, on an application made by the Director-General or any other officer authorised by the Federal Government, order that the assets acquired in Pakistan by such citizen shall be forfeited to the Federal Government.

(2) The Special Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record , but such presumption may be displaced by proving want of jurisdiction :

Provided that the judgment or order of conviction__

(a) is passed by the foreign court of competent jurisdiction;

(b) has been pronounced on the merits of the case;

(d) has not been made in contravention of any law in force in Pakistan;

(e) has assumed finality through appeal, revision or review and is not subjudice before any appellate forum :

Provided further no order under this section shall be made without providing an opportunity of being heard to such citizen:

Provided also that, notwithstanding anything contained in clauses (a) to (e) of the first proviso, during the pendency of the application the Court may, by an order, freeze all or any of the assets or restrain such citizen, his associates and relatives from alienating such assets by lease, sale, gift, transfer or in any other manner. Explanation. __ For the purpose of this section, the expression “Court” means the High Court of the Province where the assets or any part thereof are located.

[1] Section 40A. Jurisdiction of special court

No court other than the Special Court established under this Act shall have the power to entertain any suit or claim relating t o the property , which is pending for adjudication before the Special Court for the purpose of forfeiture of assets under section 39 or section 40.]

Section 41. Prohibition of alienation of freezed property

(1) Where any order under section 37 or section 40 is made for freezing of any asset, any alienation or transfer of such asset by any manner or mode shall, till the conclusion of the proceedings under this Act, or until such order is vacated be void, and if such asset is subsequently forfeite d to the Federal Government, any such alienation or transfer of assets shall be deemed to be of no effect whatsoever.

(2) Any person who knowingly alienates or transfers any assets in respect whereof an order has been made under section 37 or section 40 shall be guilty of an offence punishable, on conviction, with imprisonment for a term which may extend to three years, or with fine, or with

both.

Section 42. Punishment for acquiring property in relation to which proceedings have been taken under this Act

Any person who knowingly acquires any assets which have been frozen under this Act shall be punishable with imprisonment for a term which may extend to three years and with fine.

Section 43. Power to take possession

(1) Where any asset is ordered to be forfeited to the Federal Government under section 39, the Special Court may direct the person holding or possessing such asset to surrender or deliver its possession to the Administrator appointed under section 44 or any other person authorised by the Special Court in this behalf, within such time as may be directed by it.

(2) If any person refuses or fails to comply with a direction issued under sub-section (1), the Special Court may require the Superintendent of Police of the district where such assets are located to provide police assistance to the Administrator for securing possession thereof, and it shall be the duty of the Superintendent of Police to comply with such requisition.

Section 44. Management of assets frozen or forfeited under the Act

(1) The Federal Government may, by a notification in the official Gazette, appoint any officer of the Federal Government or a Provincial Government as it may think fit to perform the functions of an Administrator of the assets frozen or forfeited under this order.

(2) The Administrator appointed under sub -section (1) shall take such actions and exercise such powers as the Federal Government may direct for the maintenance and disposal of the assets which are frozen or forfeited to the Federal Government. ___________

CHAPTER V

SPECIAL COURTS

Section 45. Jurisdiction to try offences

The Special Court established under this Act shall have the exclusive jurisdiction to try an offence cognizable under this Act 1[and when trying an offence under this Act, a Special Court may also try in offence other than an offence under this A ct when so authorized by Federal Government in this regard and with which the accused may, under the Code of Criminal Procedure, 1898 (Act V of 1898), be charged jointly at the same trial.]

1 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss. 16-17.

Section 46. Establishment of Special Courts

(1) The Federal Government and, if so directed by the Federal Government, the Provincial Government shall, by notification in the official Gazette, establish as many Special Courts as it considers necessary and appoint a Judge for each of such Courts and where it establishes more than one Special Court, it shall specify in the notification the place of sitting of each Special Court and the territorial limits within which it shall exercise jurisdiction under this Act.

(2) There shall be two classes of Special Courts to try offences under this Act, namely :__

(i) Special Courts having the power to try all offences; and

(ii) Special Courts having the power to try offences punishable with imprisonment for two years or less.

(3) No person shall be appointed a Judge of a Special Court referred to

(i) in sub-section (2) (i) unless he is or has been a Sessions Judge or an Additional Sessions Judge; and

(ii) in sub-section (2) (ii) unless he is a Judicial Magistrate of the First Class.

(4) A person shall be appointed as Judge of a Special Court after consultation with the Chief Justice of the High Court of the Province in which the Special Court is established.

(5) The Federal Government or the Provincial Government may, in consultation with the Chief Justice of the High Court, confer the powers of a Special Court referred to__

(i) in sub-section (2) (i), on any Sessions Judge or Additional Sessions Judge ; and

(ii) in sub-section (2) (ii), on any Judicial Magistrate of the First Class.

Section 47. Application of the Code of Criminal Procedure, 1898

Except as otherwise

provided in this Act, the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) hereinafter referred to as the Code (including provisions relating to confirmation of a death sentence) shall apply, to trials and appeals before a Special Court under this Act.

Section 48. Appeal

(1) An appeal against the order of a Special Court comprising a Sessions Judge or an Additional Sessions Judge shall lie to the High Court and shall be h eard by a bench of not less than two Judges of that Court.

(2) An appeal against the order of a Special Court comprising a Judicial Magistrate shall lie to a Special Court comprising a Sessions Judge or an Additional Sessions Judge.

Section 49. Transfer of cases

(1) Where more Special Courts than one are established within the territorial jurisdiction of a High Court, the High Court may, by order in writing, transfer a case, at any stage, from one Special Court to another Special Court in accordance with section 526 of the Code as if the Special Court were a Court of Sessions.

(2) On the establishment of Special Courts under sections 45 and 46, all cases where the sentence of an offence is two years or less, shall stand transferred to the respective Special Court comprising a Judicial Magistrate of the First Class and all other cases to the respective Special Courts comprising of Sessions Judges or Additional Sessions Judges.

(3) Notwithstanding anything hereinbefore contained, a remand may be granted by the nearest 1[* * * *] Judicial Magistrate of the First Class.

[2] Section 49A. Remand

Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) or any law for the time being in force, the person arrested under this Act shall having regard to the fact s and circumstances of the case be liable to be detained in custody for the purpose of inquiry and investigation for a period not exceeding ninety days and court may remand an accused person to custody not exceeding fifteen days at a time and for every subsequent remand, the court shall record reasons in writing.]

Section 50. Special Prosecutor

(1) The Federal Government may appoint a person who is an advocate of a High Court to be a Special Prosecutor on such terms and conditions as may be determined by it and any person so appointed shall be competent to conduct proceedings under this Act before a Special Court and 2[any appellate court], if so directed by the Federal Government, to withdraw such proceedings.

(2) When a Special Prosecutor appointed under sub -section (1) is, for any reason, temporarily unable to conduct proceedings before the Special Court, the proceedings shall be conducted by such person as may be authorised in this behalf by the Special Court.

Section 51. No bail to be granted in respect of certain offences

(1) Notwithstanding anything contained in sections 496 and 497 of the Criminal P rocedure Code, 1898 (V of 1898) bail shall not be granted to an accused person charged with an offence under this Act or under any other law relating to narcotics where the offence is punishable with death.

(2) In the case of other offences punishable under this Act, bail shall not be normally granted unless the Court is of the opinion that it is a fit case for the grant of bail and against the security of a substantial amount. ____________

CHAPTER VI

TREATMENT AND REHABILITATION OF ADDICTS

Section 52. Registration of addicts

(1) Each Provincial Government shall register all addicts within their respective jurisdiction for the purpose of treatment and rehabilitation of addicts.

(2) The Federal Government shall bear all expenses for first time compulsory de- toxification or de-addiction of an addict.

(3) The addict shall carry a registration card in such form as may be prescribed and produce it to any public authority on demand.

Section 53. Powers of the Government to establish centres for treatment of addicts

The Provincial Government shall establish as many centres as may be deemed necessary for de- toxification, de-addiction, education, after -care, rehabilitation, social integration of addicts and for supply of such medicines as are considered necessary for the de-toxification of the addicts.

1 Omitted by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.18.

2 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss.19-20.

CHAPTER VII

NATIONAL FUND FOR CONTROL OF DRUG ABUSE

Section 54. National fund for control of drug abuse

(1) The Federal Government may, by notification in the official Gazette, constitute a Fund to be called the National Fund for Control of Drug Abuse, hereinafter to be called the Fund, consisting of___

(a) grants from the Federal Government or Provincial Governments;

(b) the sale proceeds of any assets forfeited under this Act or any other law for the time being in force;

(d) any grants made by any person or institution; and

(e) any income from the investment of the amounts credited to the Fund.

(2) All receipts mentioned in sub -clauses (a) to (e) of sub -section (1) shall be credited to a Head of Account in the Public Account duly authorised by the Auditor General of Pakistan.

(3) The purpose and object of the Fund shall be to meet the expenditure incurred in connection with the control and eradication of trafficking in, and abuse of, narcotic drugs, psychotropic substances, controlled substances, or treatment and rehabilitation of drug addicts and for all or any of the related purposes, as may be specified by the Federal Government.

(4) The management, overall control and supervision of the affairs of the Fund shall vest in a Governing Body consisting of a Chairman and such other members as may be appointed by the Federal Government by a notification in the official Gazette, on such terms and conditions as may be prescribed.

(5) The Governing Body shall have the powers to regulate its own procedures and co -opt members as it may deem appropriate.

Section 55. Annual Report of the activities financed out of the Fund

The Governing Body shall, after the end of each financial year, submit to the Federal Government a report giving an account of its activi ties and the activities financed out of the Fund during the financial year, together with a statement of accounts. _____________

CHAPTER VIII

INTERNATIONAL CO-OPERATION

Section 56. Authority to make and act on mutual legal assistance requests

(1) This Chapter is subject to any treaty, arrangement or understanding with foreign States to which Pakistan may from time to time be party, and nothing in the Chapter shall be taken to limit the nature or extent of assistance which Pakistan may otherwise lawfully give to, or receive from, foreign States.

(2) The Federal Government may

(b) grant or postpone in whole or in part similar requests from foreign States on such terms and conditions as it thinks fit; and

(c) refuse (in whole or in part) such requests from foreign States on the ground that to grant the request would be likely to prejudice the sovereignty, security, public order or other essential public interest of Pakistan.

(3) Requests on behalf of the Federal Government to the appropriate authorities of foreign States for the assistance referred to in sub -section (2) shall be made by the Federal Government, or an officer authorised by the Federal Government, and requests for any other form of international assistance in investigations or proceedings relating to criminal matters may be made by any person authorised by the Federal Government in this behalf.

Section 57. Mutual legal assistance requests by Pakistan

(1) The Federal Government or an officer authorised by the Federal Government under sub-section (3) of section 56 may request a foreign State to__

(a) have evidence taken, or documents or other articles produced;

(b) obtain and execute search warrants or other lawful instruments authorising a search for things relevant to investigations or proceedings in Pakistan believed to be located in that State, and if found, seize them;

(c) freeze assets, the subject of actions or orders under sub -section (2) of section 37, by whatever processes are lawfully available in that State, to the extent to which the assets are believed on reasonable grounds to be located in that State;

(d) confiscate articles the subject of orders under sub -section (2) of section 33 and forfeit assets the subject of orders under sub -section (2) of section 39 to the extent to which the articles or assets, as the case may be, are believed to be located in that State;

(e) transmit to Pakistan any such evidence, documents, things, articles, assets or proceeds realized from the disposal of such articles or assets; and

(f) transfer in custody to Pakistan a person detained in the foreign State who consents to assist Pakistan in the relevant investigation or proceedings.

Section 58. Foreign requests for assistance

(1) The Federal Government may authorise the giving of mutual legal assistance to a foreign State of a kind similar to that specified in section 57 in investigations commenced or proceedings instituted in such state.

(2) Such requests shall__

(a) give the name of the authority concerned with the criminal matter to which the request relates;

(b) give a description of a nature of the criminal matter and a statement setting out a summary of the relevant facts and laws;

(d) in the case of a request to freeze or forfeit assets believed on reasonable grounds to be located in Pakistan, give details of the offence, particulars of any investigation or proceedings commenced in respect of the offence, and be accompanied by a copy of any relevant freezing or forfeiture order of the Court;

(e) give details of any procedure that the foreign State wishes to be followed by Pakistan in giving effect to the request, particularly in the case of a request to take evidence;

(f) contain a statement setting out any wishes of the foreign State concerning any confidentiality relating to the request and the reasons for those wishes;

(g) give details of the period within which the foreign State wishes the request to be complied with;

(h) state, where applicable, the grounds for believing that the relevant assets or things to be traced, frozen or seized are located in Pakistan; and

(i) contain any other information that may assist in giving effect to the request.

(3) A request may be accepted, after consultation, notwithstanding that the request, as originally made, does not comply with sub-section (2).

Section 59. Foreign requests for an evidence-gathering Order or a search warrant

(1) Notwithstanding anything contained in any law for the time being in force, where the Federal Government approves a request of a foreign State pursuant to section 1[58] to obtain evidence in Pakistan, or be able to be given by a person believed to be in Pakistan, the Director-General or an officer authorised by him may apply to the High Court for__

(a) a search warrant; or

(b) an evidence-gathering order.

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.21.

(2) The High Court to which an application is made under sub -section (1) may issue an evidence-gathering order or a search warrant under this sub -section, where it is satisfied that there are reasonable grounds to believe that__

(a) an offence has been committed, or is suspected on reasonable grounds to have been committed against the laws of the requesting State which, if committed in Pakistan, would have constituted an offence under this Act;

(b) evidence of the commission of the foreign offence or information that would reveal the whereabouts of a person who is suspected of committing the foreign offence is likely to be found in a building, receptacle or place in Pakistan; and

(c) in the case of an application for a search warrant, it would not, in all the circumstances, be more appropriate to grant an evidence-gathering order.

(3) An evidence-gathering order__

(a) shall provide for the manner in which the evidence is to be obtained in order to give proper effect to the foreign request unless prohibited under the law of Pakistan, and in particular, may require any person named therein to__

(i) make a record from data or make a copy of record;

(ii) attend Court to give evidence on oath or otherwise until excused; and

(iii) produce to the High Court or to any person designated by the Court, anything, including any record, or copy thereof; and

(b) may include such terms and conditions as the High Court considers desirable, including those relating to the interests of the person named therein or of third party.

(4) A person named in an evidence-gathering order may refuse to answer a question or to produce a record or thing where the refusal is based on__

(a) a law in force in Pakistan;

(b) a privilege recognized by a law in force in the foreign State that made the request; or

(c) a law in force in the foreign State that would render the answering of that question or the production of that record or thing by that person in its own jurisdiction an offence.

(5) Where a person refuses to answer a question or to produce a record or thing under sub - section (4), the High Cou rt shall report the matter to the Federal Government which shall notify to the foreign State accordingly and request it to provide a written statement on whether the person’s refusal was well-founded under the law of the foreign State.

(6) Any written statement received by the Federal Government from the foreign State in response to a request under sub-section (5) shall, notwithstanding anything contained in the Qanun- e-Shahadat, 1984, be admissible in the evidence -gathering proceedings, and be determin ative of whether the person’s refusal is well-founded under the foreign law.

(7) A person who, without reasonable excuse, refuses to comply with a lawful order of the High Court made under this section, or who having refused under sub -section (4), continues to refuse notwithstanding the admission in evidence of a statement under sub -section (6) to the effect that the refusal is not well-founded, commits a contempt of court.

(8) The High Court may issue a warrant for the arrest of a person named in an evidence - gathering order where it is satisfied that the person__

(a) did not attend or remain in attendance as required or is about to abscond; and

(b) was personally served with the order.

(9) A person arrested in pursuance of a warrant issued under sub -section (8) shall be forthwith brought before the High Court, to ensure compliance with the order made under sub - section (2), and the Court may order that the person be detained in custody or released on recognizance, with or without sureties.

(10) A search warrant__

(a) shall be issued in accordance with the provisions of Criminal Procedure Code, 1898 (V of 1898);

(b) shall specify a time and date when the High Court will hear any representations from any person from whom, a record or thing is seized pursuant to the warrant, before any order is made to send it to the foreign State; and

(c) may include such terms and conditions as the High Court considers desirable, including conditions relating to the time or manner of its execution.

(11) The person executing a search warrant issued under sub-section (2)__

(a) may seize anything that he believes on reasonable grounds will afford evidence of, or has been obtained for, or used in, or is intended to be used in, the commission of an offence under this Act;

(b) shall, at least five days before the time of the hearing to consider its execution, file in the High Court a written report concerning the execution of the warrant, including a description of the records or things seized.

(12) At the hearing to consider the execution of a search warrant the High Court, after considering any representations made by the Director General or an officer authorised by him, or any person from whom a record or thing was seized pursuant to the warrant, and any person who claims to have an interest in the record or thing, may__

(a) order that the record or thing be returned to the person from whom it was seized, or to the person lawfully entitled to its possession, if satisfied that the warrant was not executed according to its terms and that it would be in the public interest to so return it;

(b) in any other case, order that the record or thing be sent to the foreign State, and include in the order such terms and conditions as the High Court considers necessary__

(i) to give effect to the request from the foreign State;

(ii) with respect to the preservation and return to Pakistan of any record or thing seized; or

(iii) with respect to the interest of a third party.

(13) No record or thing seized and ordered to be sent to a foreign State shall be sent until the Director-General is satisfied that the foreign State has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing.

Section 60. Foreign requests for assistance from detained persons

(1) Where the Federal Government approves a request of a foreign State to have a detained person, who is serving a term of imprisonment in Pakistan, transferred to a foreign State for a fixed period to give evidence or assist in an investigation or proceedings in that State relating to an offence committed, or suspected on reasonable grounds to have been committed against the laws of the requesting State, in respect of conduct which had it occurred in Pakistan would have constituted an offence under this Act, the Director-General may apply to the High Court for a transfer order.

(2) The High Court to which an application is made under sub -section (1) may make a transfer order where it is satisfied, having considered, among other things, any documents filed, or information given, in support of the application that the detained person consents to the transfer.

(3) A transfer order made under sub-section (2) __

(a) shall set out the name of the detained person and his place of confinement;

(b) shall order the person who has custody of the detained person to deliver him into the custody of a person who is designated in the order or who is a member of the class of persons so designated;

(c) shall order the person receiving him into cus tody to take him to the foreign State and, on return of the detained person to Pakistan, to return that person to the place of confinement where he was when the order was made, or to such other place of confinement as the Federal Government subsequently may notify to the foreign State;

(d) shall state the reasons for the transfer;

(e) shall fix the period of time at, or before the expiration of, which the detained person must be returned or unless varied on the application of the Federal Government for the purposes of the request;

(f) may include such terms or conditions relating to the protection of the interests of the detained persons as the High Court considers desirable.

(4) The time spent in custody by a person pursuant to a transfer order shall, so long as such person remains in such custody and is of good behaviour, be deemed to have been spent in service of the sentence being served when the order was made.

Section 61. Foreign persons in Pakistan in response to a Pakistan request

(1) The Federal Government may, by written notice, authorize the temporary detention in Pakistan of a person in detention in a foreign State who is transferred from that State to Pakistan pursuant to a request under clause (f) of (1) of Section 1[57], for such period as may be agreed with that State for the purposes of the request, and the return in custody of the person to the foreign State.

(2) A person in respect of whom a notice is issued under sub-section (1) shall, so long as the notice is in force__

(a) be permitted to enter Pakistan and remain in Pakistan for the purposes of the request, and to leave Pakistan when no longer required for those purposes, notwithstanding any Pakistan law to the contrary; and

(b) while in custody in Pakistan for the purposes of the request, be deemed to be in lawful custody.

(3) The Fede ral Government may at any time vary a notice under sub -section (1), and where the foreign State requests the release of the person from custody, either immediately or on a specified date, the Federal Government shall direct that the person be released from custody accordingly.

(4) The provisions of this section shall apply, mutates mutandis, in the case of any detained person in transit through Pakistan from one foreign State to another pursuant to a request for assistance of the kind referred to in this section.

(5) Any person, whether or not a detained person, who is in Pakistan in response to a Pakistan request under this Chapter to give evidence in a proceeding or to give assistance in relation to an investigation, prosecution or the related proceeding may not, while in Pakistan, be__

(a) detained, prosecuted or punished; or

(b) subjected to civil process, before the person’s departure from the foreign State pursuant to the request in respect of any act or omission that occurred.

Section 62. Foreign requests for Pakistan restraining orders

(1) Notwithstanding anything contained in any law for the time being in force, where the Federal Government approves a request of a fore ign State pursuant to 1[sub-section (1) of section 63] to restrain dealings in any assets, some or all of which are believed on reasonable grounds to be located in Pakistan, the Federal Government may apply to the High Court for a restraining order.

(2) The High Court, to which an application is made under sub-section (1), may issue a freezing order, where it is satisfied that there are reasonable grounds to believe that__

(a) an offence has been committed, or is suspected on reasonable grounds to have been committed by a person against the laws of the requesting State which, if committed in Pakistan, would have constituted an offence under this Act ;

(b) an investigation or proceeding has commenced in the foreign State relating to that offence ;

1 Subs. by the control of narcotic substances (Amdt.) A0ct 2022 (XX of 2022) ss.22-23.

(c) assets derived by the person, his relatives and associates from the commission of the offence are located in Pakistan ; and

Section 63. Requests for enforcement of foreign confiscation or restraining orde rs

(1) This section does not apply to cases falling within section 40 of this Act.

(2) Where a foreign State requests the Federal Government to make arrangements for the enforcement of a__

(a) foreign restraining order; or

(b) foreign forfeiture order, the Director -General may apply to the High Court for registration of the orders issued by a Court of that State.

(3) The High Court shall, on application by the Director-General, register the foreign restraining order if the Court is satisfied that the order is in force in the foreign State.

(4) The High Court shall, on application by the Director-General or an officer authorised by him, register the foreign forfeiture order if the Court is satisfied__

(a) the order is in force in the foreign State and is not subject to appeal; and

(b) where the person, the subject of the order, did not appear in the foreign forfeiture order proceedings in the foreign State, that__

(i) the person was given notice of the proceedings in sufficient time to enable him or her to defend him; or

(ii) the person died or absconded before such notice could be given.

(5) Where a foreign restraining order or foreign forfeiture order is registered in accordance with this section, a copy of any amendments made in the order in the foreign State (whether before or after registration), may be registered in the same way as the order, but shall not have effect for the purposes of this Act until they are so registered.

(6) The High Court shall, on application by the Director-General or an officer authorised by him, cancel the registration of__

(a) a foreign restraining order if it appears to the Court that the order has ceased to have effect; and

(b) a foreign forfeiture order if it appears to the Court that the order has been satisfied or has ceased to have effect.

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.23.

(7) Subject to sub-section (8), where the foreign restraining order or foreign forfeiture order comprises a facsimile copy of a duly authenticated foreign order, or amendment made to such an order, the facsimile shall be regarded for the purposes of this Ordinance as the same as the duly authenticated foreign order.

(8) Registration effected by means of a facsimile shall cease to have effect at the end of the period of fourteen days commencing on the date of registration, unless a duly authenticated original of the order has been registered by that time.

(9) Where a foreign restraining order or a foreign forfeiture order has been registered pursuant to this section, this Act shal l be deemed to apply in relation to the order as if the offence the subject of the order had been committed in Pakistan, and the order had been made pursuant to Chapter IV of this Act.

Section 64. Requests to recover foreign fines

(1) Where the Federal Government approves a request from a foreign State to enforce the payment of a fine imposed by a court of that State, a court in Pakistan shall enforce the payment of the fine as if the fine has been imposed by a court in Pakistan. Explanation__For the purpose of this section the expression “fine” shall include any pecuniary penalty determined by a foreign court to represent the value of any property, benefit, advantage, obtained or derived directly or immediately as a result of the commission of an offence relating to narcotic substances.

(2) No proceedings under sub -section (1) shall be instituted after the expiry of five years from the date the fine was imposed.

Section 65. Sharing forfeited property with foreign States

The Federal Government may enter into an arrangement with the competent authorities of a foreign State for the reciprocal sharing with that State of such part of any property realized pursuant to this Act__

(a) in the foreign State, as a result of action taken by the Federal Government; and

(b) in Pakistan, as a result of action taken in Pakistan, on such terms and conditions as the Federal Government may prescribe.

Section 66. Extradition

Notwithstanding anything contained in the Extradition Act, 1972 (XXI of 1972) all offences against Chapter II of this Act shall be deemed to__

(a) be extraditable offences; and

(b) not be political offences.

CHAPTER IX

GENERAL

Section 67. Reporting of suspicious financial transactions

(1) Notwithstanding anything contained in any law for the time being in force, all banks and financial institutions shall pay special attention to all unusual patterns of transactions, which have no apparent economic or lawful purpose and upon suspicion that such transactions could constitute or be related to illicit narcotics activities, the manager or director of such financial institution shall report the suspicious transactions to the Director-General.

(2) Whoever fails to supply the information in accordance with sub -section (1) shall be punishable with rigorous imprisonment which may extend to three years, or with fine, or with both.

Section 68. Presumption to the assets acquired through dealing in narcotics

Where there is reasonable ground to believe that the assets of a person or any part thereof were acquired before or at the time of, or after the commission of an offence under this Act and there was no other likely source of acquiring such assets or part thereof, it shall be presumed, unless the contrary is proved, that such assets or part thereof were acquired, gene rated or obtained through cultivation, manufacture, production, sale, purchase, dealing or trafficking of narcotic drugs, psychotropic substances or controlled substances.

Section 69. Departments to render assistance to the Special Courts, etc

All departments of the Government, banks, financial institutions, corporate bodies, companies, societies and agencies shall assist the Special Court, Director-General or any other officer authorised by the Federal Government for the purposes of any inquiry, tracing of any assets or for ascertaining whether any assets held by any person, his associate or relative were acquired by committing any offence under this Act.

Section 70. Notice or order not to be invalid for error in description

No notice issued, or order passed, under this Act shall be invalid by reason of any error in the description of the person or assets specified therein if such person or assets are otherwise identifiable from the description specified in such notice or order.

Section 71. Delegation

(1) The Federal Government may, by notification in the official Gazette and subject to such conditions and limitations as may be specified in the notification, delegate all or any of its powers and functions under this Act as it may deem necessary or expedient to the Provincial Government, Director-General or any other authority or officer of the Federal Government.

(2) The Provincial Government may, by notification in the official Gazette, subject to such conditions and limitations as may be specified in the notification, delegate all or any of its powers and functions under this Act as it may deem necessary or expedient, to any authority or officer of that Government.

Section 72. Application of the Customs Act, 1969

All prohibitions and restrictions imposed by or under this 1[Act] on the import into, export from, Pakistan and transshipment of narcotic drugs, psychotropic substances or controlled substances shall be deemed to be prohibitions and restrictions imposed by or under the Customs Act, 1969 (IV of 1969), and the provisions of this Act shall apply accordingly:

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.24.

Provided that, notwithstanding anything contained in the Customs Act, 1969 (IV of 1969), or any other law for the time being in force, all offences relating to narcotic drugs, psychotropic substances or controlled substances shall be tried under the provisions of this Act :

Section 73. Saving of Provincial and special laws

(1) Nothing contained in this Ac t or in the rules made thereunder shall affect the validity of any Federal or Provincial law for the time being in force, or of any rule made thereunder which imposes any restriction or provides for a punishment not imposed by or provided for under this Act or imposes a restriction or provides for a punishment greater in degree than a corresponding restriction imposed by or a corresponding punishment

provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within Pakistan or other similar matters.

Section 74. Application of other laws

If an offence punishable under this Act, is also an offence in any other law for the time being in force, nothing in that law shall prevent the offender from being punished under this Act :

Provided that nothing contained in section 523 of the Code of Criminal Procedure, 1898 (Act V of 1898), or any other provision of the said Code or any other law for time being in force, the custody of narcotic drugs, psychotropic substances, controlled substances, any material utensils used for production or manufacture of such drugs or substances or any conveyance used in import, export, transport or transhipment thereof or for commission of an offence under this Act, shall not be given on custody to the accused or any of his associate or relative or any private individual till the conclusion of the case 1[except as provided in the second proviso to sub-section (2) of section 33].

[2] Section 74A. Power to amend Schedules

The Federal Government may, by notification in the official Gazette, amend the Schedules so as to add any entry thereto, amend any entry therein or omit any entry there from if it is satisfied that it is necessary or expedient so to do on the basis of following, namely:__

(a) the information and evidence which has become available to it with respect to the nature and effects of and the abuse or the scope for abuse of any substance (natural or synthetic) or natural material or preparation of such substance or material; or

(b) the modification s or provisions, if any, which have been made to or in any international convention with respect to such substance, natural material or any salt or preparation of such substances or material.]

Section 75. Indemnity

No suit, prosecution or other proceedings shall lie against the Federal Government or Provincial Government or any officer of the Federal Government or of a Provincial Government for anything in good faith, done or intended to be done in pursuance of this Act or the rules made thereunder.

Section 76. Act to override other laws

The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.

1Added by Ord. 66 of 2000, s.3.

2 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.25.

Section 77. Power to make rules

(1) The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:__

(a) the administration, management and disposal of the property forfeited under this Act; and

(b) terms and conditions of Special Prosecutors.

Section 78. Repeal and savings

(1) The Opium Act, 1857 (XIII of 1857), the Opium Act, 1878 (I of 1878), the Dangerous Drugs Act, 1930 (II of 1930), and the Control of Narcotic Substances Ordinance, 1997 (XLIII of 1997), are hereby repealed.

(2) Notwithstanding the repeal of any law under sub-section (1), the repeal shall not, except as otherwise provided in this Act,__

(a) affect the previous law or anything duly done or suffered there-under;

(b) affect any right, privilege, obligation or liability acquired, accrued under such law;

(d) affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment; and

(e) affect any such investigation, legal proceedings or remedy may be instituted, continued or enforced or any such penalty, forfeiture or punishment which may be imposed, by the courts or authorities competent to investigate, try an offence under such law if the said law had not been repealed.

___________

1[SCHEDULE - I]

[See Section 2(za)]

PSYCHOTROPIC SUBSTANCES

_______________________________________________________________________________________________________________ International non-proprietary names

Other non-proprietary or trivial names

Chemical Name 1 2 3

1. AMFETAMINE Amphetamine

(+/-)-a-methylpenethylamine.

2. AMOBARBITAL

5-ethyl-5-barbituric acid.

3. ALLOBARBITAL

5,5-deallylbarturic acid.

4. ALPRAZOLAM

8-chloro-l-methyl-6-phenyl-4H-s-triazoIo [4, 3-a] [1,4] benzodiazepine.

5. AMFPRAMONE

2-(diethyiamino) propiolphenone.

6. BROLAMFETAM1NE DOB (+/-)4-bromo-2, 5-dimethoxy-a- methylphenethylamine.

7. BUPRENORPHINE 21-cyclopropyl-7-a-[(s)-1-hydroxy-1, 2,2-trimethylporpyI]-6, 14-endo-ethano-6, 7,8,14-tetrahydrooripavine.

8. BUTALB1TAL

5-allyl-5-isobutyIbarbituric acid.

9. BARBITAL 5,5-diethylbarbituric acid.

10. BENZFETAM1NE benzphnetamine N-benzyl-N, a-dimethylphenethylmine.

11. BROMAZEPAM

butobarbital 7-bromo-l, 3-dihydro-5 (2-pyridyl) 2H-1, 4-benzodiazepin-2-one. 5-butyl-5-thylbarbituric acid.

12. CATHINONE

DET

(-)-(S)-2 aminopropiophenone.

3-[2(diethylamino) ethyl] indole.

DMA (+/-)-2,5-dimethoxy-a-methylphenethy lamine. DMHP 3-(1,2-dimethyheptyle)-7,8,9,10-tetrahy- dro-6,6,9-trimethyl-6H-dibenzo [b,d] [pyran-1- 01].

13. CATHINE

(+)-norpseudo ephedrine (+)-(R)-a-[(RO-l-aminoethyI] benzyl alcohol.

[DMT 3-[2-diethylamino)ethyl] indole.

[DOET (+/-)-4-ethyl-2,5-dimethoxy-a-Phenethly-amine.

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.26.

1 2 3

14. CYCLOBARBITAL

5-(I-cychlohexen-l-yl)-5-ethylbarbituric acid.

15. CAMAZEPAM

7-chloro-1,3-dihydro-3-hydroxy-1-methyl-5- phenyl-2Hl,4- benzodiazepin-2-one dimethylcarbamate (ester).

16. CHLORDIAZEPOXIDE

7-chloro-2-methylmino-5-phenyl-3H-1, 4 benzodiazepine-4-oxide.

17. CLOBAZAM

7-chloro-1 (methyl)-5-phenyl-1H-5- benzodiazepine-2,4 (3H,5H)-dione.

(+/-)-4-ethyl-2,5-dimethoxy-a-Phenethly-

amine.

5-(l-cychlohexen-l-yl)-5-ethylbarbituric acid.

18. CLONAZEPAM

5-(0-chlorophgenyl)-1,3-dihydro-7-nitro-2H- 1,4-benzodiazpine-2-one.

19. CLORAEPATE

7-chloro-2,3-dihydro-2-oxo-5-phenyl-lH-l,4- benzodiazepine-3- carboxylic acid.

20. CLOTIAZEPAM

5-(o-chlorphenyl)-7-ethyl-1,3-dihydro-1- methyl-2H-thieno [2,3-e]-1,4-diazepin-2-one.

21. CLOXAZOLAM

10-chloro-llb-(0-chlorphenyl)-2-3,7,11b- tetraphydrooxazolo [3,2- d][l,4] benzodiazepin-6(5H)-one.

22. DEXAMPHETA- MINE

dexamphe (+)-a-methylphenethylamine

23. DELORAZEPAM

7-Chloro-5-(0-chlorophenyl)-1,3-dihydro-2H- 1,4-bezodiazepin-2-one

24. DIAZEPAM

7-chloro-1,3-dihydro-1-methyl-5-phenyl-2H- 1,4-benzodiazepine-2-one.

25. ESTAZOLAM

8-chloro-6-penyl-4H-S-triazolo-[4,3-a][1,4] benzodiazepine.

26. ETHCHLORVYNOL

1-chloro-3-ethyl-1-penten-4yn-3-01.

27. ETHYL LOFLAZEPATE

ethyl 7-chloro-5-(0-flurophenyl)-2,3-dihydro- 2-oxo-1H, 4-benzodiaze-pine-3-carboxylate.

28. ETILAMFETA M1NE

N-ethylampetamine N-ethyl-a-methylphenethylamine.

29. ETHINAMATE

1-eithynycychlohexanol-carbamate.

30. ETICYCLIDINE

PCE N-ethyl-1-phenylcychlohexylamine.

31. FENETYLLINE

7-[2-[a-methlyphenthyl) amino]ethyle] theophylline.

32. FENCAMFAMIN

N-ethyl-3-phenyl-2-norbornanamine.

33. FENPROPOREX

[+/-)-3-](a-methlyphenthyl)amino] propionitrile.

34. FLUD1AZEPAM

7-chloro-5-(0-fluorophenyl)-1,3-dihydro- 1-methyl-2H-1, 4- benzodiazepin-2-one.

1 2 3

35. FLUNITRAZEPAM

5-(0-fluorophenyl)-1,3-dihydro-1-methyl-7- nitro-2H-1,4- benzodiazepin-2-one.

36. FLURAZEPAM

7-chloro-1-[2-diethylamino)ethyl]5-(0- fluorophenyl)-1,3-dihydro-2H-1,4- benzodiazepine-2-one.

37. GLUTETHIM1DE

2-ethyl-2-phenylglutarimide 4-benzodiazepin- 2-one.

38. HALAZEPAM

7-chloro-1, 3-dihydro-5-phenyl-1(2,2,2- trifluororethyyl)-2H-1,4-benzodiazepin-2-one.

39. HALOXAZOLAM

10-bromo-11 b(0-fluorophenyl)-2, 3, 7, 11 b- tetrahydrooxazolo [3,2-d] [1.4] benzodiazepine-6 (5H)-one.

40. KETAZOLAM 11-chloro-8, 12b-dihydro-2,8-dimethyl-12b- phenyl-4H-[l,3] oxazino [3,2,-d][1,4] benzodiazepine-4,7(6H)-clione.

41. (+)-LYSERGIDE LSD, LSD-25 9, 10-didehydro-N, diethyl-6 methylergoline-8B-Carboxamide. MDMA (+/-) N, a-demethyl-3, 4-(methylinendioxy) phenethylamine.

Mescaline

3,4,5-trimethoxyphenethylamine. 4-methylaminorex (+ /-)-cis-2-amno-4-methyl-5-phenyl-2- oxazoline. MMDA 2-methoxy-a-methyl-4,5-(methylenedioxy) phyenthylamine.

N-ethyl MDA

(+ /-)-N-ethyl-a- methyl-3, 4- methylendedioxy) phenethylamine.

N-hydroxy MDA (+ /-)-N-[a-methyl-3,4-(methylendedioxy) phenethyl] hydroxylamine.

Parahexyl

3-hexyl-7,8,9,10-tetrahydro-6,6,9-trimethyl- 6H- dibenzo [b,d] pyran-1-01. PMA p-methoxy-a-methylphenethylamine. psilcine, psilotsin 3-[2-dimethylamino) ethyl]indol-4-01.

42. LEFETAMINE

SPA (-)-N,N-dimethyl-l,2-diphenyiethylamine.

43. LOPRAZOLAM

6-(0-chlorophenyl)-2,4-dihydro-2- [(4-methyl- 1-peperazinyl) methylene]-8-nitro-lH-imidazo [l,2- a][l,4] benzodiazepin-1-one.

44. LOPRAZEPAM

7-chloro-5-(0-chlorophenyl)-l,3-dihydro-3- hydroxy-2H-1,4-benzodiazepin-2-one.

45. LORMETAZEPAM

7-chloro-5-(0-chlorophenyl)-l,3-dihydro-3- hydroxy-1-methyl-2H-1,4-benzodiazepine-2-

one.

1 2 3

46. LEVAMFETAMINE Levamphe- Tamine

levomethamphetamine (-)(R)-a-methylphetyphenethylamine.

(-)-N,a-dimethylphenethylamine.

47. METAFETAMINE

methamphetamine (+)-(S)-N, a-dimethylphethylamine.

48. METAFETAMINE RACEMATE

metafetamine racemate (+ /-)-N,a-dimethylphethylamine.

49. METHYLPHENIDATE Methyl a-phenyl-2-piperidinoacetate.

50. MEPROBAMATE

2-methyl-2-propyl-l,3-propanediol dicarbamate.

51. METHAQUALONE

2-methyl-3-0-tolyl-4(3H)-quinazolinone.

52. METHYLPHENOBARBITAL

5-ethyl-l-methyl-5-phenyl-barbituric acid.

53. METHYPRYLON

3,3-diethyl-5-methyl-2,4-piperidine-dione.

54. MAZINDOL

5-(p-chlorophenyl)-2,5-dihydro-3H- imidazo[2,1-a]isoindol-5-01.

55. MEDAZEPAM

7-chloro-2, 3-dihydro-l-methyl-5-phenyl- IH- 1,4-benzodiazepine.

56. MEFENOREX

N-(3-chloroporpyl)-a-methylphenethyla-

mine.

57. MIDAZOLAM** 8-chloro-6-(0-fluorophenyl)-l-methyl- 4H-imidazo [1.5-a][l,4]benzodiazepine.

58. NIMETAZEPAM

1, 3-dihydro-l-methyl-7-nitro-5-phenyl- 2H-1,4-benzodiazepin-2-one.

59. NITRAZEPAM 1,3-dihydro-7-nitro-5-phenyl-2H-1, 4- benzdiazepin-2-one.

60. NORDAZEPAM 7-chloro-1, 3-dihydro-5-phenyl-2H-1, 4- benzodiazepin-2-one.

61. OXAZEPAM 7-chloro-1,3-dihydro-5-phenyl-2H-1, 4- benzodiazepine-2-one.

62. OXAZOLAM 10-chloro-2,3,7,11b-tetrahydro-2-methyl-11b- phenyloxazolo [3,2-d][1,4] benzodiazepine-6- (5H)-one.

63. PHENCYCLIDINE

PCP 1-(1-phencylcychlohenxyl) piperidine.

64. PENTAZOSINE

(2R, 6R, 11R)-1,2,3,4,5,6-hexahydro-6, ll-dimethyl-3-(3-methyl-2-butenyl)-2, 6- methono-3-benzazocin-8-01.

65. PHENMETRAZINE

3-methyl-2-phenylmorpholine.

1 2 3

66. PENTOBARBITAL 5-ethyl-5-(l-methylbutyl) barbituric acid.

67. PHENOBARBITAL 5-ethyl-5-phenyl barbituric acid.

68. PIPRADROL a,a-diphenyl-2-piperidinemethanol.

69. PSILOCYBINE

3-(2 dimethylamino) ethyl)-indol-4-yl- dihydrogen phosphate.

70. PEMOLINE 2-amono-5-phenyl-2-oxazolin-4-one (-2- imino-5-phenyl-4-oxazolidinone).

71. PHENDIMETRAZINE (+)-(2s,3S)-3,4-dimethyl-2-phenylmorpholine

72. PHENTERMINE a,a-dimethylphenethylamine.

73. PINAZEPAM 7-chloro-l-cyclopropylmethyl)-l, 3- dihydro-5- phenyl-2H-1,4-benzodiazepin-2-one.

74. PRAZEPAM

7-chloro-1-cyclopropyimethyl)-1, 3-dihydro- 5- phenyl-2H-1,4-benzodia-zepin-2-one

75. PYROVALERONE

4’-methyl-2-(1-pyrrolidinyl) valerophenone.

76. ROLICYCLIDINE

PHP, PCPY STP, DOM 1-(I-phenylcyclohexyl) pyrrolidine 2, 5- dimethoxy-a,4-dimethylphenethylamine.

77. SECOBARBITAL

5-allyl-5-(l-methylbutyl) barbituric acid.

Delta-9-tetrahydrocannabinol and its stero-chemical variants. (6aR, 10aR)-6a, 7,8, 10a-tetrahydro-6,6,9- trimethyl-3-pentyl-6H-dibenzo [b, d] pyran-1-

01.

78. SECBUTABARBITAL

5-sec-butyl-5-ethylbarbituric acid.

79. TEMAZEPAM

7-chloro-1,3-dihydro-3-hydroxy-1-methyl-5- phenyl-2H-1,4-benzodiazepin-2-one.

80. TETRAZEPAM

7-chloro-5-(l-cyclohexen-l-yl)-l,3-dihydro-1- methyl-2H-1,4-benzodiazepin-2-one.

81. TRIAZOLAM

8-chloro-6(0-chlorophenyl)-l-methyl-4H-s- trizazolo[4, 3a][l,4] bezodiazepine.

82. TENAMFETAMINE

MDA a-methyl-3,4-(methylenedioxy), phenethylamine.

83. TENOCYCLINDINE

TCP l-[l-(2-thienyl) clohexyl) piperidine.

1 2 3 tetrahydrocannabinol the following isomers and their stereochemical variants. 7,8,9,10-tetrahydro-6, 6, 9-trimethyl-3-pentyl- 6H-dibenzo [b,d] pyran-1-01. (9R, 10aR)-8,9,10,10a-tetraphydro-6,6, 9- trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-

01. (6aR, 9R, l0aR) 6a, 9, l0a-tetrahydro-6,6,9- trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-

01.

(6aR, 9R, l0aR) 6a,7, 10, 10a-tetrahydro- 6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-01.

6a. 7, 8, 9-tetrahydor-6,6,9-trimethyl-3- pentyl-6H-dibenzo [b,d] pyran-1-01.

6a, 7, 8, 9-tetrahydor-6,6,9-trimethyl-3- pentyl-6H-dibenzo [b,d] pyran-1-01. (6a R, I0aR)-6a,7, 8,9, 10, 10a-hexahiydro-6, 6,9- trimethyl-3-pentyl-6H-dibenzo [b,d] pyran 1-01.

84. VINYBITAL

5-(l-methylbutyl)-vinylbarbituric acid.

85. MECLOQUALONE

3(0-chlorophenyl)-2-methyl-4(3H)- quinazolione.

______________________

1[SCHEDULE-II

[see section 2(k)]

Division –I

(Table-I of the 1988 Convention)

Ephedrine N-acetylanthranilic acid Erogometrine Isosafrole Ergotamine 3,4 methylnedeioxphenyl- Lysergic acid 2- propanone 4-pheny 1-2 propanone Piperonal Pseudoephedrine Safrole

1 Added. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.26.

Division-II

(Table-II of the 1988 Convention)

Acetic anhydride Hydrochloric acid Acetone Methyl ethyl Anthranilic acid Ketone Ethyle eter Potassium permanaganate Phenylacetic acid Sulphuric acid Vb Piperidine Toluene ]

Print contents from the source

CONTENTS

CHAPTER I
PRELIMINARY

1. Short title 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.

Page 2 of 50
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.
36. Reports of Government Analysts.

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.
40A. Jurisdiction of special court.
41. Prohibition of alienation of freezed property.

Page 3 of 50
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.
49A. Remand.
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.

Page 4 of 50
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.
74A. Power to amend Schedules.
75. Indemnity.
76. Act to override other laws.
77. Power to make rules.
78. Repeal and saving.

Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 3e097c6788f6d06586c6ae82dd48996013e59149e1baed95a0d6ce6f40028d16.

Page 1 of 50
Updated till 04.08.2023

THE CONTROL OF NARCOTIC SUBSTANCES ACT,
1997

CONTENTS

CHAPTER I
PRELIMINARY

1. Short title and commencement.
2. Definitions.
3. Calculation of percentages in liquid preparations.

CHAPTER II
PROHIBITION AND PUNISHMENT

Page 2 of 50
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

CHAPTER IV
FREEZING AND FORFEITURE OF ASSETS

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.

Page 4 of 50
64. Requests to recover foreign fines.
65. Sharing forfeited property with foreign States.
66. Extradition.
CHAPTER IX
GENERAL

SCHEDULE

___________________

Page 5 of 50
THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997

1ACT NO. XXV OF 1997

An Act to consolidate and amend the laws relating to narcotic drugs and psychotropic substances

WHEREAS it is expedient to consolidate and amend the laws relating to narcotic s drugs,
psychotropic substances, 2[controlled substances] and control the production, processing and
trafficking of such drugs and 2[to provide for forfeiture of property derived from or used in illicit
traffic in narcotic drugs, psychotropic substances and controlled substances and to implement the
provisions of the international conventions on narcotic drug s, psychotropic substances and
controlled 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 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 ;

(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 ;

1 This Act shall apply to FATA, vide S.R.O. No. 1295(I)/98, dated 16-11-1998.
2 Ins. and subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s. 2.

Page 6 of 50
(iii) any association of persons, body of individuals, firm or private
limited company within the meaning of 1[Companies Act, 2017 (XIX
of 2017) and the Limited Liability Partnership Act, 2017 (XV of
2017)], 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 1[and include all forms known as bhang, siddhi
or ganja]; 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, leave-ecgonine having the chemical formula
C9H15NO3H2O and all chemical derivatives of leavo-ecgonine
including benzoylecgonine from which it can be recovered;

(iii) cocaine, that is, methyl -benzoyl-leave-ecgonine having the chemical
formula C17H21NO4 and its salts; and

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

1 Subs. and Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s. 3.

Page 7 of 50
(h) “coca leaf” means__
(i) the leave 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 1[or which is declared to be a controlled substance and given in the
Schedule-II pursuant to the provision of any international convention, and by
notification in the official Gazette by the divison concerned,];

(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 F orce or
any other officer appointed by the Federal Government to perform the duties
and functions of the Director-General under this Act; and

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

1[(oa) “illicit traffic” in the relation to narcotic drugs, psychotropic substances or
controlled substances means __

(i) cultivating any coca plant or gathering any portion of cocoa plant;
(ii) cultivating the opium poppy or any cannabis plant or gathering in any
portion of opium poppy or cannabis plant;

1 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s. 3.

Page 8 of 50
(iii) engaging in the production, manufacture, possession, sale, purchase,
transportation, wareho using, concealment, use or consumption, import
into P akistan, export from Pakistan or transship any narcotic drugs or
psychotropic substances or controlled substances;
(iv) dealing in any activities in narcotic drugs or psychotropic substances or
controlled sub stances other than those referred to in sub -clauses (i) to
(iii);
(v) handling or letting out any premises for the carrying on of any of the
activities referred to in sub-clauses (i) to (iv);
(vi) financing directly or indirectly any of the aforementioned activities;
(vii) abetting or conspiring in the furtherance of or in support of doing any of
the aforementioned activities; or
(viii) harboring persons engaged in any of the aforementioned activities.;

(ob) “international convention” means__
(i) the Single Convention on Narcotic Drugs done at New York on the
30th March, 1961, as amended by the 1972 Protocol done at Geneva on
the 25th March, 1972;

(ii) the Convention Against Psychotropic S ubstances done at Vienna on
the 21st February, 1971;

(iii) the Un ited Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances done at Vienna on the 20 th
December, 1988; and
(iv) any other international convention to which Pakistan may become
party in future relating in whole or in par t to the control of drugs of
abuse, controlled chemicals or controlled equipments;]

(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

Page 9 of 50

(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 include 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, any product of opium obtained by any series
of 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 semisynthetic substance, also known as
diamorphine or heroin, having the chemical formula C 21 H23NO5 and
its salts; and
(v) all preparations containing more than 0.2 per cent of morphine, or
containing any diacetylmorphine ;
(v) “opium poppy” means the plant of the species Papaver Somniferum L;

(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;

Page 10 of 50

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

(z) “property” includes__

(i) all forms of property, whether corporeal or incorporeal, movable
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 any corporate body, company, firm,
business concern, society or fund; and

(iv) all documents of title to land, goods or property wherever situated,
money or valuable security issued by the Government;

(za) “psychotropic substance” means the substances, specified in the 1[Schedule-I]
to this Act and such substances as the Federal Government may, by
notification in the official Gazette, declare to be a psychotropic substance;

(zb) “relative”, in relation to an accused, means the spouse or any lineal
descendant of the accused and includes any other person holding property
for or on his behalf;

(zc) “Special Court” means the Special Court established under section 46 or any
other c ourt empowered to exercise the powers of the Special Court under
this Act; and

(zd) “tracing” means the finding out the true nature, source, disposition, movement
or ownership of assets and includes determining the movement or
conversion of assets by any means, and “trace” shall be construed
accordingly.

3. Calculation of percentages in liquid preparations. ___ The Federal Government may
make rules prescribing the methods by which percentages in the case of liquid preparations shall be
calculated for the purposes of clauses (g), (h), (t) and (u) of section 2 :

Provided that, unless and until such rules are made, such percentages shall be calculated on
the basis that a preparation containing one per cent of a substance means a preparation in which
one gram of the substance, if a solid, or one milliliter of the substance, if a liquid, is contained in
every one hundred milliliters of the preparation, and so in proportion for any greater or less
percentage.

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s. 3.

Page 11 of 50
CHAPTER II
PROHIBITION AND PUNISHMENT
4. Prohibition of cultivation of narcotic plants.__ No one shall cultivate 1[or let his land
for cultivation or giv e possession for cultivation of ] any cannabis plant, coca bush or opium poppy,
or gather any portion of a cannabis plant, coca bush or opium poppy:

Provided that the Federal Government or a Provincial Government authorised by the
Federal Government may, subject to such conditions as it may prescribe, permit under a licence
cultivation or gathering of any such narcotic plant or any portion thereof exclusively for
medical, scientific or industrial purposes.

5. Punishment for contravent ion of s ection 4. __ Whoever contravenes the provisions of
section 4 shall be punishable with imprisonment which may extend to seven years 1[but shall not be
less than one year and also be liable to fine].

6. Prohibition of possession of narcotic drugs, etc. __ No one shall produce, manufacture,
extract, prepare, possess, offer for sale, sell, purchase, distribute, deliver on any terms whatsoever,
transport, despatch, any narcotic drug, psychotropic substance or controlled substance, except for
medical, scientific or industrial purposes in the manner and subject to such conditions as may be
specified by or under this Act or any other law for the time being in force.

7. Prohibition of import or export of narcotic drugs, etc.__ (1) No one shall__

(a) import into Pakistan;

(b) export from Pakistan;

(d) transship.

any narcotic drug, psychotropic substance or controlled substance, save in accordance with rules
made under sub-section (2) and in accordance with the conditions of any licence, permit or
authorization for that purpose which may be required to be obtained under those rules.

(2) The Federal Government may make rules permitting and regulating the import into and
export from Pakistan, tra nsport within Pakistan and tran shipment of narcotic drugs, psychotropic
substances or controlled substances, and such rules may prescribe the ports or places at which any
kind of narcotic drug, psychotropic substance or controlled substance may be imported, exported,
transported within Pakistan or transhipped, the form and conditions of licence, permit or authorities
by which such licences, permits or authorization may be granted, the fees that may be charged
therefor, any other matter required to have effective control of the Federal Government ove r such
import, export, transportation and transshipment.

8. Prohibition on trafficking or financing the trafficking of narcotic drugs etc.__
No one shall—

(a) organize, manage, traffic in, or finance the import, transport, manufacturing or
trafficking of, narcotic drugs, psychotropic substances or controlled
substances; or
(b) use violence or arms for committing or attempt to commit an offence
punishable under this Act.

1 Ins. and subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss.4 - 5.

Page 12 of 50
1[9.Punishment for contravention of Sections 6, 7 and 8. ___ (1) Whoever contravenes
the provisions of section 6,7 and 8 regarding narcotic drugs shall be punished with punishment as
given in column (3) of the TABLE below with regard to offence committed as mentioned in column
(2) thereof, namely:___
TABLE

S.
No
Offence Punishment
Type of Narcotics Quantity
(1) (2) (3)
1 Bhang (a) Up to 999 grams. imprisonment which may extend to three years but
shall not be less than six months along -with fine
which may be up to ten thousand rupees.
(b) 1000 grams to 9999 grams. imprisonment which may extend to seven years but
shall not be less than three years along -with fine
which may be up to one hundred thousand rupees
but not less than ten thousand rupees.
(c) 10000 grams to 19999 grams. imprisonment which may exte nd to fourteen years
but shall not be less than seven years along -with
fine which may be up to two hundred thousand
rupees but not less than one hundred thousand
rupees.
(d) 20000 grams or more. imprisonment which may extend to life
imprisonment but shall not be less than fourteen
years along-with fine which shall not be less than
two hundred thousand rupees.
2 Post or poppy straw (a) Up to 999 grams.

imprisonment which may extend to four years but
shall not be less than eight months along -with fine
which may be up to twenty thousand rupees.
(b) 1000 grams to 9999 grams. imprisonment which may extend to eight years but
shall not be less than four years along -with fine
which may be up to two hundred thousand rupees
but shall not be less than twenty thousand rupees.
(c) 10000 grams to 14999 grams. imprisonment which may extend to fourteen years
but shall not be less than eight years along-with fine
which may be up to three hundred thousand rupees
but not less than two hundred thousand rupees.
(d) 15000 grams or more. imprisonment which may extend to life
imprisonment but shall not be less than fourteen
years along-with fine which shall not be less than
three hundred thousand rupees.

1 Subs. by the control of narcotic substances (Amdt) substances Act 2022 (XX of 2022) s.6.

Page 13 of 50

S.
No
Offence Punishment
Type of Narcotics Quantity
(1) (2) (3)
3 Charas (a) Up to 499 grams. imprisonment which may extend to five years but
shall not be less than ten months along -with fine
which may be up to forty thousand rupees.
(b) 500 grams to 999 grams. imprisonment which may extend to nine years but
shall not be less than five years along -with fine
which may be up to eighty thousand rupees but not
less than forty thousand rupees.
(c) 1000 grams to 4999 grams. imprisonment which may extend to fourteen years
but shall not be less than nine years along -with fine
which may be up to four hundred thousand rupees
but not less than eighty thousand rupees.
(d) 5000 grams to 9999 grams. imprisonment which may extend to twenty years
but shall not be less than fourteen years along -with
fine which may be up to eight hundred thousand
rupees but not less than four hundred thousand
rupees.
(e) 10000 grams or more. imprisonment which may extend to life
imprisonment but shall not be less than twenty years
along-with fine which shall not be less than eight
hundred thousand rupees.
4 Hashish oil and
liquid Hashish
(a) Up to 499 grams.

imprisonment which may exten d to seven
years but shall not be less than fourteen months
along-with fine which may be up to forty thousand
rupees.
(b) 500 grams to 999 grams. imprisonment which may exten d to fourteen years
but shall not be less than seven years along -with
fine which may be up to eighty thousand rupees but
not less than forty thousand rupees.
(c) 1000 grams to 4999 grams. imprisonment which may exten d to twenty years
but shall not be less than fourteen years along-with
fine which may be up to four hundred thousand
rupees but not less than eighty thousand rupees.
(d) 5000 grams or more. imprisonment which may extend to life
imprisonment but shall not be less than twenty years
along-with fine which shall not be less than four
hundred thousand rupees.
5 Opium (a) Up to 499 grams.

imprisonment which may extend to six years but
shall not be less than one year along -with fine
which may be up to fifty thousand rupees.

Page 14 of 50
S.
No
Offence Punishment
Type of Narcotics Quantity
(1) (2) (3)
(b) 500 grams to 999 grams. imprisonment which may extend to nine years but
shall not be less than six years along-with fine which
may be up to one hundred thousand rupees but not
less than fifty thousand rupees.
(c) 1000 grams to 2999 grams. imprisonment which may exten d to twelve years but
shall not be less than nine years along -with fine
which may be up to three hundred thousand rupees
but not less than one hundred thousand rupees.
(d) 3000 grams to 4999 grams. imprisonment which may extend to fif teen years but
shall not be less than twelve years along -with fine
which may be up to five hundred thousand rupees
but not less than three hundred thousand rupees.
(e) 5000 grams to 7999 grams. imprisonment which may extend to twenty years but
shall not be less than fifteen years along -with fine
which may be up to eight hundred thousand rupees
but not less than five hundred thousand rupees.
(f) 8000 grams or more. imprisonment which may extend to life
imprisonment but shall not be less than twenty years
along-with fine which shall not be less than eight
hundred thousand rupees.
6 Heroin and morphine (a) Up to 99 grams.

imprisonment which may extend to seven
years but shall not be less than eighteen months
along-with fine which may be up to twenty five
thousand rupees.
(b) 100 grams to 499 grams. imprisonment which may exten d to ten years but
shall not be less than seven years along -with fine
which may be up to one hundred and twenty-five
thousand rupees but not less than twenty five
thousand rupees.
(c) 500 grams to 1999 grams. imprisonment which may exten d to fourteen years
but shall not be less than ten years along-with fine
which may be up to five hundred thousand rupees
but not less than one hundred and twenty-five
thousand rupees.
(d) 2000 grams to 3999 grams. imprisonment which may extend to twenty years but
shall not be less than fourteen years along-with fine
which may be up to one million rupees but not less
than five hundred thousand rupees.
(e) 4000 grams to 5999 grams. imprisonment may be for life but shall not be less
than twenty years along-with fine which may be up
to one and half million rupees but shall not be less
than one million rupees.

Page 15 of 50
S.
No
Offence Punishment
Type of Narcotics Quantity
(1) (2) (3)
(f) 6000 grams or more.
1[* * *] imprisonment which shall not be less than life
along-with fine which may extend to two million but
shall not be less than one and half million rupees.
7 Cocaine (a) Up to 99 grams.

imprisonment which may extend to seven
years but shall not be less than eighteen months
along-with fine up to fifty thousand rupees.
(b) 100 grams to 999 grams. imprisonment which may exten d to fifteen years but
shall not be less than seven years along -with fine
which may be up to five hundred thousand rupees
but not less than fifty thousand rupees.
(c) 1000 grams to 4999 grams. imprisonment which may extend to twenty years but
shall not be less than fifteen years along -with fine
which may be up to two million and five hundred
thousand rupees but not less than five hundred
thousand rupees.
(d) 5000 grams or more.
1[* * *] imprisonment for life but imprisonment shall
not be less than twenty years along -with fine which
shall not be less than two million and five hundred
thousand rupees.
Provided that if an offence is committed relating to narcotic drug inside or near a school,
college, university, educational setting or any other educational institution maximum punishment
provided for that offence shall be awarded:
Provided further that if any person who has previously been convicted for any offence under
this Act is su bsequently convicted for the offence relating to narcotic drug, he shall be convicted
with maximum punishment provided for that offence.

(2) Whoever contravenes the provision s of sections 6, 7 and 8 regarding psychotropic
substances shall be punished wit h punishment as given in column (3) of the TABLE below with
regard to quantity of psychotropic substances given in column (2) thereof, namely:___
TABLE
Sr.
No
Offence with regard to quantity of psychotropic substance Punishment
(1) (2) (3)
1 Up to 20 grams. Imprisonment which may extend to one year but
shall not be less than two months along -with fine
which may be up to fifty thousand rupees.

1Omitted by Act XXXVIII of 2023, s.2.

Page 16 of 50

Sr.
No
Offence with regard to quantity of psychotropic substance Punishment
(1) (2) (3)
2 More than 20 grams and up to 50 grams. Imprisonment which may extend to two years but
shall not be less than one year along -with fine which
may be up to one hundred thousand rupees.
3 More than 50-grams and up to 100 grams. Imprisonment which may extend to three years but
shall not be less than two years along -with fine
which may be up to two hundred thousand rupees.
4 More than 100-grams and up to 500 grams. Imprisonment which may extend to five years but
shall not be less than three years along -with fine
which may be up to four hundred thousand rupees.
5 More than 500-grams and up to one kilo grams. Imprisonment which may extend to seven years but
shall not be less than five years along -with fine
which may be up to eight hundred thousand rupees.
6 More than one kilo grams and up to two kilo grams. Imprisonment which may extend to ten years but
shall not be less than seven years along-with fine
which may be up to twelve hundred thousand rupees.
7 More than two kilo grams and up to three kilo grams. Imprisonment which may extend to fourteen years
but shall not be less than ten years along-with fine
which may be up to sixteen hundred thousand
rupees.
8 More than three kilo grams and up to four kilo grams. Imprisonment which may extend to twenty years but
shall not be less than fourteen years along-with fine
which may be up to eighteen hundred thousand
rupees.
9 Exceeding four kilo grams. Imprisonment which shall not be less than life
imprisonment along-with fine which shall not be less
than two million rupees.
Provided that if any offence is committed relating to psychotropic substance inside or near a
school, college, university, educational setting or any other educational institution, he shall be
punishable with maximum punishment provided for that offence:
Provided further that if any person who has previously been convicted for any offence under
this Act is subsequ ently convicted for the offence relating to psychotropic substance and quantity
does not exceed two kilograms than he shall be convicted with maximum punishment provided for
that offence:
Provided also that if the quantity of psychotropic substance in sub sequent offence exceeds
two kilograms, the punishment shall not be less than life imprisonment.
Provided furher that if recovered psychotropic substance is methamphetamine (ICE) given at
serial number 47 of the Schedule -I to this Act and quantity exceeds four kilograms, punishment
1[shall be] life imprisonment and fine which may not be less than two and half million.
(3) Whoever contr avenes the provisio ns of section s 6, 7 and 8 regarding controlled
substances specified in Table-I and Table-II of the Schedule-II shall be punishable with punishment
1Subs. by Act XXXVIII of 2023, s.2.

Page 17 of 50
given in column (3) of the following Table -I and Table -II respectively with regard to offence
committed as mentioned in column (2) thereof, namely:___
TABLE-I
Sr.
No
Offence with regard to quantity of controlled substance Punishment
(1) (2) (3)
1 Up to 100 grams. Imprisonment which may extend to six months but
shall not be less than two months along-with fine
which may be up to twenty-five thousand rupees.
2 More than 100 grams and up to 500 grams. Imprisonment which may extend to one year but
shall not be less than six months along-with fine
which may be up to fifty thousand rupees.
3 More than 500 grams and up to one kilo grams. Imprisonment which may extend to three years but
shall not be less than one year along-with fine which
may be up to one hundred thousand rupees.
4 More than one kilo grams and up to two kilo grams. Imprisonment which may extend to five years but
shall not be less than three years along -with fine
which may be up to one hundred and fifty thousand
rupees.
5 More than two kilo grams and up to five kilo grams. Imprisonment which may extend to seve n years but
shall not be less than five years along -with fine
which may be up to three hundred thousand rupees.
6 More than five kilo grams and up to seven kilo grams. Imprisonment which may extend to te n years but
shall not be less than seven years along -with fine
which may be up to five hundred thousand rupees.
7 More than seven kilo grams and up to ten kilo grams. Imprisonment which ma y extend to fourteen years
but shall not be less than t en years alo ng-with fine
which may be up to seven hundred thousand rupees.
8 Exceeding ten kilo grams. Imprisonment which shall not be less than life
imprisonment along -with fine which may be up to
one million rupees.

TABLE-II

Sr.
No
Offence with regard to quantity of controlled substance Punishment
(1) (2) (3)
1 Up to one kilo grams. Imprisonment which may extend to six months but
shall not be less than two months along-with fine
which may be up to ten thousand rupees.
2 More than one kilo grams and up to three kilo grams. Imprisonment which may extend to on e year but
shall not be less than six months along-with fine
which may be up to fifty thousand rupees.

Page 18 of 50

Sr.
No
Offence with regard to quantity of controlled substance Punishment
(1) (2) (3)
3 More than three kilo grams and up to five kilo grams. Imprisonment which may extend to three years but
shall not be less than one year along -with fine
which may be up to one hundred thousand rupees.
4 More than five kilo grams and up to ten kilo grams. Imprisonment which may extend to five years but
shall not be less than three years along -with fine
which may be up to two hundred thousand rupees.
5 More than ten kilo grams and up to twenty kilo grams. Imprisonment which may extend to seven years but
shall not be less than five years along -with fine
which may be up to three hundred thousand rupees.
6 More than twenty kilo grams and up to thirty kilo grams. Imprisonment which may extend to ten years but
shall not be less than five years along -with fine
which may be up to five hundred thousand rupees.
7 More than thirty kilo grams and up to fifty kilo grams. Imprisonment which may extend to fourteen years
but shall not be less than ten years along -with fine
which may be up to seven hundred thousand
rupees.
8 Exceeding fifty kilo grams. Imprisonment shall not be less than life
imprisonment along-with fine which may be up to
one million rupees.
Provided that if any person who has previously been convicted for any offence under this
Act, is subsequently convicted for the offence relating to controlled substances and quantity does not
exceed from six kilograms then he shall be convicted with maximum punishment provided for that
offence:
Provided further that when th e quantity of controlled substances in subsequent offence
exceeds from six kilograms the accused shall be punished not less than life imprisonment:
Provided further also that if any accused is found guilty of trafficking narcotic drug ,
psychotropic substance or controlled substance into Pakistan or from Pakistan, he shall be convicted
with maximum punishment provided for that offence.
9(A) (l) Notwithstanding anything contained in any other law or prison rules for the time
being in force, no remissions in any sentence shall be allowed to a person, who is convicted under
this Act:
Provided that in case of a juvenile or female convicted and sentenced for an offence under
this Act, remission, may be granted as deemed appropriate by the Federal Government.
(2) Notwithstanding anything contained in any law or rules for the time being in force,
neither probation in any sentence shall be allowed nor any accused convicted under this Act shall be
released on parole:
Provided that if the convicted accused is a juvenile or female, he can be released on probation

Page 19 of 50
on parole as per relevant laws and rules.
(3) Notwithstanding anything contained in any other law for time being in force, imprisonment
for life under this Act means imprisonment in jail for the period of twenty-five years.]
10. Prohibition on owning, operating premises or machinery for manufacture of narcotic
drugs, etc.___ No one shall own, manage, operate or control any premises, place, equipment or
machinery for the purpose of manufacture or production of cannabis, cocaine, opium, opium derivatives,
narcotic drugs, psychotropic substance or controlled substance save in accordance with the conditions of
a licence and payment of such fees as may be prescribed.
11. Punishment for contravention of Section 10. __ Whoever contravenes the provisions of
section 10 shall be punishable with imprisonment which may extend to twenty-five years but shall not be
less than ten years and shall also be liable to fine which shall not be less than one million rupees.
12. Prohibition of acquisition and possession of assets derived from narcotic offences.__
No one shall knowingly___

(a) possess, acquire, use, convert, assign or transfer any assets which have been
derived, generated or obtained, directly or indirectly, either in his own name or in
the name of his associates, relatives or any other person through an act or
omission relating to narcotic substances which constitutes an offence punishable
under this Act, the Customs Act, 1969 (IV of 1969), the Prohibition
(Enforcement of Hadd) Order, 1979 (P.O. No. 4 of 1979), under any other law for
the time being in force, or constituted an offence under any law repealed by this
Act, the Control of Narcotic Substances Ordinance, 1996 (XCIV of 1996) or any
other law repealed by this Act;

(b) hold or possess on behalf of any other person any assets referred to in clause (a);
and

(c) conceal or disguise the true nature, source, location, disposition, movement, title,
or ownership of such assets by making false declaration 1[or by employing any
other means of concealment] in relation thereto.
13. Punishment for contravention of section 12. __ Whoever contravenes the provisions of
section 12 shall be punishable with imprisonment which may extend to fourteen years but shall not be
less than five years and shall also be liable to fine which shall not be less than the prevailing value of the
assets and such assets shall also be liable to forfeiture to the Federal Government.

14. Prohibition on aiding, abetment or association in narcotic offences. __ No one shall,
within or outside Pakistan, participate in, associate or conspire to commit, attempt to commit, aid, abet,
facilitate, incite induce or counsel the commission of an offence punishable under this Act.

Explanation. For the purpose of this section, a person shall be deemed to have associated
with, conspired, aided, abetted, facilitated, incited, induced or counselled an offence within the meaning
of this section if he does anything in a place beyond Pakistan which__

(a) would constitute an offence if committed within Pakistan; or

(b) under the laws of such other place, is an offence relating to narcotic drugs,
psychotropic substances or controlled substances having all the legal or analogous
conditions required to constitute it as an offence punishable under this Act.

1Ins. by the control of narcotic substances (Amdt) Act 2020 (XXIV of 2020), s. 2

Page 20 of 50

15. Punishment for contravention of section 14. __ Whoever participates in, associates,
conspires to commit, attempts to commit, aids, abets, facilitates, incites, induces or counsels
the commission of an offence in contravention of section 14 shall, whether such offence be or be not
committed in consequence of such participatio n, association, conspiracy, aid, abetment, facilitation,
incitement, inducement or counselling, and notwithstanding anything contained in section 116 of the
Pakistan Penal Code (Act XLV of 1860), be punishable with the punishment provided for the
offence or such lesser punishment as may be awarded by the Court.
16. Punishment for offence for which no punishment is provided. __ Whoever
contravenes any provision of this Act or any rule or order made, or any licence, permit or
authorisation issued hereunder, for which no punishment is separately provided in this Chapter, shall
be punishable with imprisonment for a term which may extend to 1[three years and fine].
17. Obstructions to officers. ___ Whoever hinders or obstructs any officer in the
performance of his functions under this Act or willfully furnishes to such officer any information
which is, to his knowledge or belief, false in material particulars shall be punishable with rigorous
imprisonment for a term which may extend to three years, 1[and fine but shall not be less than one
year and fine] .
18. Limit of fine, etc. __ Where for any offence under this Act no amount of minimum fine
has been fixed, the Special Court shall impose a fine keeping in view the quality and quantity of the
narcotic drug, psychotropi c substance or controlled substance involved in the commission of such
offence.
19. Forfeiture of assets of an offender. __ Notwithstanding anything contained in section
13, where the Special Court finds a person guilty of an offence punishable under this Act a nd
sentences him to imprisonment for 1[one year or above] , the Court shall order that his assets
derivable from trafficking in narcotic substances shall stand forfeited to the Federal Government
unless it is satisfied, for which the burden of proof shall rest on the accused, that they or any part
thereof, have not been so acquired.

_______________

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss.7-9.

Page 21 of 50
CHAPTER III
SEARCH AND INVESTIGATION
20. Power to issue warrants.__ (1) A Special Court may issue a warrant for the arrest of
any person whom it has reason to believe to have committed an offence punishable under this Act, or
for the search, whether by day or by night, of any building, place, premises or conveyance in which
he has reason to believe any narcotic drug, psychotropic substance or controlled substance in respect
of which an offence punishable under this Act has been committed is kept or concealed.

(2) The officer to whom a search warrant under sub-section (1) is addressed shall have all the
powers of an officer acting under section 21.

21. Power of entry, search, seizure and arrest without warrant. __ (1) Where an officer,
not below the rank of Sub-Inspector of Police or equivalent authorized in this behalf by the Federal
Government or the Provincial Government, who from his personal knowledge or from information
given to him by any person is of opinion that any narcotic drug, psychotropic substance or
controlled substance in respect of which an o ffence punishable under this Act has been
committed is kept or concealed in any building, place, premises or conveyance, and a warrant for
arrest or search cannot be obtained against such person without affording him an opportunity for the
concealment of evidence or facility for his escape, such officer may—

(a) enter into any such building, place, premises or conveyance;

(b) break-open any door and remove any other obstacle to such entry in case of
resistance;

(c) seize such narcotic drugs, psychotropic substances and controlled substances
and other materials used in the manufacture thereof and any other article
which he has reason to believe to be liable to confiscation under this Act and
any document or other article which he has reason to believe may furnish
evidence of the commission of an offence punishable under this Act; and

(d) detain, search and, if he thinks proper, arrest any person whom he has reason
to believe to have committed an offence punishable under this Act.

(2) Before or immediately after taking any action under sub-section (1), the officer
referred to in that sub -section shall record the grounds and basis of his information and proposed
action and forthwith send a copy thereof to his immediate superior officer.

22. Power to seizure and arrest in public places.__ An officer authorized under section
21 may—

(a) seize, in any public place or in transit, any narcotic drug, psychotropic
substance or controlled substance in respect of which he has reason to believe
that an offence punishable under this Act has been committed, and, along with
such drug, substance or any other article liable to confiscation under this
Act and any document or other article which he has reason to believe
may furnish evidence of the commission of an offence punishable under this
Act; and

Page 22 of 50
(b) detain and search any person whom he has reason to believe to have
committed an offence punishable under this Act, and if such person has any
narcotic drug, psychotropic substance or controlled substance in his
possession and such possession appears to him to be unlawful, arrest him.

Explanation.__ For the purpose of this section, the expression “public place” includes
any public conveyance, hotel, shop or any other place intended for use by, or accessible to, the
public.

23. Power to stop and search conveyance. __ An officer referred to in Section 1[21], may,
if he has reason to suspect that any conveyance is, or is about to be, used for the transport of any
narcotic drug, psychotropic substance or controlled substance in respect of which he suspects that
any provision of this Act has been, or is being, or is about to be, contravened at any time, stop such
conveyance or, in the case of an aircraft, compel it to land and—

(a) rummage and search the conveyance or part thereof;

(b) examine and search any goods on or in the conveyance; or

24. Undercover and controlled delivery operations. __ (1) Subject to sub -section (2) and
to any treaty, arrangement or understanding with any foreign State to which Pakistan may from
time to time be party, the Federal Government may give approval in writing to controlled delivery
operations, for the purpose of gathering evidence in Pakistan or elsewhere relating to the
commission of any offence against this Act or a similar law of a foreign State.

(2) Approval may not be given under sub-section (1) unless the Federal
Government__

(a) suspects that persons, whose identity may or may not be known, have
engaged in, are engaging in or are about to engage in, conduct constituting
an offence against this Act or a similar law of a foreign State; and

(b) is satisfied that the proposed operations are properly designed to give such
persons an opportunity to manifest that conduct or provide other evidence
of it.

(3) The Federal Government may give approval from time to time for a period not
exceeding three months.

(4) Without limiting the generality of sub -section (1), the activities which may be
undertaken by an authorised participant in the course of and for the purposes of a controlled
delivery and undercover operation include__

(a) allowing any conveyance to enter or leave Pakistan;

(b) allowing any narcotic drug, psychotropic substance, manufactured drug,
controlled substance, property or other thing in or on the conveyance to be
delivered or collected;

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.10.

Page 23 of 50
(c) using such force as may be reasonable in the circumstances to enter and
search the conveyance;

(d) placing a tracking device in or on the conveyance; and

(e) allowing any person who has possession or custody of the narcotic drug,
psychotropic substance, manufactured drug, controlled substance, property
or other thing to enter or leave Pakistan.

(5) Notwithstanding anything contained in any other law for the time being in force an
authorized participant in an undercover operation or a controlled delivery shall not incur any
criminal liability by taking part in it in accordance with the terms of approval.

(6) Any drug of dependence, controlled chemical, controlled equipment or controlled
material imported into Pakistan in the course of an approved undercover operation or
controlled delivery shall be liable to be dealt with as if it were a prohibited import for the
purposes of the Customs Act, 1969 (IV of 1969).

25. Mode of making searches and arrest.__ The provisions of the Code of Criminal
Procedure, 1898, except those of section 103, shall, mutatis mutandis , apply to all searches and
arrests in so far as they are not inconsistent with the provisions of sections 20, 21, 22 and 23 to all
warrants issued and arrests and searches made under these sections.

26. Punishment for vexatious entry, search, seizure or arrest.__ Any person empowered
under section 20 or section 21 who__

(a) without reasonable grounds of suspicion, enters or searches, or causes to be
entered or searched, any building, place, premises or conveyance;

(b) vexatiously and unnecessarily seizes the property of any person on the
pretence of seizing or searching for any narcotic drug, psychotropic substance,
controlled substance or any other article or document relating to any offence
under this Act; and

shall be punished with imprisonment for a term which may extend to three years and shall also
be liable to fine which may extend to twenty-five thousand rupees.

27. Disposal of persons arrested and articles seized.__ (1) Every person arrested and
articles seized under a warrant issued under section 20 shall be forwarded without delay to the
authority by whom the warrant was issued; and every person arrested and article seized under
section 20 or section 21 shall be forwarded without delay to __

(a) the officer-in-charge of the nearest police station; and

(b) the Special Court having jurisdiction.

(2) The authority or officer to whom any person or article is forwarded under this section
shall, with all convenient despatch take such measures as may be necessary under the law for the
disposal of such person or article.

Page 24 of 50

28. Powers to invest officers of law enforcement agencies with powers of an officer -in-
charge of a police station. __ The Federal Government may invest any officer of law enforcement
agency or any other officer within their respective jurisdiction with the powers of an officer -in-
charge of a police station for the investigation of offence under this Act.

29. Presumption from possession of illicit articles. __ In trials under this Act, it may be
presumed, unless and until the contrary is proved, that the accused has committed an offence under
this Act in respect of___

(a) any narcotic drug, psychotropic substance or controlled substance;

(b) any cannabis, coca or opium poppy plant growing on any land which he has
cultivated;

(c) any apparatus specially designed or any group of utensils specially adapted for
the production or manufacture of any narcotic drug, psychotropic substance or
controlled substance; or

(d) any materials which have undergone any proces s towards the production or
manufacture of narcotic drug, psychotropic substance or controlled substance
or any residue left of the materials from which a narcotic drug, psychotropic
substance or controlled substance has been produced or manufactured, for the
possession of which he fails to account satisfactorily.

30. Presumption as to documents in certain cases.__ Where in the course of an
investigation for an offence committed under this Act or any other law for the time being in force
any document is produced or furnished, or has been seized from the custody or control of any
person, the Special Court shall—

(a) presume, unless the contrary is proved, that the signature and every other part
of such document which purports to be in the hand -writing of any
particular person or which the Special Court may reasonably assume to have
been signed by, or to be in the hand -writing of, any particular person, is
in that person’s hand -writing, and in the case of a document executed or
attested, that it was ex ecuted or attested by the person by whom it purports to
have been so executed or attested;

(b) admit the document in evidence, notwithstanding that it is not duly stamped, if
such document is otherwise admissible in evidence; and

(c) presume, unless the contrary is proved, the truth of the contents of such
document.
31. Power to call for information.__ (1) An officer authorised under section 21 may, during
the course of an enquiry 1[or investigation] in connection with the contravention of any
provision of this Act,__

1 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.11.

Page 25 of 50
(a) 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;

(b) require any person to produce or deliver any document or thing useful or
relevant to the inquiry ;

(d) require any bank or financial institution, notwithstanding anything contained
in any other law for the time being in force, to provide any information
whatsoever.

1[(2) Notwithstanding anything contained in any provision of the Income Tax Ordinance
2001 (XLI of 2001), the Sales Tax Act, 1990, the Federal Excise Act, 2005 or any other law for the
time being in force relating to information, submitted by any person with respect to tax purposes, no
government department or authority shall refuse to provide documents and information call ed by the
officer authorized under this Act.]

32. Articles connected with narcotics. __ (1) Whenever an offence has been committed
which is punishable under this Act, the narcotic drug, psychotropic substance or controlled
substance, 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, psychotropic substance or controlled substance lawfully imported,
transported, manufactured, possessed, or sold along with, or in addition to, any narcotic drug,
psychotropic substance or controlled substance which is liable to confiscation under sub-section (1)
and the receptacles or packages, and the vehicles, vessels and other conveyances used in carrying
such drugs and substances shall likewise be liable to confiscation:

Provided that no vehicle, vessel or other conveyance shall be liable to confiscation
unless it is proved that the owner thereof knew that the offence was being, or was to be, committed
2[:]

2[Provided further that if any currency whether local or foreign or any valuable item having
monetary value used for the commission of the offence under this Act is seized it shall be
confiscated along-with other articles.]

33. Procedure for making confiscation .__(1) In the trial of offences under this Act,
whether the accused is convicted or acquitted, the Special Court shall decide whether any
article frozen or seized in connection with such offence is liable to confiscation.

(2) Where any article seized under this Act appears to be liable to confiscation under
section 32, but the person who committed the offence in connection therewith is not known or
cannot be found, the Special Court may inquire into and decide such liability, and may order
confiscation accordingly:

Provided that no order of confiscation of an article shall be made until the expiry of one
month from the date of freezing or seizure, or without hearing any person who may claim any right
thereto and the evidence, if any, which he produces in respect of his claim:

1 Added by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.11.
2 Subs. and added by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.12.

Page 26 of 50
1[Provided further that if any such article other than a narcotic drug, psychotropic substance
or controlled substance is liable to speedy and natural decay or in case of a vehicle, the Director
General, Anti-Narcotic Force, or any other officer authorized by notification in the official Gazette
by the Federal Government, is of opinion that the sale of such article or vehicle is for the benefit of
its owner, he may, with the approval of the Special Court, after due notice to the owner and by
public auction, direct that the article or, as the case may be, the vehicle be sold in accordance with
the rules made under this Act and the sale proceeds shall be deposited in the National Fund for
Drug Abuse till the final judgment of the court.]

1[(3) If on adjudication or, as the case may be, in case of appeal the vehicle or, as the case
may be, an article so sold is found not to have been liable to such confiscation, the entire sale
proceeds shall be handed over to the owner.]

(4) A narcotic drug, psychotropic substance or controlled substance seized un der this Act
shall be disposed of under Section 516A of the Code of Criminal Procedure, 1898 (Act V of 1898)
2[:]

2[Provided that the Federal Government may exempt any narcotic drugs, psychotr opic
substance and controlled substance for disposal under section 516A of the C ode by making rules
under this Act.]

34. Federal Narcotics Testing Laboratory, etc. __ (1) The Federal Government may, as
soon as may be after the commencement of this Act, set -up a Federal Narcotic Testing Laboratory
and such other institutes and narcotics testing research laboratories or notify any other laboratory or
institute to be a Federal Narcotics Testing Laboratory for carrying out the purposes of this Act.

(2) The Provincial Government may, wherever deems appropriate, set-up Provincial
Narcotics Testing Laboratories.

35. Government Analyst.__ The Federal Government or a Provincial Government may, by
notification in the official Gazette, appoint such persons as it thinks fit, having the prescribed
qualifications, to be Federal Government Analysts or, as the case may be, Provincial Government
Analysts, for such areas and in respect of such narcotic drugs, psychotropic substances or
controlled substances as may be specified in the notification.

36. Reports of Government Analy sts.___(1) The Government Analyst to whom a sample
of any narcotic drugs, psychotropic substance or controlled substance has been submitted for test
and analysis shall deliver to the person submitting it, a signed report in quadruplicate in the
prescribed form and forward one copy thereof to such authority as may be prescribed.

(2) Notwithstanding anything contained in any other law for the time being in force, any
document purporting to be a report signed by a Government Analyst shall be admissible as
evidence of the facts stated therein without formal proof and such evidence shall, unless rebutted,
be conclusive.

1Subs. by Ord. 66 of 2000, s.2.
2 Subs. & added by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.13.

Page 27 of 50
CHAPTER IV

FREEZING AND FORFEITURE OF ASSETS

37. Freezing of assets, etc. ___(1) Where the Special Court trying an offence punishable
under this Act is satisfied that there appear reasonable grounds for believing that the accused has
committed such an offence, it may order the freezing of the assets of the accused, his relatives and
associates.

(2) Where in the opinion of the Director -General or an officer authorised under section 21
an offence is being or has been committed, he may freeze the assets of such accused and within
1[thirty] days of the freezing shall place before the Court the material on basis of which the freezing
was made and further continuation of the freezing or otherwise shall be decided by the Court.

(3) The said officer shall trace, identify and freeze the assets during the investigation or trial
for the purpose of forfeiture by the Special Court:

Provided that the Director -General, or as the case may be, the off icer freezing any asset
shall, within three days, inform the Special Court about such freezing and the Special Court shall,
after notice to the person whose assets have been frozen, by an order in writing, confirm, rescind or
vary such freezing.
38. Tracing of assets. __(1) On receipt of a complaint or credible information or where a
reasonable suspicion exists about any person that he has acquired assets through illicit involvement
in narcotics, within or without Pakistan, an officer empowered under section 21 or any other person
authorised under section 37, shall proceed to trace and identify such assets.
(2) On receipt of authenticated information from a foreign court of competent jurisdiction
that a citizen of Pakistan has been charged for an offence w hich is also an offence under this Act,
an officer empowered under section 21 or any other person authorised under section 37 shall
proceed to trace and identify the assets of the said person, and subject to the provision of sub -
section (3) may freeze the said assets.
(3) Information about such assets shall be laid before to the Special Court for the purpose of
section 13 and section 19 in case action under this Act or any other law for the time being in force
is initiated and in case of the person who has committed the offence is outside Pakistan, before the
High Court for the purpose of forfeiture of assets under section 40.
(4) The actions referred to in sub -sections (1) and (2) may include any inquiry,
investigation or survey in respect of any person, premises, place, property, conveyance, documents
and books of accounts.
39. Order for forfeiture of assets. __ (1) Where the Special Court convicts an accused
under section 13, or sentences him to imprisonment for 1[one year or more], the Directo r-General
or an officer authorised by him may request the said Court by an application in writing alongwith a
list of the assets of the convict or, as the case may be, his associates, relatives or any other person
holding or possessing such assets on his behalf, for forfeiture thereof.
(2) Where the Special Court is satisfied that any assets specified in the list referred
to in sub -section (1) were derived, generated or obtained in contravention of section 12 or are
liable to be forfeited under section 19, it may order that such assets shall stand forfeited to the
Federal Government 1[and shall vest in that Government free from all encumbrances]:

1 Subs. and added by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss.14-15.

Page 28 of 50
Provided that no order under this section shall be made without issuing a notice to show
cause and providing a reasonable opportunity of being heard to the person being affected by such
order:

Provided further that if such person fails to tender any expla nation or defaults in making
appearance before the Special Court on any date appointed by it, the Special Court may proceed to
record an order ex-parte on the basis of the evidence available before it.

(3) Where any shares in a company are forfeited to the Federal Government under sub -
section (2), notwithstanding anything contained in the Companies Ordinance, 1984 (XLVII of
1984), or any other law for the time being in force or Articles of Association of the Company, such
shares shall be registered in the name of the Federal Government.
40. Forfeiture of assets of person convicted abroad.__ (1) Notwithstanding anything
contained in any other law for the time being in force, where a citizen of Pakistan is convicted by a
foreign court for an offence which is also an offence punishable under this Act, the Special Court
may, on an application made by the Director-General or any other officer authorised by the Federal
Government, order that the assets acquired in Pakistan by such citizen shall be forfeited to the
Federal Government.

(2) The Special Court shall presume, upon the production of any document purporting to be
a certified copy of a foreign judgment that such judgment was pronounced by a court of competent
jurisdiction, unless the contrary appears on the record , but such presumption may be displaced by
proving want of jurisdiction :

Provided that the judgment or order of conviction__

(a) is passed by the foreign court of competent jurisdiction;

(b) has been pronounced on the merits of the case;

(d) has not been made in contravention of any law in force in Pakistan;

(e) has assumed finality through appeal, revision or review and is not
subjudice before any appellate forum :

Provided further no order under this section shall be made without providing
an opportunity of being heard to such citizen:

Provided also that, notwithstanding anything contained in clauses (a) to (e) of
the first proviso, during the pendency of the application the Court may, by an order,
freeze all or any of the assets or restrain such citizen, his associates and relatives from
alienating such assets by lease, sale, gift, transfer or in any other manner.
Explanation. __ For the purpose of this section, the expression “Court” means the
High Court of the Province where the assets or any part thereof are located.
Page 29 of 50

1[40A. Jurisdiction of special court . __ No court other than the Special Court established
under this Act shall have the power to entertain any suit or claim relating t o the property , which is
pending for adjudication before the Special Court for the purpose of forfeiture of assets under
section 39 or section 40.]

41. Prohibition of alienation of freezed property.__ (1) Where any order under section 37
or section 40 is made for freezing of any asset, any alienation or transfer of such asset by any
manner or mode shall, till the conclusion of the proceedings under this Act, or until such order is
vacated be void, and if such asset is subsequently forfeite d to the Federal Government, any such
alienation or transfer of assets shall be deemed to be of no effect whatsoever.

(2) Any person who knowingly alienates or transfers any assets in respect whereof an order
has been made under section 37 or section 40 shall be guilty of an offence punishable, on
conviction, with imprisonment for a term which may extend to three years, or with fine, or with
both.

42. Punishment for acquiring property in relation to which proceedings have been
taken under this Act. __ Any person who knowingly acquires any assets which have been frozen
under this Act shall be punishable with imprisonment for a term which may extend to three years
and with fine.

43. Power to take possession.__ (1) Where any asset is ordered to be forfeited to the Federal
Government under section 39, the Special Court may direct the person holding or possessing
such asset to surrender or deliver its possession to the Administrator appointed under section
44 or any other person authorised by the Special Court in this behalf, within such time as may be
directed by it.

(2) If any person refuses or fails to comply with a direction issued under sub-section
(1), the Special Court may require the Superintendent of Police of the district where such assets are
located to provide police assistance to the Administrator for securing possession thereof, and it
shall be the duty of the Superintendent of Police to comply with such requisition.

44. Management of assets frozen or forfeited under the Act. __ (1) The Federal
Government may, by a notification in the official Gazette, appoint any officer of the Federal
Government or a Provincial Government as it may think fit to perform the functions of an
Administrator of the assets frozen or forfeited under this order.

(2) The Administrator appointed under sub -section (1) shall take such actions and exercise
such powers as the Federal Government may direct for the maintenance and disposal of the assets
which are frozen or forfeited to the Federal Government.
___________

CHAPTER V

SPECIAL COURTS

45. Jurisdiction to try offences.__ The Special Court established under this Act shall have
the exclusive jurisdiction to try an offence cognizable under this Act 1[and when trying an offence
under this Act, a Special Court may also try in offence other than an offence under this A ct when
so authorized by Federal Government in this regard and with which the accused may, under the
Code of Criminal Procedure, 1898 (Act V of 1898), be charged jointly at the same trial.]

1 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss. 16-17.
Page 30 of 50

46. Establishment of Special Courts. __(1) The Federal Government and, if so directed by
the Federal Government, the Provincial Government shall, by notification in the official Gazette,
establish as many Special Courts as it considers necessary and appoint a Judge for each of such
Courts and where it establishes more than one Special Court, it shall specify in the notification
the place of sitting of each Special Court and the territorial limits within which it shall exercise
jurisdiction under this Act.

(2) There shall be two classes of Special Courts to try offences under this Act, namely :__

(i) Special Courts having the power to try all offences; and

(ii) Special Courts having the power to try offences punishable with imprisonment
for two years or less.

(3) No person shall be appointed a Judge of a Special Court referred to

(i) in sub-section (2) (i) unless he is or has been a Sessions Judge or an Additional
Sessions Judge; and

(ii) in sub-section (2) (ii) unless he is a Judicial Magistrate of the First Class.

(4) A person shall be appointed as Judge of a Special Court after consultation with the
Chief Justice of the High Court of the Province in which the Special Court is established.

(5) The Federal Government or the Provincial Government may, in consultation with the
Chief Justice of the High Court, confer the powers of a Special Court referred to__

(i) in sub-section (2) (i), on any Sessions Judge or Additional Sessions Judge ;
and

(ii) in sub-section (2) (ii), on any Judicial Magistrate of the First Class.

47. Application of the Code of Criminal Procedure, 1898. __ Except as otherwise
provided in this Act, the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898)
hereinafter referred to as the Code (including provisions relating to confirmation of a death
sentence) shall apply, to trials and appeals before a Special Court under this Act.

48. Appeal.__ (1) An appeal against the order of a Special Court comprising a Sessions
Judge or an Additional Sessions Judge shall lie to the High Court and shall be h eard by a bench of
not less than two Judges of that Court.

(2) An appeal against the order of a Special Court comprising a Judicial Magistrate shall lie
to a Special Court comprising a Sessions Judge or an Additional Sessions Judge.

49. Transfer of cases.___(1) Where more Special Courts than one are established within the
territorial jurisdiction of a High Court, the High Court may, by order in writing, transfer a case, at
any stage, from one Special Court to another Special Court in accordance with section 526 of the
Code as if the Special Court were a Court of Sessions.

Page 31 of 50

(2) On the establishment of Special Courts under sections 45 and 46, all cases where the
sentence of an offence is two years or less, shall stand transferred to the respective Special Court
comprising a Judicial Magistrate of the First Class and all other cases to the respective
Special Courts comprising of Sessions Judges or Additional Sessions Judges.

(3) Notwithstanding anything hereinbefore contained, a remand may be granted by the
nearest 1[* * * *] Judicial Magistrate of the First Class.

2[49A. Remand.__ Notwithstanding anything contained in the Code of Criminal Procedure,
1898 (Act V of 1898) or any law for the time being in force, the person arrested under this Act shall
having regard to the fact s and circumstances of the case be liable to be detained in custody for the
purpose of inquiry and investigation for a period not exceeding ninety days and court may remand an
accused person to custody not exceeding fifteen days at a time and for every subsequent remand, the
court shall record reasons in writing.]

50. Special Prosecutor. __ (1) The Federal Government may appoint a person who is an
advocate of a High Court to be a Special Prosecutor on such terms and conditions as may be
determined by it and any person so appointed shall be competent to conduct proceedings under this
Act before a Special Court and 2[any appellate court], if so directed by the Federal Government, to
withdraw such proceedings.

(2) When a Special Prosecutor appointed under sub -section (1) is, for any reason,
temporarily unable to conduct proceedings before the Special Court, the proceedings shall be
conducted by such person as may be authorised in this behalf by the Special Court.

51. No bail to be granted in respect of certain offences.__ (1) Notwithstanding anything
contained in sections 496 and 497 of the Criminal P rocedure Code, 1898 (V of 1898) bail shall not
be granted to an accused person charged with an offence under this Act or under any other law
relating to narcotics where the offence is punishable with death.

(2) In the case of other offences punishable under this Act, bail shall not be normally
granted unless the Court is of the opinion that it is a fit case for the grant of bail and against the
security of a substantial amount.
____________

CHAPTER VI

TREATMENT AND REHABILITATION OF ADDICTS

52. Registration of addicts. __ (1) Each Provincial Government shall register all addicts
within their respective jurisdiction for the purpose of treatment and rehabilitation of addicts.

(2) The Federal Government shall bear all expenses for first time compulsory de-
toxification or de-addiction of an addict.

(3) The addict shall carry a registration card in such form as may be prescribed and
produce it to any public authority on demand.

53. Powers of the Government to establish centres for treatment of addicts. __The
Provincial Government shall establish as many centres as may be deemed necessary for de-
toxification, de-addiction, education, after -care, rehabilitation, social integration of addicts and for
supply of such medicines as are considered necessary for the de-toxification of the addicts.

1 Omitted by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.18.
2 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss.19-20.
Page 32 of 50

CHAPTER VII

NATIONAL FUND FOR CONTROL OF DRUG ABUSE

54. National fund for control of drug abuse.___ (1) The Federal Government may, by
notification in the official Gazette, constitute a Fund to be called the National Fund for Control of
Drug Abuse, hereinafter to be called the Fund, consisting of___

(a) grants from the Federal Government or Provincial Governments;

(b) the sale proceeds of any assets forfeited under this Act or any other law for the
time being in force;

(d) any grants made by any person or institution; and

(e) any income from the investment of the amounts credited to the Fund.

(2) All receipts mentioned in sub -clauses (a) to (e) of sub -section (1) shall be credited to a
Head of Account in the Public Account duly authorised by the Auditor General of Pakistan.

(3) The purpose and object of the Fund shall be to meet the expenditure incurred in
connection with the control and eradication of trafficking in, and abuse of, narcotic drugs,
psychotropic substances, controlled substances, or treatment and rehabilitation of drug addicts and
for all or any of the related purposes, as may be specified by the Federal Government.

(4) The management, overall control and supervision of the affairs of the Fund shall vest in
a Governing Body consisting of a Chairman and such other members as may be appointed by the
Federal Government by a notification in the official Gazette, on such terms and conditions as may
be prescribed.

(5) The Governing Body shall have the powers to regulate its own procedures and co -opt
members as it may deem appropriate.

55. Annual Report of the activities financed out of the Fund. __ The Governing Body
shall, after the end of each financial year, submit to the Federal Government a report giving an
account of its activi ties and the activities financed out of the Fund during the financial year,
together with a statement of accounts.
_____________

CHAPTER VIII
INTERNATIONAL CO-OPERATION
56. Authority to make and act on mutual legal assistance requests. __ (1) This Chapter is
subject to any treaty, arrangement or understanding with foreign States to which Pakistan may from
time to time be party, and nothing in the Chapter shall be taken to limit the nature or extent of
assistance which Pakistan may otherwise lawfully give to, or receive from, foreign States.
Page 33 of 50

(2) The Federal Government may

(a) make request on behalf of Pakistan to the appropriate authority of a foreign State
for mutual legal assistance in any investigation commenced, or proceeding
instituted, in Pakistan relating to an offence committed, or suspected on
reasonable grounds to have been committed, under Chapter II of this Act;
(b) grant or postpone in whole or in part similar requests from foreign States on such
terms and conditions as it thinks fit; and
(c) refuse (in whole or in part) such requests from foreign States on the ground that
to grant the request would be likely to prejudice the sovereignty, security, public
order or other essential public interest of Pakistan.

(3) Requests on behalf of the Federal Government to the appropriate authorities of foreign
States for the assistance referred to in sub -section (2) shall be made by the Federal Government, or
an officer authorised by the Federal Government, and requests for any other form of international
assistance in investigations or proceedings relating to criminal matters may be made by any person
authorised by the Federal Government in this behalf.

57. Mutual legal assistance requests by Pakistan.__ (1) The Federal Government or
an officer authorised by the Federal Government under sub-section (3) of section 56 may request a foreign
State to__

(a) have evidence taken, or documents or other articles produced;

(b) obtain and execute search warrants or other lawful instruments authorising a
search for things relevant to investigations or proceedings in Pakistan believed
to be located in that State, and if found, seize them;

(c) freeze assets, the subject of actions or orders under sub -section (2) of section
37, by whatever processes are lawfully available in that State, to the extent to
which the assets are believed on reasonable grounds to be located in that State;

(d) confiscate articles the subject of orders under sub -section (2) of section 33 and
forfeit assets the subject of orders under sub -section (2) of section 39 to the
extent to which the articles or assets, as the case may be, are believed to be
located in that State;

(e) transmit to Pakistan any such evidence, documents, things, articles, assets or
proceeds realized from the disposal of such articles or assets; and

(f) transfer in custody to Pakistan a person detained in the foreign State who
consents to assist Pakistan in the relevant investigation or proceedings.

58. Foreign requests for assistance.__ (1) The Federal Government may authorise the
giving of mutual legal assistance to a foreign State of a kind similar to that specified in
section 57 in investigations commenced or proceedings instituted in such state.
Page 34 of 50

(2) Such requests shall__

(a) give the name of the authority concerned with the criminal matter to which
the request relates;
(b) give a description of a nature of the criminal matter and a statement
setting out a summary of the relevant facts and laws;

(d) in the case of a request to freeze or forfeit assets believed on reasonable
grounds to be located in Pakistan, give details of the offence, particulars of
any investigation or proceedings commenced in respect of the offence, and
be accompanied by a copy of any relevant freezing or forfeiture order of the
Court;

(e) give details of any procedure that the foreign State wishes to be followed by
Pakistan in giving effect to the request, particularly in the case of a request to
take evidence;

(f) contain a statement setting out any wishes of the foreign State concerning
any confidentiality relating to the request and the reasons for those wishes;

(g) give details of the period within which the foreign State wishes the request
to be complied with;

(h) state, where applicable, the grounds for believing that the relevant assets or
things to be traced, frozen or seized are located in Pakistan; and

(i) contain any other information that may assist in giving effect to the request.

(3) A request may be accepted, after consultation, notwithstanding that the request, as
originally made, does not comply with sub-section (2).

59. Foreign requests for an evidence-gathering Order or a search warrant.__ (1)
Notwithstanding anything contained in any law for the time being in force, where the Federal
Government approves a request of a foreign State pursuant to section 1[58] to obtain evidence in
Pakistan, or be able to be given by a person believed to be in Pakistan, the Director-General or an
officer authorised by him may apply to the High Court for__

(a) a search warrant; or

(b) an evidence-gathering order.

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.21.
Page 35 of 50

(2) The High Court to which an application is made under sub -section (1) may issue an
evidence-gathering order or a search warrant under this sub -section, where it is satisfied that there
are reasonable grounds to believe that__

(a) an offence has been committed, or is suspected on reasonable grounds
to have been committed against the laws of the requesting State which, if
committed in Pakistan, would have constituted an offence under this Act;

(b) evidence of the commission of the foreign offence or information that would
reveal the whereabouts of a person who is suspected of committing the
foreign offence is likely to be found in a building, receptacle or place in
Pakistan; and

(c) in the case of an application for a search warrant, it would not, in all the
circumstances, be more appropriate to grant an evidence-gathering order.

(3) An evidence-gathering order__

(a) shall provide for the manner in which the evidence is to be obtained in
order to give proper effect to the foreign request unless prohibited under the
law of Pakistan, and in particular, may require any person named therein to__

(i) make a record from data or make a copy of record;

(ii) attend Court to give evidence on oath or otherwise until excused;
and

(iii) produce to the High Court or to any person designated by the
Court, anything, including any record, or copy thereof; and

(b) may include such terms and conditions as the High Court considers
desirable, including those relating to the interests of the person named
therein or of third party.

(4) A person named in an evidence-gathering order may refuse to answer a question or
to produce a record or thing where the refusal is based on__

(a) a law in force in Pakistan;

(b) a privilege recognized by a law in force in the foreign State that made the
request; or

(c) a law in force in the foreign State that would render the answering of that
question or the production of that record or thing by that person in its own
jurisdiction an offence.

(5) Where a person refuses to answer a question or to produce a record or thing under sub -
section (4), the High Cou rt shall report the matter to the Federal Government which shall notify to
the foreign State accordingly and request it to provide a written statement on whether the person’s
refusal was well-founded under the law of the foreign State.

(6) Any written statement received by the Federal Government from the foreign State in
response to a request under sub-section (5) shall, notwithstanding anything contained in the Qanun-
e-Shahadat, 1984, be admissible in the evidence -gathering proceedings, and be determin ative of
whether the person’s refusal is well-founded under the foreign law.
Page 36 of 50

(7) A person who, without reasonable excuse, refuses to comply with a lawful order of the
High Court made under this section, or who having refused under sub -section (4), continues to
refuse notwithstanding the admission in evidence of a statement under sub -section (6) to the effect
that the refusal is not well-founded, commits a contempt of court.

(8) The High Court may issue a warrant for the arrest of a person named in an evidence -
gathering order where it is satisfied that the person__

(a) did not attend or remain in attendance as required or is about to abscond; and

(b) was personally served with the order.

(9) A person arrested in pursuance of a warrant issued under sub -section (8) shall be
forthwith brought before the High Court, to ensure compliance with the order made under sub -
section (2), and the Court may order that the person be detained in custody or released on
recognizance, with or without sureties.

(10) A search warrant__

(a) shall be issued in accordance with the provisions of Criminal Procedure
Code, 1898 (V of 1898);

(b) shall specify a time and date when the High Court will hear any
representations from any person from whom, a record or thing is seized
pursuant to the warrant, before any order is made to send it to the foreign
State; and

(c) may include such terms and conditions as the High Court considers desirable,
including conditions relating to the time or manner of its execution.

(11) The person executing a search warrant issued under sub-section (2)__

(a) may seize anything that he believes on reasonable grounds will afford
evidence of, or has been obtained for, or used in, or is intended to be used in,
the commission of an offence under this Act;

(b) shall, at least five days before the time of the hearing to consider its execution,
file in the High Court a written report concerning the execution of the warrant,
including a description of the records or things seized.

(12) At the hearing to consider the execution of a search warrant the High Court, after
considering any representations made by the Director General or an officer authorised by
him, or any person from whom a record or thing was seized pursuant to the warrant, and any
person who claims to have an interest in the record or thing, may__

(a) order that the record or thing be returned to the person from whom it was
seized, or to the person lawfully entitled to its possession, if satisfied that the
warrant was not executed according to its terms and that it would be in the
public interest to so return it;

(b) in any other case, order that the record or thing be sent to the foreign State,
and include in the order such terms and conditions as the High Court
considers necessary__
Page 37 of 50

(i) to give effect to the request from the foreign State;
(ii) with respect to the preservation and return to Pakistan of any record
or thing seized; or
(iii) with respect to the interest of a third party.

(13) No record or thing seized and ordered to be sent to a foreign State shall be sent until
the Director-General is satisfied that the foreign State has agreed to comply with any terms or
conditions imposed in respect of the sending abroad of the record or thing.

60. Foreign requests for assistance from detained persons.__(1) Where the Federal
Government approves a request of a foreign State to have a detained person, who is serving a term
of imprisonment in Pakistan, transferred to a foreign State for a fixed period to give evidence or
assist in an investigation or proceedings in that State relating to an offence committed, or suspected
on reasonable grounds to have been committed against the laws of the requesting State, in respect
of conduct which had it occurred in Pakistan would have constituted an offence under this Act, the
Director-General may apply to the High Court for a transfer order.

(2) The High Court to which an application is made under sub -section (1) may make a
transfer order where it is satisfied, having considered, among other things, any documents filed, or
information given, in support of the application that the detained person consents to the transfer.
(3) A transfer order made under sub-section (2) __

(a) shall set out the name of the detained person and his place of confinement;

(b) shall order the person who has custody of the detained person to deliver him
into the custody of a person who is designated in the order or who is a
member of the class of persons so designated;
(c) shall order the person receiving him into cus tody to take him to the foreign
State and, on return of the detained person to Pakistan, to return that person
to the place of confinement where he was when the order was made, or to
such other place of confinement as the Federal Government subsequently
may notify to the foreign State;
(d) shall state the reasons for the transfer;
(e) shall fix the period of time at, or before the expiration of, which the detained
person must be returned or unless varied on the application of the Federal
Government for the purposes of the request;

(f) may include such terms or conditions relating to the protection of the
interests of the detained persons as the High Court considers desirable.

(4) The time spent in custody by a person pursuant to a transfer order shall, so long as such
person remains in such custody and is of good behaviour, be deemed to have been spent in service
of the sentence being served when the order was made.

Page 38 of 50

61. Foreign persons in Pakistan in response to a Pakistan request.___(1) The Federal
Government may, by written notice, authorize the temporary detention in Pakistan of a person in
detention in a foreign State who is transferred from that State to Pakistan pursuant to a request
under clause (f) of (1) of Section 1[57], for such period as may be agreed with that State for the
purposes of the request, and the return in custody of the person to the foreign State.

(2) A person in respect of whom a notice is issued under sub-section (1) shall, so long as the
notice is in force__

(a) be permitted to enter Pakistan and remain in Pakistan for the purposes of
the request, and to leave Pakistan when no longer required for those
purposes, notwithstanding any Pakistan law to the contrary; and

(b) while in custody in Pakistan for the purposes of the request, be deemed to be
in lawful custody.
(3) The Fede ral Government may at any time vary a notice under sub -section (1), and
where the foreign State requests the release of the person from custody, either immediately or on a
specified date, the Federal Government shall direct that the person be released from custody
accordingly.

(4) The provisions of this section shall apply, mutates mutandis, in the case of any detained
person in transit through Pakistan from one foreign State to another pursuant to a request for
assistance of the kind referred to in this section.

(5) Any person, whether or not a detained person, who is in Pakistan in response to a
Pakistan request under this Chapter to give evidence in a proceeding or to give assistance in
relation to an investigation, prosecution or the related proceeding may not, while in Pakistan, be__

(a) detained, prosecuted or punished; or

(b) subjected to civil process, before the person’s departure from the foreign
State pursuant to the request in respect of any act or omission that occurred.

62. Foreign requests for Pakistan restraining orders.__(1) Notwithstanding anything
contained in any law for the time being in force, where the Federal Government approves a request
of a fore ign State pursuant to 1[sub-section (1) of section 63] to restrain dealings in any assets,
some or all of which are believed on reasonable grounds to be located in Pakistan, the Federal
Government may apply to the High Court for a restraining order.

(2) The High Court, to which an application is made under sub-section (1), may issue
a freezing order, where it is satisfied that there are reasonable grounds to believe that__

(a) an offence has been committed, or is suspected on reasonable grounds to
have been committed by a person against the laws of the requesting State
which, if committed in Pakistan, would have constituted an offence under
this Act ;

(b) an investigation or proceeding has commenced in the foreign State relating
to that offence ;

1 Subs. by the control of narcotic substances (Amdt.) A0ct 2022 (XX of 2022) ss.22-23.
Page 39 of 50

(c) assets derived by the person, his relatives and associates from the
commission of the offence are located in Pakistan ; and

(d) an order has been made, or is likely to be made in the foreign country
having, to the effect of forfeiting such assets, this 1[Act] shall apply as if the
offence had been committed in Pakistan, whereupon the freezing order had
been made under sub-section (2) of section 38.
63. Requests for enforcement of foreign confiscation or restraining orde rs.__ (1) This
section does not apply to cases falling within section 40 of this Act.

(2) Where a foreign State requests the Federal Government to make arrangements for the
enforcement of a__

(a) foreign restraining order; or

(b) foreign forfeiture order,
the Director -General may apply to the High Court for registration of the orders
issued by a Court of that State.

(3) The High Court shall, on application by the Director-General, register the foreign
restraining order if the Court is satisfied that the order is in force in the foreign State.

(4) The High Court shall, on application by the Director-General or an officer authorised by
him, register the foreign forfeiture order if the Court is satisfied__

(a) the order is in force in the foreign State and is not subject to appeal; and

(b) where the person, the subject of the order, did not appear in the foreign
forfeiture order proceedings in the foreign State, that__

(i) the person was given notice of the proceedings in sufficient time to
enable him or her to defend him; or

(ii) the person died or absconded before such notice could be given.

(5) Where a foreign restraining order or foreign forfeiture order is registered in accordance
with this section, a copy of any amendments made in the order in the foreign State (whether before
or after registration), may be registered in the same way as the order, but shall not have effect for
the purposes of this Act until they are so registered.
(6) The High Court shall, on application by the Director-General or an officer authorised by
him, cancel the registration of__

(a) a foreign restraining order if it appears to the Court that the order has ceased
to have effect; and

(b) a foreign forfeiture order if it appears to the Court that the order has been
satisfied or has ceased to have effect.

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.23.
Page 40 of 50

(7) Subject to sub-section (8), where the foreign restraining order or foreign forfeiture order
comprises a facsimile copy of a duly authenticated foreign order, or amendment made to such
an order, the facsimile shall be regarded for the purposes of this Ordinance as the same as the
duly authenticated foreign order.

(8) Registration effected by means of a facsimile shall cease to have effect at the end of the
period of fourteen days commencing on the date of registration, unless a duly authenticated
original of the order has been registered by that time.

(9) Where a foreign restraining order or a foreign forfeiture order has been registered
pursuant to this section, this Act shal l be deemed to apply in relation to the order as if the offence
the subject of the order had been committed in Pakistan, and the order had been made pursuant to
Chapter IV of this Act.

64. Requests to recover foreign fines.__(1) Where the Federal Government approves a
request from a foreign State to enforce the payment of a fine imposed by a court of that State, a
court in Pakistan shall enforce the payment of the fine as if the fine has been imposed by a court in
Pakistan.
Explanation__For the purpose of this section the expression “fine” shall include any
pecuniary penalty determined by a foreign court to represent the value of any property, benefit,
advantage, obtained or derived directly or immediately as a result of the commission of an offence
relating to narcotic substances.

(2) No proceedings under sub -section (1) shall be instituted after the expiry of five years
from the date the fine was imposed.

65. Sharing forfeited property with foreign States. __ The Federal Government may enter
into an arrangement with the competent authorities of a foreign State for the reciprocal sharing with
that State of such part of any property realized pursuant to this Act__

(a) in the foreign State, as a result of action taken by the Federal Government; and

(b) in Pakistan, as a result of action taken in Pakistan, on such terms and conditions
as the Federal Government may prescribe.

66. Extradition.__ Notwithstanding anything contained in the Extradition Act, 1972 (XXI
of 1972) all offences against Chapter II of this Act shall be deemed to__

(a) be extraditable offences; and

(b) not be political offences.

Page 41 of 50

CHAPTER IX
GENERAL

67. Reporting of suspicious financial transactions. __ (1) Notwithstanding anything
contained in any law for the time being in force, all banks and financial institutions shall pay
special attention to all unusual patterns of transactions, which have no apparent economic or lawful
purpose and upon suspicion that such transactions could constitute or be related to illicit
narcotics activities, the manager or director of such financial institution shall report the suspicious
transactions to the Director-General.

(2) Whoever fails to supply the information in accordance with sub -section (1) shall be
punishable with rigorous imprisonment which may extend to three years, or with fine, or with both.

68. Presumption to the assets acquired through dealing in narcotics. __ Where there is
reasonable ground to believe that the assets of a person or any part thereof were acquired before or
at the time of, or after the commission of an offence under this Act and there was no other likely
source of acquiring such assets or part thereof, it shall be presumed, unless the contrary is proved,
that such assets or part thereof were acquired, gene rated or obtained through cultivation,
manufacture, production, sale, purchase, dealing or trafficking of narcotic drugs, psychotropic
substances or controlled substances.

69. Departments to render assistance to the Special Courts, etc.__ All departments of the
Government, banks, financial institutions, corporate bodies, companies, societies and agencies
shall assist the Special Court, Director-General or any other officer authorised by the Federal
Government for the purposes of any inquiry, tracing of any assets or for ascertaining whether any
assets held by any person, his associate or relative were acquired by committing any offence under
this Act.

70. Notice or order not to be invalid for error in description. __ No notice issued, or
order passed, under this Act shall be invalid by reason of any error in the description of the person
or assets specified therein if such person or assets are otherwise identifiable from the description
specified in such notice or order.

71. Delegation.__ (1) The Federal Government may, by notification in the official Gazette
and subject to such conditions and limitations as may be specified in the notification, delegate all
or any of its powers and functions under this Act as it may deem necessary or expedient to the
Provincial Government, Director-General or any other authority or officer of the Federal
Government.

(2) The Provincial Government may, by notification in the official Gazette, subject to
such conditions and limitations as may be specified in the notification, delegate all or any of its
powers and functions under this Act as it may deem necessary or expedient, to any authority or
officer of that Government.

72. Application of the Customs Act, 1969. __ All prohibitions and restrictions imposed by
or under this 1[Act] on the import into, export from, Pakistan and transshipment of narcotic
drugs, psychotropic substances or controlled substances shall be deemed to be prohibitions and
restrictions imposed by or under the Customs Act, 1969 (IV of 1969), and the provisions of this
Act shall apply accordingly:

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.24.
Page 42 of 50

Provided that, notwithstanding anything contained in the Customs Act, 1969 (IV of 1969),
or any other law for the time being in force, all offences relating to narcotic drugs, psychotropic
substances or controlled substances shall be tried under the provisions of this Act :

Provided further that where the Officers of Customs apprehends a person involved in
any offence relating to narcotic drugs, psychotropic substances or controlled substances shall be
empowered to carry out inquiry and investigation in the same manner as an officer authorised
under this Act.
73. Saving of Provincial and special laws. __ (1) Nothing contained in this Ac t or in the
rules made thereunder shall affect the validity of any Federal or Provincial law for the time being in
force, or of any rule made thereunder which imposes any restriction or provides for a punishment
not imposed by or provided for under this Act or imposes a restriction or provides for a punishment
greater in degree than a corresponding restriction imposed by or a corresponding punishment
provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic
in, any narcotic drug or psychotropic substance within Pakistan or other similar matters.

74. Application of other laws.__ If an offence punishable under this Act, is also an offence
in any other law for the time being in force, nothing in that law shall prevent the offender from
being punished under this Act :

Provided that nothing contained in section 523 of the Code of Criminal Procedure, 1898
(Act V of 1898), or any other provision of the said Code or any other law for time being in force,
the custody of narcotic drugs, psychotropic substances, controlled substances, any material utensils
used for production or manufacture of such drugs or substances or any conveyance used in import,
export, transport or transhipment thereof or for commission of an offence under this Act, shall not
be given on custody to the accused or any of his associate or relative or any private individual till
the conclusion of the case 1[except as provided in the second proviso to sub-section (2) of section
33].

2[74A.Power to amend Schedules.__ The Federal Government may, by notification in the
official Gazette, amend the Schedules so as to add any entry thereto, amend any entry therein or
omit any entry there from if it is satisfied that it is necessary or expedient so to do on the basis of
following, namely:__

(a) the information and evidence which has become available to it with respect to
the nature and effects of and the abuse or the scope for abuse of any substance
(natural or synthetic) or natural material or preparation of such substance or
material; or

(b) the modification s or provisions, if any, which have been made to or in any
international convention with respect to such substance, natural material or any
salt or preparation of such substances or material.]

75. Indemnity.__ No suit, prosecution or other proceedings shall lie against the Federal
Government or Provincial Government or any officer of the Federal Government or of a Provincial
Government for anything in good faith, done or intended to be done in pursuance of this Act or the
rules made thereunder.

76. Act to override other laws.__ The provisions of this Act shall have effect
notwithstanding anything contained in any other law for the time being in force.

1Added by Ord. 66 of 2000, s.3.
2 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.25.
Page 43 of 50

77. Power to make rules. __ (1) The Federal Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:__

(a) the administration, management and disposal of the property forfeited under
this Act; and

(b) terms and conditions of Special Prosecutors.

78. Repeal and savings. __ (1) The Opium Act, 1857 (XIII of 1857), the Opium Act, 1878
(I of 1878), the Dangerous Drugs Act, 1930 (II of 1930), and the Control of Narcotic Substances
Ordinance, 1997 (XLIII of 1997), are hereby repealed.

(2) Notwithstanding the repeal of any law under sub-section (1), the repeal shall not, except
as otherwise provided in this Act,__

(a) affect the previous law or anything duly done or suffered there-under;

(b) affect any right, privilege, obligation or liability acquired, accrued under
such law;

(d) affect any investigation, legal proceedings or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment; and

(e) affect any such investigation, legal proceedings or remedy may be instituted,
continued or enforced or any such penalty, forfeiture or punishment which
may be imposed, by the courts or authorities competent to investigate, try an
offence under such law if the said law had not been repealed.

___________

Page 44 of 50

1[SCHEDULE - I]
[See Section 2(za)]

PSYCHOTROPIC SUBSTANCES

_______________________________________________________________________________________________________________
International
non-proprietary
names

Other
non-proprietary
or trivial names

Chemical Name
1 2 3
1. AMFETAMINE Amphetamine

(+/-)-a-methylpenethylamine.
2. AMOBARBITAL

5-ethyl-5-barbituric acid.

3. ALLOBARBITAL

5,5-deallylbarturic acid.

4. ALPRAZOLAM

8-chloro-l-methyl-6-phenyl-4H-s-triazoIo
[4, 3-a] [1,4] benzodiazepine.
5. AMFPRAMONE

2-(diethyiamino) propiolphenone.
6. BROLAMFETAM1NE DOB (+/-)4-bromo-2, 5-dimethoxy-a-
methylphenethylamine.

7. BUPRENORPHINE
21-cyclopropyl-7-a-[(s)-1-hydroxy-1,
2,2-trimethylporpyI]-6, 14-endo-ethano-6,
7,8,14-tetrahydrooripavine.

8. BUTALB1TAL

5-allyl-5-isobutyIbarbituric acid.
9. BARBITAL 5,5-diethylbarbituric acid.
10. BENZFETAM1NE benzphnetamine N-benzyl-N, a-dimethylphenethylmine.

11. BROMAZEPAM

butobarbital
7-bromo-l, 3-dihydro-5 (2-pyridyl)
2H-1, 4-benzodiazepin-2-one.
5-butyl-5-thylbarbituric acid.

12. CATHINONE

DET

(-)-(S)-2 aminopropiophenone.

3-[2(diethylamino) ethyl] indole.

DMA (+/-)-2,5-dimethoxy-a-methylphenethy lamine.
DMHP 3-(1,2-dimethyheptyle)-7,8,9,10-tetrahy-
dro-6,6,9-trimethyl-6H-dibenzo [b,d] [pyran-1-
01].

13. CATHINE

(+)-norpseudo
ephedrine
(+)-(R)-a-[(RO-l-aminoethyI] benzyl
alcohol.

[DMT 3-[2-diethylamino)ethyl] indole.

[DOET (+/-)-4-ethyl-2,5-dimethoxy-a-Phenethly-amine.

1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.26.

Page 45 of 50

1 2 3
14. CYCLOBARBITAL

5-(I-cychlohexen-l-yl)-5-ethylbarbituric acid.
15. CAMAZEPAM

7-chloro-1,3-dihydro-3-hydroxy-1-methyl-5-
phenyl-2Hl,4- benzodiazepin-2-one
dimethylcarbamate (ester).
16. CHLORDIAZEPOXIDE

7-chloro-2-methylmino-5-phenyl-3H-1, 4
benzodiazepine-4-oxide.
17. CLOBAZAM

7-chloro-1 (methyl)-5-phenyl-1H-5-
benzodiazepine-2,4 (3H,5H)-dione.

(+/-)-4-ethyl-2,5-dimethoxy-a-Phenethly-
amine.

5-(l-cychlohexen-l-yl)-5-ethylbarbituric acid.
18. CLONAZEPAM

5-(0-chlorophgenyl)-1,3-dihydro-7-nitro-2H-
1,4-benzodiazpine-2-one.
19. CLORAEPATE

7-chloro-2,3-dihydro-2-oxo-5-phenyl-lH-l,4-
benzodiazepine-3- carboxylic acid.
20. CLOTIAZEPAM

5-(o-chlorphenyl)-7-ethyl-1,3-dihydro-1-
methyl-2H-thieno [2,3-e]-1,4-diazepin-2-one.
21. CLOXAZOLAM

10-chloro-llb-(0-chlorphenyl)-2-3,7,11b-
tetraphydrooxazolo [3,2- d][l,4]
benzodiazepin-6(5H)-one.
22. DEXAMPHETA-
MINE

dexamphe (+)-a-methylphenethylamine
23. DELORAZEPAM

7-Chloro-5-(0-chlorophenyl)-1,3-dihydro-2H-
1,4-bezodiazepin-2-one
24. DIAZEPAM

7-chloro-1,3-dihydro-1-methyl-5-phenyl-2H-
1,4-benzodiazepine-2-one.

25. ESTAZOLAM

8-chloro-6-penyl-4H-S-triazolo-[4,3-a][1,4]
benzodiazepine.
26. ETHCHLORVYNOL

1-chloro-3-ethyl-1-penten-4yn-3-01.
27. ETHYL LOFLAZEPATE

ethyl 7-chloro-5-(0-flurophenyl)-2,3-dihydro-
2-oxo-1H, 4-benzodiaze-pine-3-carboxylate.
28. ETILAMFETA M1NE

N-ethylampetamine N-ethyl-a-methylphenethylamine.
29. ETHINAMATE

1-eithynycychlohexanol-carbamate.
30. ETICYCLIDINE

PCE N-ethyl-1-phenylcychlohexylamine.
31. FENETYLLINE

7-[2-[a-methlyphenthyl) amino]ethyle]
theophylline.
32. FENCAMFAMIN

N-ethyl-3-phenyl-2-norbornanamine.
33. FENPROPOREX

[+/-)-3-](a-methlyphenthyl)amino]
propionitrile.
34. FLUD1AZEPAM

7-chloro-5-(0-fluorophenyl)-1,3-dihydro-
1-methyl-2H-1, 4- benzodiazepin-2-one.

Page 46 of 50

1 2 3
35. FLUNITRAZEPAM

5-(0-fluorophenyl)-1,3-dihydro-1-methyl-7-
nitro-2H-1,4- benzodiazepin-2-one.
36. FLURAZEPAM

7-chloro-1-[2-diethylamino)ethyl]5-(0-
fluorophenyl)-1,3-dihydro-2H-1,4-
benzodiazepine-2-one.
37. GLUTETHIM1DE

2-ethyl-2-phenylglutarimide 4-benzodiazepin-
2-one.
38. HALAZEPAM

7-chloro-1, 3-dihydro-5-phenyl-1(2,2,2-
trifluororethyyl)-2H-1,4-benzodiazepin-2-one.

39. HALOXAZOLAM

10-bromo-11 b(0-fluorophenyl)-2, 3, 7, 11 b-
tetrahydrooxazolo [3,2-d] [1.4]
benzodiazepine-6 (5H)-one.

40. KETAZOLAM 11-chloro-8, 12b-dihydro-2,8-dimethyl-12b-
phenyl-4H-[l,3] oxazino [3,2,-d][1,4]
benzodiazepine-4,7(6H)-clione.

41. (+)-LYSERGIDE LSD,
LSD-25
9, 10-didehydro-N, diethyl-6
methylergoline-8B-Carboxamide.
MDMA (+/-) N, a-demethyl-3, 4-(methylinendioxy)
phenethylamine.

Mescaline

3,4,5-trimethoxyphenethylamine.
4-methylaminorex (+ /-)-cis-2-amno-4-methyl-5-phenyl-2-
oxazoline.
MMDA 2-methoxy-a-methyl-4,5-(methylenedioxy)
phyenthylamine.

N-ethyl
MDA

(+ /-)-N-ethyl-a- methyl-3, 4-
methylendedioxy) phenethylamine.

N-hydroxy MDA (+ /-)-N-[a-methyl-3,4-(methylendedioxy)
phenethyl] hydroxylamine.

Parahexyl

3-hexyl-7,8,9,10-tetrahydro-6,6,9-trimethyl-
6H- dibenzo [b,d] pyran-1-01.
PMA p-methoxy-a-methylphenethylamine.
psilcine, psilotsin 3-[2-dimethylamino) ethyl]indol-4-01.
42. LEFETAMINE

SPA (-)-N,N-dimethyl-l,2-diphenyiethylamine.
43. LOPRAZOLAM

6-(0-chlorophenyl)-2,4-dihydro-2- [(4-methyl-
1-peperazinyl) methylene]-8-nitro-lH-imidazo
[l,2- a][l,4] benzodiazepin-1-one.
44. LOPRAZEPAM

7-chloro-5-(0-chlorophenyl)-l,3-dihydro-3-
hydroxy-2H-1,4-benzodiazepin-2-one.

45. LORMETAZEPAM

7-chloro-5-(0-chlorophenyl)-l,3-dihydro-3-
hydroxy-1-methyl-2H-1,4-benzodiazepine-2-
one.

Page 47 of 50

1 2 3
46. LEVAMFETAMINE Levamphe-
Tamine

levomethamphetamine
(-)(R)-a-methylphetyphenethylamine.

(-)-N,a-dimethylphenethylamine.
47. METAFETAMINE

methamphetamine (+)-(S)-N, a-dimethylphethylamine.
48. METAFETAMINE
RACEMATE

metafetamine racemate (+ /-)-N,a-dimethylphethylamine.
49. METHYLPHENIDATE Methyl a-phenyl-2-piperidinoacetate.
50. MEPROBAMATE

2-methyl-2-propyl-l,3-propanediol
dicarbamate.
51. METHAQUALONE

2-methyl-3-0-tolyl-4(3H)-quinazolinone.
52. METHYLPHENOBARBITAL

5-ethyl-l-methyl-5-phenyl-barbituric acid.
53. METHYPRYLON

3,3-diethyl-5-methyl-2,4-piperidine-dione.
54. MAZINDOL

5-(p-chlorophenyl)-2,5-dihydro-3H-
imidazo[2,1-a]isoindol-5-01.
55. MEDAZEPAM

7-chloro-2, 3-dihydro-l-methyl-5-phenyl- IH-
1,4-benzodiazepine.
56. MEFENOREX

N-(3-chloroporpyl)-a-methylphenethyla-
mine.

57. MIDAZOLAM** 8-chloro-6-(0-fluorophenyl)-l-methyl-
4H-imidazo [1.5-a][l,4]benzodiazepine.
58. NIMETAZEPAM

1, 3-dihydro-l-methyl-7-nitro-5-phenyl-
2H-1,4-benzodiazepin-2-one.

59. NITRAZEPAM 1,3-dihydro-7-nitro-5-phenyl-2H-1, 4-
benzdiazepin-2-one.

60. NORDAZEPAM 7-chloro-1, 3-dihydro-5-phenyl-2H-1, 4-
benzodiazepin-2-one.
61. OXAZEPAM 7-chloro-1,3-dihydro-5-phenyl-2H-1, 4-
benzodiazepine-2-one.
62. OXAZOLAM 10-chloro-2,3,7,11b-tetrahydro-2-methyl-11b-
phenyloxazolo [3,2-d][1,4] benzodiazepine-6-
(5H)-one.
63. PHENCYCLIDINE

PCP 1-(1-phencylcychlohenxyl) piperidine.

64. PENTAZOSINE

(2R, 6R, 11R)-1,2,3,4,5,6-hexahydro-6,
ll-dimethyl-3-(3-methyl-2-butenyl)-2, 6-
methono-3-benzazocin-8-01.

65. PHENMETRAZINE

3-methyl-2-phenylmorpholine.

Page 48 of 50

1 2 3

66. PENTOBARBITAL 5-ethyl-5-(l-methylbutyl) barbituric acid.

67. PHENOBARBITAL 5-ethyl-5-phenyl barbituric acid.
68. PIPRADROL a,a-diphenyl-2-piperidinemethanol.
69. PSILOCYBINE

3-(2 dimethylamino) ethyl)-indol-4-yl-
dihydrogen phosphate.
70. PEMOLINE 2-amono-5-phenyl-2-oxazolin-4-one (-2-
imino-5-phenyl-4-oxazolidinone).
71. PHENDIMETRAZINE (+)-(2s,3S)-3,4-dimethyl-2-phenylmorpholine
72. PHENTERMINE a,a-dimethylphenethylamine.
73. PINAZEPAM 7-chloro-l-cyclopropylmethyl)-l, 3- dihydro-5-
phenyl-2H-1,4-benzodiazepin-2-one.
74. PRAZEPAM

7-chloro-1-cyclopropyimethyl)-1, 3-dihydro-
5- phenyl-2H-1,4-benzodia-zepin-2-one

75. PYROVALERONE

4’-methyl-2-(1-pyrrolidinyl) valerophenone.
76. ROLICYCLIDINE

PHP, PCPY
STP, DOM
1-(I-phenylcyclohexyl) pyrrolidine 2, 5-
dimethoxy-a,4-dimethylphenethylamine.
77. SECOBARBITAL

5-allyl-5-(l-methylbutyl) barbituric acid.

Delta-9-tetrahydrocannabinol
and its stero-chemical variants.
(6aR, 10aR)-6a, 7,8, 10a-tetrahydro-6,6,9-
trimethyl-3-pentyl-6H-dibenzo [b, d] pyran-1-
01.
78. SECBUTABARBITAL

5-sec-butyl-5-ethylbarbituric acid.
79. TEMAZEPAM

7-chloro-1,3-dihydro-3-hydroxy-1-methyl-5-
phenyl-2H-1,4-benzodiazepin-2-one.

80. TETRAZEPAM

7-chloro-5-(l-cyclohexen-l-yl)-l,3-dihydro-1-
methyl-2H-1,4-benzodiazepin-2-one.

81. TRIAZOLAM

8-chloro-6(0-chlorophenyl)-l-methyl-4H-s-
trizazolo[4, 3a][l,4] bezodiazepine.

82. TENAMFETAMINE

MDA a-methyl-3,4-(methylenedioxy),
phenethylamine.
83. TENOCYCLINDINE

TCP l-[l-(2-thienyl) clohexyl) piperidine.

Page 49 of 50

1 2 3
tetrahydrocannabinol the following isomers and their stereochemical variants.
7,8,9,10-tetrahydro-6, 6, 9-trimethyl-3-pentyl-
6H-dibenzo [b,d] pyran-1-01.
(9R, 10aR)-8,9,10,10a-tetraphydro-6,6, 9-
trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-
01.
(6aR, 9R, l0aR) 6a, 9, l0a-tetrahydro-6,6,9-
trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-
01.

(6aR, 9R, l0aR) 6a,7, 10, 10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d]
pyran-1-01.

6a. 7, 8, 9-tetrahydor-6,6,9-trimethyl-3-
pentyl-6H-dibenzo [b,d] pyran-1-01.

6a, 7, 8, 9-tetrahydor-6,6,9-trimethyl-3-
pentyl-6H-dibenzo [b,d] pyran-1-01.
(6a R, I0aR)-6a,7, 8,9, 10, 10a-hexahiydro-6,
6,9- trimethyl-3-pentyl-6H-dibenzo [b,d]
pyran 1-01.

84. VINYBITAL

5-(l-methylbutyl)-vinylbarbituric acid.
85. MECLOQUALONE

3(0-chlorophenyl)-2-methyl-4(3H)-
quinazolione.

______________________

1[SCHEDULE-II

[see section 2(k)]

Division –I

(Table-I of the 1988 Convention)

Ephedrine N-acetylanthranilic acid
Erogometrine Isosafrole
Ergotamine 3,4 methylnedeioxphenyl-
Lysergic acid 2- propanone
4-pheny 1-2 propanone Piperonal
Pseudoephedrine Safrole

1 Added. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.26.

Page 50 of 50

Division-II

(Table-II of the 1988 Convention)

Acetic anhydride Hydrochloric acid
Acetone Methyl ethyl
Anthranilic acid Ketone
Ethyle eter Potassium permanaganate
Phenylacetic acid Sulphuric acid
Vb Piperidine Toluene ]

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CONTROL OF NARCOTIC SUBSTANCES ACT, 1997

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Page 1 of 50 Updated till 04.08.2023 THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997 CONTENTS CHAPTER I PRELIMINARY 1. Short title and commencement. 2. Definitions. 3. Calculation of percentages in liquid preparations. CHAPTER II PROHIBITION AND PUNISHMENT 4. Prohibition of c

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75. Indemnity. 76. Act to override other laws. 77. Power to make rules. 78. Repeal and saving. SCHEDULE ___________________ Page 5 of 50 THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997 1ACT NO. XXV OF 1997 An Act to consolidate and amend the laws relating to narcotic drugs and psychotropic substances WHEREAS it is expedient to consolidate and amend the laws relating to narcotic s drugs, psychot

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h and incidental thereto; It is hereby enacted as follows :___ CHAPTER I PRELIMINARY 1. Short title 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 physi

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Companies Act, 2017

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(Amdt.) Act 2022 (XX of 2022) s. 2. Page 6 of 50 (iii) any association of persons, body of individuals, firm or private limited company within the meaning of 1[Companies Act, 2017 (XIX of 2017) and the Limited Liability Partnership Act, 2017 (XV of 2017)], 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

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Limited Liability Partnership Act, 2017

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e 6 of 50 (iii) any association of persons, body of individuals, firm or private limited company within the meaning of 1[Companies Act, 2017 (XIX of 2017) and the Limited Liability Partnership Act, 2017 (XV of 2017)], 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

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Prohibition (Enforcement of Hadd) Order, 1979 · Federal
PROHIBITION (ENFORCEMENT OF HADD) ORDER, 1979 · Punjab

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r person through an act or omission relating to narcotic substances which constitutes an offence punishable under this Act, the Customs Act, 1969 (IV of 1969), the Prohibition (Enforcement of Hadd) Order, 1979 (P.O. No. 4 of 1979), under any other law for the time being in force, or constituted an offence under any law repealed by this Act, the Control of Narcotic Substances Ordinance, 1996 (XCIV of 1996) or any other law repeal

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Code of Criminal Procedure (CrPC), 1898 (Under Review)

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t with as if it were a prohibited import for the purposes of the Customs Act, 1969 (IV of 1969). 25. Mode of making searches and arrest.__ The provisions of the Code of Criminal Procedure, 1898, except those of section 103, shall, mutatis mutandis , apply to all searches and arrests in so far as they are not inconsistent with the provisions of sections 20, 21, 22 and 23 to all warrants issued and arrests and searc

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ded over to the owner.] (4) A narcotic drug, psychotropic substance or controlled substance seized un der this Act shall be disposed of under Section 516A of the Code of Criminal Procedure, 1898 (Act V of 1898) 2[:] 2[Provided that the Federal Government may exempt any narcotic drugs, psychotr opic substance and controlled substance for disposal under section 516A of the C ode by making rules under this Act

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Court may also try in offence other than an offence under this A ct when so authorized by Federal Government in this regard and with which the accused may, under the Code of Criminal Procedure, 1898 (Act V of 1898), be charged jointly at the same trial.] 1 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss. 16-17. Page 30 of 50 46. Establishment of Special Courts. __(1) The Federal Gov

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udicial Magistrate of the First Class. 47. Application of the Code of Criminal Procedure, 1898. __ Except as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) hereinafter referred to as the Code (including provisions relating to confirmation of a death sentence) shall apply, to trials and appeals before a Special Court under this Act. 48. Appeal.__ (1) An app

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e contained, a remand may be granted by the nearest 1[* * * *] Judicial Magistrate of the First Class. 2[49A. Remand.__ Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) or any law for the time being in force, the person arrested under this Act shall having regard to the fact s and circumstances of the case be liable to be detained in custody for the purpose of inquiry and in

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the time being in force, nothing in that law shall prevent the offender from being punished under this Act : Provided that nothing contained in section 523 of the Code of Criminal Procedure, 1898 (Act V of 1898), or any other provision of the said Code or any other law for time being in force, the custody of narcotic drugs, psychotropic substances, controlled substances, any material utensils used for production o

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Companies Ordinance, 1984 (Repealed by Act XIX of 2017)

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e available before it. (3) Where any shares in a company are forfeited to the Federal Government under sub - section (2), notwithstanding anything contained in the Companies Ordinance, 1984 (XLVII of 1984), or any other law for the time being in force or Articles of Association of the Company, such shares shall be registered in the name of the Federal Government. 40. Forfeiture of assets of person convicted ab

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Extradition Act, 1972 · Federal
EXTRADITION ACT, 1972 · Punjab

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lt of action taken in Pakistan, on such terms and conditions as the Federal Government may prescribe. 66. Extradition.__ Notwithstanding anything contained in the Extradition Act, 1972 (XXI of 1972) all offences against Chapter II of this Act shall be deemed to__ (a) be extraditable offences; and (b) not be political offences. Page 41 of 50

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References to provisions in this text 58

Section 4

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ages 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 contrave

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Section 10

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tion 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. Punishm

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Section 12

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nishment 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. Page 2 of 50 16. Punishment for offence for which no punishment is provided. 17. Obstructio

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Section 14

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ences. 13. Punishment for contravention of section 12. 14. Prohibition on aiding, abetment or association in narcotic offences. 15. Punishment for contravention of section 14. Page 2 of 50 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 INVESTIG

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Section 46

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al descendant of the accused and includes any other person holding property for or on his behalf; (zc) “Special Court” means the Special Court established under section 46 or any other c ourt empowered to exercise the powers of the Special Court under this Act; and (zd) “tracing” means the finding out the true nature, source, disposition, movement or ownership of assets and includes

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Section 2

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y make rules prescribing the methods by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (g), (h), (t) and (u) of section 2 : Provided that, unless and until such rules are made, such percentages shall be calculated on the basis that a preparation containing one per cent of a substance means a preparation in which one gram of the substance,

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Section 4

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n thereof exclusively for medical, scientific or industrial purposes. 5. Punishment for contravent ion of s ection 4. __ Whoever contravenes the provisions of section 4 shall be punishable with imprisonment which may extend to seven years 1[but shall not be less than one year and also be liable to fine]. 6. Prohibition of possession of narcotic drugs, etc. __ No one shall produce, manufac

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Section 6

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es (Amdt.) Act 2022 (XX of 2022) ss.4 - 5. Page 12 of 50 1[9.Punishment for contravention of Sections 6, 7 and 8. ___ (1) Whoever contravenes the provisions of section 6,7 and 8 regarding narcotic drugs shall be punished with punishment as given in column (3) of the TABLE below with regard to offence committed as mentioned in column (2) thereof, namely:___ TABLE S. No Offence Punis

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Section 10

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stance or controlled substance save in accordance with the conditions of a licence and payment of such fees as may be prescribed. 11. Punishment for contravention of Section 10. __ Whoever contravenes the provisions of section 10 shall be punishable with imprisonment which may extend to twenty-five years but shall not be less than ten years and shall also be liable to fine which shall not be less t

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Section 10

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he conditions of a licence and payment of such fees as may be prescribed. 11. Punishment for contravention of Section 10. __ Whoever contravenes the provisions of section 10 shall be punishable with imprisonment which may extend to twenty-five years but shall not be less than ten years and shall also be liable to fine which shall not be less than one million rupees. 12. Prohibition of acquisition

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Section 12

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or ownership of such assets by making false declaration 1[or by employing any other means of concealment] in relation thereto. 13. Punishment for contravention of section 12. __ Whoever contravenes the provisions of section 12 shall be punishable with imprisonment which may extend to fourteen years but shall not be less than five years and shall also be liable to fine which shall not be less tha

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Section 12

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on 1[or by employing any other means of concealment] in relation thereto. 13. Punishment for contravention of section 12. __ Whoever contravenes the provisions of section 12 shall be punishable with imprisonment which may extend to fourteen years but shall not be less than five years and shall also be liable to fine which shall not be less than the prevailing value of the assets and such assets

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Section 14

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hable under this Act. 1Ins. by the control of narcotic substances (Amdt) Act 2020 (XXIV of 2020), s. 2 Page 20 of 50 15. Punishment for contravention of section 14. __ Whoever participates in, associates, conspires to commit, attempts to commit, aids, abets, facilitates, incites, induces or counsels the commission of an offence in contravention of section 14 shall, whether such offe

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Section 14

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in, associates, conspires to commit, attempts to commit, aids, abets, facilitates, incites, induces or counsels the commission of an offence in contravention of section 14 shall, whether such offence be or be not committed in consequence of such participatio n, association, conspiracy, aid, abetment, facilitation, incitement, inducement or counselling, and notwithstanding anything contained i

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Section 13

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i c substance or controlled substance involved in the commission of such offence. 19. Forfeiture of assets of an offender. __ Notwithstanding anything contained in section 13, where the Special Court finds a person guilty of an offence punishable under this Act a nd sentences him to imprisonment for 1[one year or above] , the Court shall order that his assets derivable from trafficking in narcotic

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Section 21

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n committed is kept or concealed. (2) The officer to whom a search warrant under sub-section (1) is addressed shall have all the powers of an officer acting under section 21. 21. Power of entry, search, seizure and arrest without warrant. __ (1) Where an officer, not below the rank of Sub-Inspector of Police or equivalent authorized in this behalf by the Federal Government or the Provincial

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Section 21

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posed action and forthwith send a copy thereof to his immediate superior officer. 22. Power to seizure and arrest in public places.__ An officer authorized under section 21 may— (a) seize, in any public place or in transit, any narcotic drug, psychotropic substance or controlled substance in respect of which he has reason to believe that an offence punishable under this Act has been commi

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Section 1

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yance, hotel, shop or any other place intended for use by, or accessible to, the public. 23. Power to stop and search conveyance. __ An officer referred to in Section 1[21], may, if he has reason to suspect that any conveyance is, or is about to be, used for the transport of any narcotic drug, psychotropic substance or controlled substance in respect of which he suspects that any provisio

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Section 103

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rposes of the Customs Act, 1969 (IV of 1969). 25. Mode of making searches and arrest.__ The provisions of the Code of Criminal Procedure, 1898, except those of section 103, shall, mutatis mutandis , apply to all searches and arrests in so far as they are not inconsistent with the provisions of sections 20, 21, 22 and 23 to all warrants issued and arrests and searches made under these sections

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Section 20

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warrants issued and arrests and searches made under these sections. 26. Punishment for vexatious entry, search, seizure or arrest.__ Any person empowered under section 20 or section 21 who__ (a) without reasonable grounds of suspicion, enters or searches, or causes to be entered or searched, any building, place, premises or conveyance; (b) vexatiously and unnecessarily seizes the pro

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Section 21

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sued and arrests and searches made under these sections. 26. Punishment for vexatious entry, search, seizure or arrest.__ Any person empowered under section 20 or section 21 who__ (a) without reasonable grounds of suspicion, enters or searches, or causes to be entered or searched, any building, place, premises or conveyance; (b) vexatiously and unnecessarily seizes the property of any p

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Section 20

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o twenty-five thousand rupees. 27. Disposal of persons arrested and articles seized.__ (1) Every person arrested and articles seized under a warrant issued under section 20 shall be forwarded without delay to the authority by whom the warrant was issued; and every person arrested and article seized under section 20 or section 21 shall be forwarded without delay to __ (a) the officer-in-

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Section 20

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rant issued under section 20 shall be forwarded without delay to the authority by whom the warrant was issued; and every person arrested and article seized under section 20 or section 21 shall be forwarded without delay to __ (a) the officer-in-charge of the nearest police station; and (b) the Special Court having jurisdiction. (2) The authority or officer to whom any person or arti

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Section 21

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der section 20 shall be forwarded without delay to the authority by whom the warrant was issued; and every person arrested and article seized under section 20 or section 21 shall be forwarded without delay to __ (a) the officer-in-charge of the nearest police station; and (b) the Special Court having jurisdiction. (2) The authority or officer to whom any person or article is forward

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Section 21

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(c) presume, unless the contrary is proved, the truth of the contents of such document. 31. Power to call for information.__ (1) An officer authorised under section 21 may, during the course of an enquiry 1[or investigation] in connection with the contravention of any provision of this Act,__ 1 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.11. P

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Section 32

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frozen or seized in connection with such offence is liable to confiscation. (2) Where any article seized under this Act appears to be liable to confiscation under section 32, but the person who committed the offence in connection therewith is not known or cannot be found, the Special Court may inquire into and decide such liability, and may order confiscation accordingly: Provided that no o

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Section 21

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ay order the freezing of the assets of the accused, his relatives and associates. (2) Where in the opinion of the Director -General or an officer authorised under section 21 an offence is being or has been committed, he may freeze the assets of such accused and within 1[thirty] days of the freezing shall place before the Court the material on basis of which the freezing was made and further co

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Section 21

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sonable suspicion exists about any person that he has acquired assets through illicit involvement in narcotics, within or without Pakistan, an officer empowered under section 21 or any other person authorised under section 37, shall proceed to trace and identify such assets. (2) On receipt of authenticated information from a foreign court of competent jurisdiction that a citizen of Pakistan has bee

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Section 37

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has acquired assets through illicit involvement in narcotics, within or without Pakistan, an officer empowered under section 21 or any other person authorised under section 37, shall proceed to trace and identify such assets. (2) On receipt of authenticated information from a foreign court of competent jurisdiction that a citizen of Pakistan has been charged for an offence w hich is also an offence

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Section 21

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reign court of competent jurisdiction that a citizen of Pakistan has been charged for an offence w hich is also an offence under this Act, an officer empowered under section 21 or any other person authorised under section 37 shall proceed to trace and identify the assets of the said person, and subject to the provision of sub - section (3) may freeze the said assets. (3) Information about such ass

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Section 37

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itizen of Pakistan has been charged for an offence w hich is also an offence under this Act, an officer empowered under section 21 or any other person authorised under section 37 shall proceed to trace and identify the assets of the said person, and subject to the provision of sub - section (3) may freeze the said assets. (3) Information about such assets shall be laid before to the Special Court fo

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Section 13

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ect to the provision of sub - section (3) may freeze the said assets. (3) Information about such assets shall be laid before to the Special Court for the purpose of section 13 and section 19 in case action under this Act or any other law for the time being in force is initiated and in case of the person who has committed the offence is outside Pakistan, before the High Court fo

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Section 19

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ision of sub - section (3) may freeze the said assets. (3) Information about such assets shall be laid before to the Special Court for the purpose of section 13 and section 19 in case action under this Act or any other law for the time being in force is initiated and in case of the person who has committed the offence is outside Pakistan, before the High Court for the purpose o

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Section 40

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d and in case of the person who has committed the offence is outside Pakistan, before the High Court for the purpose of forfeiture of assets under section 40. (4) The actions referred to in sub -sections (1) and (2) may include any inquiry, investigation or survey in respect of any person, premises, place, property, conveyance, documents and books of accounts. 39. Order for f

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Section 13

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remises, place, property, conveyance, documents and books of accounts. 39. Order for forfeiture of assets. __ (1) Where the Special Court convicts an accused under section 13, or sentences him to imprisonment for 1[one year or more], the Directo r-General or an officer authorised by him may request the said Court by an application in writing alongwith a list of the assets of the convict or, as the

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Section 12

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(2) Where the Special Court is satisfied that any assets specified in the list referred to in sub -section (1) were derived, generated or obtained in contravention of section 12 or are liable to be forfeited under section 19, it may order that such assets shall stand forfeited to the Federal Government 1[and shall vest in that Government free from all encumbrances]: 1 Subs. and added by the

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Section 19

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ssets specified in the list referred to in sub -section (1) were derived, generated or obtained in contravention of section 12 or are liable to be forfeited under section 19, it may order that such assets shall stand forfeited to the Federal Government 1[and shall vest in that Government free from all encumbrances]: 1 Subs. and added by the control of narcotic substances (Amdt.) Act 2022 (XX

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Section 39

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r to entertain any suit or claim relating t o the property , which is pending for adjudication before the Special Court for the purpose of forfeiture of assets under section 39 or section 40.] 41. Prohibition of alienation of freezed property.__ (1) Where any order under section 37 or section 40 is made for freezing of any asset, any alienation or transfer of such asset by any manner or mode sh

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Section 40

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any suit or claim relating t o the property , which is pending for adjudication before the Special Court for the purpose of forfeiture of assets under section 39 or section 40.] 41. Prohibition of alienation of freezed property.__ (1) Where any order under section 37 or section 40 is made for freezing of any asset, any alienation or transfer of such asset by any manner or mode shall, till the

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Section 37

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cial Court for the purpose of forfeiture of assets under section 39 or section 40.] 41. Prohibition of alienation of freezed property.__ (1) Where any order under section 37 or section 40 is made for freezing of any asset, any alienation or transfer of such asset by any manner or mode shall, till the conclusion of the proceedings under this Act, or until such order is vacated be void, and if su

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Section 40

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he purpose of forfeiture of assets under section 39 or section 40.] 41. Prohibition of alienation of freezed property.__ (1) Where any order under section 37 or section 40 is made for freezing of any asset, any alienation or transfer of such asset by any manner or mode shall, till the conclusion of the proceedings under this Act, or until such order is vacated be void, and if such asset is subs

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Section 37

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ets shall be deemed to be of no effect whatsoever. (2) Any person who knowingly alienates or transfers any assets in respect whereof an order has been made under section 37 or section 40 shall be guilty of an offence punishable, on conviction, with imprisonment for a term which may extend to three years, or with fine, or with both. 42. Punishment for acquiring property in relation to whi

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Section 40

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eemed to be of no effect whatsoever. (2) Any person who knowingly alienates or transfers any assets in respect whereof an order has been made under section 37 or section 40 shall be guilty of an offence punishable, on conviction, with imprisonment for a term which may extend to three years, or with fine, or with both. 42. Punishment for acquiring property in relation to which proceedings

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Section 39

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m which may extend to three years and with fine. 43. Power to take possession.__ (1) Where any asset is ordered to be forfeited to the Federal Government under section 39, the Special Court may direct the person holding or possessing such asset to surrender or deliver its possession to the Administrator appointed under section 44 or any other person authorised by the Special Court in this beh

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Section 44

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under section 39, the Special Court may direct the person holding or possessing such asset to surrender or deliver its possession to the Administrator appointed under section 44 or any other person authorised by the Special Court in this behalf, within such time as may be directed by it. (2) If any person refuses or fails to comply with a direction issued under sub-section (1), the Special Cou

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Section 56

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behalf. 57. Mutual legal assistance requests by Pakistan.__ (1) The Federal Government or an officer authorised by the Federal Government under sub-section (3) of section 56 may request a foreign State to__ (a) have evidence taken, or documents or other articles produced; (b) obtain and execute search warrants or other lawful instruments authorising a search for things relevant to inve

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Section 37

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eedings in Pakistan believed to be located in that State, and if found, seize them; (c) freeze assets, the subject of actions or orders under sub -section (2) of section 37, by whatever processes are lawfully available in that State, to the extent to which the assets are believed on reasonable grounds to be located in that State; (d) confiscate articles the subject of orders under sub -secti

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Section 33

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xtent to which the assets are believed on reasonable grounds to be located in that State; (d) confiscate articles the subject of orders under sub -section (2) of section 33 and forfeit assets the subject of orders under sub -section (2) of section 39 to the extent to which the articles or assets, as the case may be, are believed to be located in that State; (e) transmit to Pakistan any

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Section 39

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that State; (d) confiscate articles the subject of orders under sub -section (2) of section 33 and forfeit assets the subject of orders under sub -section (2) of section 39 to the extent to which the articles or assets, as the case may be, are believed to be located in that State; (e) transmit to Pakistan any such evidence, documents, things, articles, assets or proceeds realized from

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Section 57

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requests for assistance.__ (1) The Federal Government may authorise the giving of mutual legal assistance to a foreign State of a kind similar to that specified in section 57 in investigations commenced or proceedings instituted in such state. Page 34 of 50 (2) Such requests shall__ (a) give the name of the authority concerned with the criminal matter to which the

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Section 1

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__ (1) Notwithstanding anything contained in any law for the time being in force, where the Federal Government approves a request of a foreign State pursuant to section 1[58] to obtain evidence in Pakistan, or be able to be given by a person believed to be in Pakistan, the Director-General or an officer authorised by him may apply to the High Court for__ (a) a search warrant; or (b)

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Section 1

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ry detention in Pakistan of a person in detention in a foreign State who is transferred from that State to Pakistan pursuant to a request under clause (f) of (1) of Section 1[57], for such period as may be agreed with that State for the purposes of the request, and the return in custody of the person to the foreign State. (2) A person in respect of whom a notice is issued un

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Section 63

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ding anything contained in any law for the time being in force, where the Federal Government approves a request of a fore ign State pursuant to 1[sub-section (1) of section 63] to restrain dealings in any assets, some or all of which are believed on reasonable grounds to be located in Pakistan, the Federal Government may apply to the High Court for a restraining order. (2) The High Court, to

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Section 38

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orfeiting such assets, this 1[Act] shall apply as if the offence had been committed in Pakistan, whereupon the freezing order had been made under sub-section (2) of section 38. 63. Requests for enforcement of foreign confiscation or restraining orde rs.__ (1) This section does not apply to cases falling within section 40 of this Act. (2) Where a foreign State requests the Federal Government to

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Section 40

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sub-section (2) of section 38. 63. Requests for enforcement of foreign confiscation or restraining orde rs.__ (1) This section does not apply to cases falling within section 40 of this Act. (2) Where a foreign State requests the Federal Government to make arrangements for the enforcement of a__ (a) foreign restraining order; or (b) foreign forfeiture order, the Director -General may

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Section 33

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accused or any of his associate or relative or any private individual till the conclusion of the case 1[except as provided in the second proviso to sub-section (2) of section 33]. 2[74A.Power to amend Schedules.__ The Federal Government may, by notification in the official Gazette, amend the Schedules so as to add any entry thereto, amend any entry therein or omit any entry there from if it is s

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Section 2(za)

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under such law if the said law had not been repealed. ___________ Page 44 of 50 1[SCHEDULE - I] [See Section 2(za)] PSYCHOTROPIC SUBSTANCES _______________________________________________________________________________________________________________ International non-proprietary names Other non-proprietary or tr

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Section 2(k)

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ethylbutyl)-vinylbarbituric acid. 85. MECLOQUALONE 3(0-chlorophenyl)-2-methyl-4(3H)- quinazolione. ______________________ 1[SCHEDULE-II [see section 2(k)] Division –I (Table-I of the 1988 Convention) Ephedrine N-acetylanthranilic acid Erogometrine Isosafrole Ergotamine 3,4 methylnedeioxphenyl- Lysergic acid 2- propanone 4-pheny 1-2 propanone Piperonal Pseu

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Provisions explicitly cited in other instruments 2

Section 516A of Code of Criminal Procedure (CrPC), 1898 (Under Review)

Cited by Control of Narcotic Substances Act (CNSA), 1997

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roceeds shall be handed over to the owner.] (4) A narcotic drug, psychotropic substance or controlled substance seized un der this Act shall be disposed of under Section 516A of the Code of Criminal Procedure, 1898 (Act V of 1898) 2[:] 2[Provided that the Federal Government may exempt any narcotic drugs, psychotr opic substance and controlled substance for disposal under section 516A of the C ode by making rules under this Act

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Target heading · Code of Criminal Procedure (CrPC), 1898 (Under Review)

1[516A. Order for custody and disposal of property pending trial in certain cases. When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before any Criminal Court during any inquiry or trial, the Court may

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Section 523 of Code of Criminal Procedure (CrPC), 1898 (Under Review)

Cited by Control of Narcotic Substances Act (CNSA), 1997

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any other law for the time being in force, nothing in that law shall prevent the offender from being punished under this Act : Provided that nothing contained in section 523 of the Code of Criminal Procedure, 1898 (Act V of 1898), or any other provision of the said Code or any other law for time being in force, the custody of narcotic drugs, psychotropic substances, controlled substances, any material utensils used for production o

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Target heading · Code of Criminal Procedure (CrPC), 1898 (Under Review)

523. Procedure by police upon seizure of property taken under section 51 or stolen. __ (1) The seizure by any police -officer of property taken under section 51, or alleged or suspected to have been stolen, or found under circumstances which create suspicion of the commission of any offence, shall be forthwith r

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Cited instruments not matched in this library 15