Punjab · Act · 1997

CONTROL OF NARCOTIC SUBSTANCES ACT, 1997

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THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997 (XXV of 1997)

THE SCHEDULE

TEXT THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997 (XXV of 1997) [11th July, 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 drugs, psychotrolpic substances, and control the production, processing and trafficking of such drugs and substances; AND WHEREAS it is expedient to regulate the treatment and rehabilitation of narcotic addicts and for matters connected therewith and incidental thereto; It is hereby enacted as follows:–

CHAPTER I

PRELIMINARY

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;

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

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

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

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

(d) “cannabis (hemp)” means–

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

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

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

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

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

(g) “coca derivative” means–

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

(ii) ecgonine, that is, leavoecgonine having the chemical formula C9H15NO3H2O and all chemical derivatives of leavo-ecgonine including 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 percent of cocaine;

(h) “coca leaf” means–

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

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

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

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

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

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

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

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

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

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

(ii) refining of such drugs or substances;

(iii) transformation of such drugs or substance; and

(iv) making or preparing such drugs or substance;

(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 somniferumor 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 percent 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 C17H19NO3and its salts;

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

(v) all preparations containing more than 0.2 percent 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 Schedule 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 Court 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 percent 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.

CHAPTER II

PROHIBITION AND PUNISHMENT

Section 4. Prohibition of cultivation of narcotic plants

No one shall cultivate 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 authorized 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 contravention of section 4

Whoever contravenes the provisions of section 4 shall be punishable with imprisonment which may extend to seven years, or with fine, or with both.

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, dispatch, 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) tranship. 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, transport within Pakistan and transhipment 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 license, permit or authorities by which such licences, permits or authorization may be granted, the fees that may be charged therefore, any other matter required to have effective control of the Federal Government over such import, export, transportation and transhipment.

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.

Section 9. Punishment for contravention of sections 6, 7 and 8

Whoever contravenes the provisions of section 6, 7 or 8 shall be punishable with–

(a) imprisonment which may extend to two years, or with fine, or with both, if the quantity of the narcotic drug, psychotropic substance or controlled substance is one hundred grams or less;

(b) imprisonment which may extend to seven years and shall also be liable to fine, if the quantity of the narcotic drug, psychotropic substance or controlled substance exceeds one hundred grams but does not exceed one kilogram;

(c) death or imprisonment for life, or imprisonment for a term which may extend to fourteen years and shall also be liable to fine which may be up to one million rupees, if the quantity of narcotic drug, psychotropic substance or controlled substance exceeds the limits specified in clause (b):

Provided that if the quantity exceeds ten kilograms the punishment shall not be less than imprisonment for life.

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), or 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 in relation thereto.

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 counseled 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.

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 participation, association, conspiracy, aid, abetment, facilitation, incitement, inducement or counseling, 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 prevision of this Act or any rule or order made, or any licence, permit or authorisation issued here-under, for which no punishment is separately

provided in this Chapter, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with

both.

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, or with fine, or with both.

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, psychotropic 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 and sentences him to imprisonment for a term exceeding three years, the Court shall also 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.

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 offence 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 19, 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 authorized 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;

(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

(c) vexatiously and unnecessarily detains, searches or arrests any person, 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 dispatch, 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 process 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 executed 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 authorized under section 21 may, during the course of an enquiry in connection with the contravention of any provision of this Act,–

(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.

Section 32. Articles connected with narcotics

(1) Whenever any 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.

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:

(4) A narcotic drug, psychotropic substance or controlled substance seized under this Act shall be disposed of under section 516A of the Code of Criminal Procedure, 1898 (Act V of 1898).

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 Analysts

(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

1Substituted by the Control of Narcotic Substances (Amendment) Ordinance, 2000 (LXVI of 2000) w.e.f.23.12.2000; and published in Gazette of Pakistan (Extraordinary), part-I s.2.

2Substituted by the Control of Narcotic Substances (Amendment) Ordinance, 2000 (LXVI of 2000) w.e.f.23.12.2000; and published in Gazette of Pakistan), part-I s.2.

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.

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 authorized under section 21 an offence is being or has been committed, he may freeze the assets of such accused and within seven days of the freezing shall place before the Court the material on the 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 officer 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.

Section 38. Tracing of assets

(1) On receipt of a complaint or credible information or where 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 authorized 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 citizen of Pakistan has been charged for an offence which is also an offence under this Act, an officer empowered under section 21 or any other person authorized 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 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 more than three years, the Director-General or an officer authorized by him may request the said

Court by an application in writing along with 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 are liable to be forfeited under section 19, it may order that such assets shall stand forfeited to the Federal Government:

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 explanation 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 Federal Government.

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 authorized 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 records, 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.

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 forfeited 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 authorized 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.

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;

(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 heard 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 section 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 Special Court comprising a judicial Magistrate of the First

Class.

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, 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 authorized 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 Procedure 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 3[bail] and against 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 centers for treatment of addicts

The Provincial Government shall establish as many centers 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.

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–

3Misprinted in the gazette as “ail”.

(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 authorized 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 activities 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–

(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 authorized 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 authorized by the Federal Government in this behalf.

Section 57. Mutual legal assistance requests by Pakistan

(1) The Federal Government or an officer authorized by the Federal Government under sub-section

(3) of section 56 may request the foreign State to–

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

(b) obtain and execute search warrants or other lawful instruments authorizing 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 authorized 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 affect 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 60 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 authorized by him may apply to the High Court for–

(a) a search warrant; or

(b) an evidence-gathering order.

(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 a 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 Court 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 Order, 1984, be admissible in the evidence-gathering proceedings, and be determinative 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 the Criminal Procedure Code, 1898 (V of 4[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 representation made by the Director-General or an officer authorized 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 send 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 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 5[person], who is serving a term of imprisonment in Pakistan, transferred to a foreign

4Misprinted in the gazette as “1998”. 5Misprinted in the gazette as “peron”.

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 custody 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 behavior, 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 62, 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 Federal 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 specified date, the Federal Government shall direct that the person be released from custody accordingly.

(4) The provisions of this section shall apply, 6[mutatis 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 and 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 foreign State pursuant to section 66 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;

(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 ordinance 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.

Section 63. Requests for enforcement of foreign confiscation or restraining orders

(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,

6Misprinted in the gazette as “mutates mutandis”.

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 authorized 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 authorized 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.

(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 shall 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 as 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 transaction

(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, generated 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 authorized 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 Ordinance 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:

Provided that, notwithstanding anything contained in the Custom 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 authorized under this Act.

Section 73. Saving of Provincial and special laws

(1) Nothing contained in this Act 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 transshipment 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 7[except as provided in the second proviso to sub-suction (2) of section 33].

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. Ordinance 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.

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 saving

(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.

7Added by the Control of Narcotic Substances (Amendment) Ordinance, 2000 (LXVI of 2000) w.e.f.23.12.2000; and published in Gazette of Pakistan), part-I s.3.

THE SCHEDULE

[See Section 2 (za)] PSYCHOTROPIC SUBTANCES

International non- proprietary names Other non- proprietary or trivial names Chemical Name

1 2 3

1. AMFETAMINE amphetamine (+/-) -a-methylphenethylamine.

2. AMOBARBITAL

5-ethyl-5-barbituric acid.

3. ALLOBARBITAL

5,5-daillylabarturic acid.

4. ALPRAZOLAM

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

5. AMFEPRAMONE

2-(diethylamino) propiophenone.

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

7. BUPRENORPHINE

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

8. BUTALBITAL

5-allyl-5-isobutylbarbituric acid.

9. BARBITAL

5,5-diethylbarbituric acid.

10. BENZFETAMINE benzphetamine N-benzyl-N,a- dimethylphenethylmine.

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

12. CATHINONE DET DMA (-)-(S)-2 aminopropiophenone. 3-[2-(diethylamino) ethyl] indole. (+/-)2,5-dimethoxy-a- methylphenethylamine.

DMHP 3-(1,2-dimethyheptyl)-7,8,9,10- tetrahydro-6,6,9-trimethyl-6H- dibenzo [b,d] pyran-1-01.

13. CATHINE (+)-norpseudo ephedrine. [DMT [DOET (+)-(R)-a-[(RO-1-aminoethyl] benzylalcohol. 3-[2-dimethylamino)ethyl] indole. (+/-)-4-ethyl-2,5-dimethoxy-a- phenethly-amine.

14. CYCLOBARBITAL

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

15. CAMAZEPAM

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

18. CLONAZEPAM

5-(O-chlorophgenyl)-1,3-dihydro-7- mitro-2H-1,4-benzodiazpine-2-

one.

19. CLORAEPATE

7-chloro-2,3-dihydro-2-oxo-5- phenyl-1H-1-4-benzodiazepine-3- carbxylic 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-11b-(O-chlorophenyl)-2- 3,7,11b-tetraphydrooxazolo [3,2- d][1,4]benzodiazepin-6(5H)-one.

22. DEXAMPHETAMINE 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

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

27. ETHYL LOFLAZEPATE

ethyl7-chloro-5-(0-flurophenyl)-2,3- dihydro-2-oxo-1H-1,4- benzodiazepine-3-carboxylate.

28. ETILAMFETAMINE N-ethylam-petamine N-ethyl-a-methylphenethylamine.

29. ETHINAMATE

1-eithynycychlohexanol- carbamate.

30. ETICYCLIDINE PCE N-ethyl-1- phenylcychlohexylamine.

31. FENETYLINE

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

32. FENCAMFAMIN

N-ethyl-3-pheny 1-2- norbornanamine.

33. FENPROPOREX

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

34. FLUDIAZEPAM

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

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. GLUTETHIMIDE

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

38. HALAZEPAM

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

39. HALOXAZOLAM

10-bromo-11b(0-fluorophenyl)- 2,3,7,11b-tetrahydrooxazolo [3,2- d][1,4] benzodiazepine-6(5H)-one.

40. KETAZOLAM

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

41. (+)-LYSERGIDE LSD, LSD-25 MDMA Mescaline 4-methyla- minorex MMDA

N-ethyl

N-hydroxy

MDA Parahexyl

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

(methylendedioxy) phenethyl]hydroxylamine. 3-hexyl-7,8,9,10-tetrahydro-6,6,9- trimethyl-6H-dibenzo [b,d] pyran-1-

01. p-methoxy- amethylphenethylamine. 3-[2-(dimethylamino) ethyl] indol-4-

01.

42. LEFETAMINE SPA (-)-N,N-dimethyl-1,2 diphenylethylamine.

43. LOPRAZOLAM

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

44. LOPRAZEPAM

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

45. LORMETAZEPAM

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

46. LEVAMFETAMINE levamphe- tamine levometh- amphetamine (-)(R)-a- methylphetyphenethylamine. (-)-N,a-dimethylphenethylamine.

47. METAFETAMINE metham- (+)-(S)-N,a-dimethylphethylamine.

phetamine

48. METAFETAMINE RACEMATE methafetamine reecemate (+/-)-N,a-dimethylphethylamine.

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

50. MEPROBAMATE

2-methyl-2-propyl-1,3-propanediol dicarbamate.

51. METHAQUALONE

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

52. METHYLPHENOBA RBITAL

5-ethyl-1-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-1-methyl-5- phenyl-1H-1,4-benzodiazepine.

56. MEFENOREX

N-(3-chloropropyl)-a- methylphenethylamine.

57. MIDAZOLAM**

8-chloro-6-(0-fluorophenyl)-1- methyl-4H-imidazo[1,5- a][1,4]benzodiazepine.

58. NIMETAZEPAM

1,3-dihydro-1-methyl-7-nitro-5- phenyl-2H-1,4-benzodiazepine-2-

one.

59. NITRAZEPAM

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

60. NORDAZEPAM

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

61. OXAZEPAM

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

62. OXAZOLAM

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

63. PHENCYCLIDINE PCP 1-(1-phencylcychlohenxyl)

piperidine.

64. PENTAZOSINE

(2R,6R,11R)-1,2,3,4,5,6- hexahydro-6,11-dimethyl1-3-(3- methyl-2-butenyl)-2,6-methono-3- benzazocin-8-01.

65. PHENMETRAZINE

3-methyl-2-phenylmorpholine.

66. PENTOBARBITAL

5-ethyl-5-(1-methylbutyl)barbituric

acid.

67. PHENOBARBITAL

5-ethl-5-phenyl barbituric acid.

68. PIPRADROL

a,a-diphenyl-2-piperidinemethanol.

69. PSILOCYBINE

3-(2dimethylamino)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-1-cyclopropylmethyl)-1,3- dihydro-5-phenyl-2H-1,4- benzodiazepin-2-one.

74. PRAZEPAM

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

75. PYROVALERONE

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

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

77. SECOBARBITAL Delta-9- Tetrahydrocannabinol and itsstero-chemical variants.

5-allyl-5-(1-methylbutyl)barbituric

acid. (6aR,10aR)-6a,7,8, 10a- tetrahydro-6,6,9-trimethyl-3-pentyl- 6H-dibenzo [b,d] pyran-1-01.

78. SECBUTABARBITAL 5-see-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-(1-cyclohexen-1-yl)-1,3- dihydro-1-methyl-2H-1,4- benzodiazepin-2-one.

81. TRIAZOLAM

8-chloro-6-(0-chlorophenyl)-1- methyl-4H-s- trizazolo[4,3a][1,4]benzodiazepine.

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

83. TENOCYCLIDINE TCP 1-[1-(2-thienyl)clohexyl] piperidine. 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,10aR)6a,9,10a- tetrahydor-6,6,9-trimethyl-3- pentyl-6H-dibenzo[b,d] pyran-1-

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

01.

84. VINYBITAL

5-(1-methylbutyl)-vinylbarbituric

acid.

85. MECLOQUALONE

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

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 
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 
41. Prohibition of alienation of freezed property 
42. Punishment for acquiring property in relation to which proceedings have 
been taken under this Act 
43. Power to take possession 
44. Management of assets frozen or forfeited under the Act 
CHAPTER V 
SPECIAL COURTS 
45. Jurisdiction to try offences 
46. Establishment of Special Courts 
47. Application of the Code of Criminal Procedure, 1898 
48. Appeal 
49. Transfer of cases 
50. Special Prosecutor 
51. No bail to be granted in respect of certain offences 
CHAPTER VI 
TREATMENT AND REHABILITATION OF ADDICTS 
52. Registration of addicts 
53. Powers of the Government to establish centers for treatment of addicts 
CHAPTER VII 
NATIONAL FUND FOR CONTROL OF DRUG ABUSE 
54. National fund for control of drug abuse 
55. Annual Report of the activities financed out of the fund 
CHAPTER VIII 
INTERNATIONAL CO-OPERATION 
56. Authority to make and act on mutual legal assistance requests 
57. Mutual legal assistance requests by Pakistan 
58. Foreign requests for assistance 
59. Foreign requests for an evidence-gathering Order or a search warrant 
60. Foreign requests for assistance from detained persons 
61. Foreign persons in Pakistan in response to a Pakistan request 
62. Foreign requests for Pakistan restraining orders 
63. Requests for enforcement of foreign confiscation or restraining orders 
64. Requests to recover foreign fines 
65. Sharing forfeited property with foreign States 
66. Extradition 
CHAPTER IX 
GENERAL 
67. Reporting of suspicious financial transactions 
68. Presumption to the assets acquired through dealing in narcotics 
69. Departments to render assistance to the Special Courts, etc 
70. Notice or order not to be invalid for error in description 
71. Delegation 
72. Application of the Customs Act, 1969 
73. Saving of Provincial and special laws 
74. Application of other laws 
75. Indemnity 
76. Ordinance to override other laws 
77. Power to make rules 
78. Repeal and saving

Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: fa7d048a16a8cbb9422b4013cb19652ebe5e964782cfae97ca6134dc4042471e.

THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997
(XXV of 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 cultivation of narcotic plants
5. Punishment for contravention of section 4
6. Prohibition of possession of narcotic drugs etc
7. Prohibition of import or export of narcotic drugs, etc
8. Prohibition on trafficking or financing the trafficking of narcotic drugs
etc
9. Punishment for contravention of sections 6, 7 and 8
10. Prohibition on owning, operating premises or machinery for
manufacture of narcotic drugs, etc
11. Punishment for contravention of section 10
12. Prohibition of acquisition and possession of assets derived from
narcotic offences
13. Punishment for contravention of section 12
14. Prohibition on aiding, abetment or association in narcotic offences
15. Punishment for contravention of Section 14
16. Punishment for offence for which no punishment is provided
17. Obstructions to officers
18. Limit of fine, etc
19. Forfeiture of assets of an offender
CHAPTER III
SEARCH AND INVESTIGATION
20. Power to issue warrants
21. Power of entry, search, seizure and arrest without warrant
22. Power to seizure and arrest in public places
23. Power to stop and search conveyance
24. Undercover and controlled delivery operations
25. Mode of making searches and arrest
26. Punishment for vexatious entry, search, seizure or arrest
27. Disposal of persons arrested and articles seized
28. Powers to invest officers of law enforcement agencies with powers of an
officer-in-charge of a police station
29. Presumption from possession of illicit articles
30. Presumption as to documents in certain cases
31. Power to call for information
32. Articles connected with narcotics
33. Procedure for making confiscation
34. Federal Narcotics Testing Laboratory, etc
35. Government Analyst
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
41. Prohibition of alienation of freezed property
42. Punishment for acquiring property in relation to which proceedings have
been taken under this Act
43. Power to take possession
44. Management of assets frozen or forfeited under the Act
CHAPTER V
SPECIAL COURTS
45. Jurisdiction to try offences
46. Establishment of Special Courts
47. Application of the Code of Criminal Procedure, 1898
48. Appeal
49. Transfer of cases
50. Special Prosecutor
51. No bail to be granted in respect of certain offences
CHAPTER VI
TREATMENT AND REHABILITATION OF ADDICTS
52. Registration of addicts
53. Powers of the Government to establish centers for treatment of addicts
CHAPTER VII
NATIONAL FUND FOR CONTROL OF DRUG ABUSE
54. National fund for control of drug abuse
55. Annual Report of the activities financed out of the fund
CHAPTER VIII
INTERNATIONAL CO-OPERATION
56. Authority to make and act on mutual legal assistance requests
57. Mutual legal assistance requests by Pakistan
58. Foreign requests for assistance
59. Foreign requests for an evidence-gathering Order or a search warrant
60. Foreign requests for assistance from detained persons
61. Foreign persons in Pakistan in response to a Pakistan request
62. Foreign requests for Pakistan restraining orders
63. Requests for enforcement of foreign confiscation or restraining orders
64. Requests to recover foreign fines
65. Sharing forfeited property with foreign States
66. Extradition
CHAPTER IX
GENERAL
67. Reporting of suspicious financial transactions
68. Presumption to the assets acquired through dealing in narcotics
69. Departments to render assistance to the Special Courts, etc
70. Notice or order not to be invalid for error in description
71. Delegation
72. Application of the Customs Act, 1969
73. Saving of Provincial and special laws
74. Application of other laws
75. Indemnity
76. Ordinance to override other laws
77. Power to make rules
78. Repeal and saving
THE SCHEDULE
TEXT
THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997
(XXV of 1997)
[11th July, 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 drugs, psychotrolpic substances, and control the production, processing and
trafficking of such drugs and substances;
AND WHEREAS it is expedient to regulate the treatment and rehabilitation of
narcotic addicts and for matters connected therewith and incidental thereto;
It is hereby enacted as follows:–
CHAPTER I
PRELIMINARY
1. Short title 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 perso n physically or mentally depende nt on any
narcotic drug or psychotropic substance or a person who habitually
uses narcotic drugs or psychotropic substances;
(b) “assets” means any property owned, controlled or belonging to an
accused, whether directly or indirectly, or in the name of his spouse or
relatives or associates whether within or without Pakistan for which
they cannot reasonably account;
(c) “associate”, in relation to an accused, means–
(i) any individual who is, or has, at the relevant time been ordinarily
residing in the residential premises, including out -houses and
servant-quarters of an accused;
(ii) any indiv idual who, is or has, at the relevant time been
managing the affairs or keeping the accounts of an accused;
(iii) any association of persons, body of individuals, firm or private
limited company within the meaning of Companies Ordinance,
1984 (XLVII of 1 984), 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 privat e limited co mpany referred to in
sub-clause (iii);
(v) a trustee of any trust created by an accused; or
(vi) where the Special Court, for reasons to be recorded, considers
that any property of an accused is held on his behalf by any
other person, such other person;
(d) “cannabis (hemp)” means–
(i) cannabis resin ( charas) that is, the separated resin, whether
crude or purified, obtained from the cannabis plant and also
includes concentrated preparation and resin known as hashish
oil or liquid hashish;
(ii) the flowering or fruiting tops of the cannabis plant (excluding the
seed and leaves when not accompanied by the tops) from which
the resin has not been extracted, by whatever name they may
be designated or known; and
(iii) any mixture with or without ne utral materials of any of the above
forms of cannabis or any drink prepared therefrom;
(e) “cannabis plant” means any plant of the genus cannabis;
(f) “coca bush” means the plant of any species of the genus Erythroxylon;
(g) “coca derivative” means–
(i) crude cocaine, that is , any extract of coca leaf which can be
used, directly or indirectly, for the manufacture or production of
cocaine;
(ii) ecgonine, that is, leavoecgonine having the chemical formula
C9H15NO3H2O and all chemical derivatives of leav o-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 percent of cocaine;
(h) “coca leaf” means–
(i) the leaf of the coca bush except a leaf from which all ecgonine,
cocaine or any other ecgonine alkaloids have been removed;
(ii) any mixture thereof, with or without neutral material, but does
not include any preparation containing not m ore than 0.1
percent 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 u nder 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 narcot ic drugs or psychotropic
substance;
(l) “conveyance” means a conveyance of any description whatsoever and
includes, any aircraft, vehicle, vessel, railways or animal;
(m) “Director-General” means Director -General of the Anti -Narcotics Force
or any other of ficer 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 recognized by the Federal Government from time to time;
(o) “freezing” means prohibiting by an order made by the Special Court or
an officer authorized under this Act the transfer, conversion, disposal or
movement of any assets and includes the holding, controlling,
assuming custody or managing any assets in pursuance of such order
and, in the case of assets which are perishable the disposal thereof;
(p) “manufacture”, in relation to narcotic drugs or psychotropic substances,
includes–
(i) all processes by which such drugs or substances may be
obtained;
(ii) refining of such drugs or substances;
(iii) transformation of such drugs or substance; and
(iv) making or preparing such drugs or substance;
(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 o f
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
somniferumor any other species of Papaver) after mowing, other
than the seeds,
(ii) the spontaneously coagulated juice of capsules of poppy which
has not been su bmitted 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 percent 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 t ransform 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 C17H19NO3and its salts;
(iv) diacetylmorphine, that is, the semi synthetic substance, also
known as diamorphine or heroin, having the chemical formula
C21H23NO5 and its salts; and
(v) all preparations containing more than 0.2 percent 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 c oncentration 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 lan d, goods or property, wherever
situated, money or valuable security issued by the Government;
(za) “psychotropic substance” means the substances, specified in the
Schedule to this Act and such substances as the Federal Government
may, by notification in t he 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” mea ns the Special Court established under section 46
or any other Court 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 in cludes 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 t he
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.
CHAPTER II
PROHIBITION AND PUNISHMENT
4. Prohibition of cultivation of narcotic plants .– No one shall cultivate 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 authorized
by the Federal Government may, subject to such conditions as it may prescribe,
permit under a licen ce cultivation or gathering of any such narcotic plant or any
portion thereof exclusively for medical, scientific or industrial purposes.
5. Punishment for contravention of section 4 .– Whoever contravenes the
provisions of section 4 shall be punishable with imprisonment which may extend to
seven years, or with fine, or with both.
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, dispatch, 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;
(c) transport within Pakistan; or
(d) tranship.
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, transport within Pakistan and transhipment 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, transporte d within
Pakistan or transhipped, the form and conditions of license, permit or authorities by
which such licences, permits or authorization may be granted, the fees that may be
charged therefore, any other matter required to have effective control of the Federal
Government over such import, export, transportation and transhipment.
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.
9. Punishment for contravention of sections 6, 7 and 8 .– Whoever
contravenes the provisions of section 6, 7 or 8 shall be punishable with–
(a) imprisonment which may extend to two years, or with fine, or with both,
if the quantity of the narcotic drug, psychotropic substance or controlled
substance is one hundred grams or less;
(b) imprisonment which may extend to seven years and shall also be liable
to fine, if the quantity of the narcotic drug, psychotropic substance or
controlled substance exceeds one hundred grams but does not exceed
one kilogram;
(c) death or impri sonment for life, or imprisonment for a term which may
extend to fourteen years and shall also be liable to fine which may be
up to one million rupees, if the quantity of narcotic drug, psychotropic
substance or controlled substance exceeds the limits spec ified in
clause (b):
Provided that if the quantity exceeds ten kilograms the punishment
shall not be less than imprisonment for life.
10. Prohibition on owning, operating premises or machinery for
manufacture of narcotic drugs, etc .– No one shall own, mana ge, 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, assi gn 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 consti tutes 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), or 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 in relation thereto.
13. Punishment for contravention of section 12 .– Whoever contravenes the
provisions of section 12 shall be punishable with imprisonment w hich 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 counseled
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.
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
participation, association, conspiracy, aid, abetment, facilitation, incitement,
inducement or counseling, a nd 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 prevision of this Act or any rule or order made, or any licence,
permit or authorisation issued here -under, for which no punishment is separately
provided in this Chapter, shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to five thousand rupees, or with
both.
17. Obstructions to officers .– Whoever hinders or obstructs any officer in the
performance of his functions under this Act or willfully furnish es 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,
or with fine, or with both.
18. Limit of fine, etc .– Where fo r 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, psychotropic 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 and sentences him to imprisonment for a term exceeding three years,
the Court shall also 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.
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 se arch, 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, ps ychotropic substance or controlled substance in respect of
which an offence 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 an d 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 committe d 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 b elieve 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, psy chotropic 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 oth er place intended for use by, or
accessible to, the public.
23. Power to stop and search conveyance.– An officer referred to in section 19,
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
(c) if it becomes necessary to stop the conveyance, he may use all
reasonable force for stopping it.
24. Undercover and controlled deliver y 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, fo r 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 prop erly 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 authorized 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 narcot ic drug, psychotropic substance, manufactured
drug, controlled substance, property or other thing in or on the
conveyance to be delivered or collected;
(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 se izing or searching for any narcotic drug, psychotropic
substance, controlled substance or any other article or document
relating to any offence under this Act; and
(c) vexatiously and unnecessarily detains, searches or arrests any person,
shall be punish ed 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 w arrant 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 dispatch, take such measures as may be
necessary under the law for the disposal of such person or article.
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 with in 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 unt il 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 process 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 o f 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 furnish ed, 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 pers on 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 executed or attested by th e
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 authorized under section 21
may, during the course of an enquiry in connection with the contravention of any
provision of this Act,–
(a) call for information from an y 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;
(c) examine any person acquainted with the facts and circumstances of
the case; and
(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.
32. Articles connected with narcotics .– (1) Whenever any 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 w hich, 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.
33. Procedure for making confiscation .– (1) In the trial o f 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 th at 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
[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
authorised 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.]
2
[(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
under this Act shall be disposed of under section 516A of the Code of Criminal
Procedure, 1898 (Act V of 1898).
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, appo int 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 controlle d s ubstances as may be
specified in the notification.
36. Reports of Government Analysts.– (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

1Substituted by the Control of Narcotic Substances (Amendment) Ordinance, 2000 (LXVI of 2000) w.e.f.23.12.2000; and
published in Gazette of Pakistan (Extraordinary), part-I s.2.
2Substituted by the Control of Narcotic Substances (Amendment) Ordinance, 2000 (LXVI of 2000) w.e.f.23.12.2000; and
published in Gazette of Pakistan), part-I s.2.
such authority as may be prescribed.
(2) Notwithstanding anything contained in any other law for the time being
in force, any document pur porting 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.
CHAPTER IV
FREEZING AND FORFEITURE OF ASSETS
37. Freezing of ass ets, 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 authorized
under section 21 an offence is being or has been committed, he may freeze the
assets of such accused and within seven days of the freezing shall place befor e the
Court the material on the 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 officer 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 reasonable suspicion exists about any person that he has acquir ed assets
through illicit involvement in narcotics, within or without Pakistan, an officer
empowered under section 21 or any other person authorized under section 37, shall
proceed to trace and identify such assets.
(2) On receipt of authenticated informat ion from a foreign Court of
competent jurisdiction that citizen of Pakistan has been charged for an offence which
is also an offence under this Act, an officer empowered under section 21 or any
other person authorized under section 37 shall proceed to trac e 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 acti on under this Act or any
other law for the time being in force is initiated and in case 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 t o 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 more than three
years, the Director -General or an officer authorized by him may request the said
Court by an application in writing along with 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 are liable to be forfeited under section 19, it may order that such assets
shall stand forfeited to the Federal Government:
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 explanation or defaults
in making appearance before the Special Court on any date appoin ted 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 t he
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 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 authorized 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
records, 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;
(c) has not been obtained by fraud;
(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.
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 va cated be void, and if such asset is
subsequently forfeited 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 possessi on.– (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 authorized 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 wit h 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 forfeite d 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.
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 wh ere 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 appointe d 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;
(ii) in sub-section (2) (ii), on any Judicial Magistrate of the First Class.
47. Application of the Code of Crimin al 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 t rials 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 heard 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.
(2) On the establishment of Special Courts under section 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 Special Court comprising a judic ial Magistrate of the First
Class.
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 sh all be
competent to conduct proceedings under this Act before a Special Court and, 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 authorized 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 Procedure 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
3
[bail] and against 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 firs t 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 centers for treatme nt of
addicts.– The Provincial Government shall establish as many centers 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.
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–

3Misprinted in the gazette as “ail”.
(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;
(c) the sale proceeds of unserviceable commodities and vehicles provided
by the donor for narcotics control purposes;
(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 authorized 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 activities 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.
(2) The Federal Government may–
(a) make request on behalf of Pakistan to the appropriate aut hority 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 prejudic e 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 authorized 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 authorized by the Federal Government in this behalf.
57. Mutual legal assistance requests by Pakistan .– (1) The Federal
Government or an officer authorized by the Federal Government under sub -section
(3) of section 56 may request the foreign State to–
(a) have evidence taken, or documents or other articles produced;
(b) obtain and execute search warrants or other lawful instruments
authorizing 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
authorized the giving of mutual legal assistance to a foreign State of a kind similar to
that specified in section 57 in investigations commenc ed 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;
(c) give a description of the purpose of the request and of the nature of the
assistance being sought;
(d) in the case of a request to freeze or forfeit assets believed on
reasonable grounds to be located in Pakista n, 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 affect 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
60 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 authorized by him may apply to the
High Court for–
(a) a search warrant; or
(b) an evidence-gathering order.
(2) The High Court to which a n 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 rea sonable
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 wh ereabouts 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 appro priate 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 a 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 e vidence-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 i n 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 und er sub -section (4), the High Court 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 Order, 1984, be admissible in the
evidence-gathering proceedings, and be determinative 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 refus ed 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 a rrest 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 the Criminal
Procedure Code, 1898 (V of
4
[1898]);
(b) shall specify a time and date when the High Court will hear any
representations from any person from who m, 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 representation made by the Director -General or an
officer authorized 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 no t 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 send 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 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 orde red 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 assis tance from detained persons .– (1) Where the
Federal Government approves a request of a foreign State to have a detain ed
5
[person], who is serving a term of imprisonment in Pakistan, transferred to a foreign

4Misprinted in the gazette as “1998”.
5Misprinted in the gazette as “peron”.
State for a fixed period to give evidence or assi st 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 con stituted 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 ot her
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 cu stody 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 behavior, be deemed
to have been spent in service of the sentence being served when the order was
made.
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 62, 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 Paki stan and remain in Pakistan for the purpose s
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 Federal 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 specified date, the Federal Government shall dir ect
that the person be released from custody accordingly.
(4) The provisions of this section shall apply,
6
[mutatis 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 and 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 t hat
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 foreign State pursuant to section 66 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 u nder 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;
(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 ordinance 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 orders .–
(1) This section does not apply to cases falling within section 40 of this Act.
(2) Where a foreign State reques ts the Federal Government to make
arrangements for the enforcement of a –
(a) foreign restraining order; or
(b) foreign forfeiture order,

6Misprinted in the gazette as “mutates mutandis”.
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
authorized 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 ord er 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
authorized by him, cancel the registration of–
(a) a foreign restraining order if it appears to the Court that the ord er 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.
(7) Subject to sub-section (8), where the foreign restraining order or foreign
forfeiture order co mprises 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 o f 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 foreig n forfeiture order has been
registered pursuant to this section, this Act shall 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 as 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 deriv ed 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 pr operty 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 St ate, 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 Extr adition 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
67. Reporting of suspicious financial transaction .– (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 o r 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 as sets or part thereof
were acquired, generated 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 authorized by the Federal Government for the p urposes 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 restrict ions
imposed by or under this Ordinance 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:
Provided that, notwithstanding anything contained in the Custom Act, 1969 (IV
of 1969), or any other law for the time being in force, all offences relating to narcotic
drugs, psych otropic 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 authorized under this Act.
73. Saving of Provincial and special laws .– (1) Nothing contained in this Act 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 punish ment 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 subst ances, any material utensils used for production or manufacture of
such drugs or substances or any conveyance used in import, export, transport or
transshipment thereof or for commission of an offence under this Act, shall not be
given on custody to the ac cused or any of his associate or relative or any private
individual till the conclusion of the case
7
[except as provided in the second proviso to
sub-suction (2) of section 33].
75. Indemnity.– No suit, prosecution or other proceedings shall lie against th e
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. Ordinance to override ot her laws .– The provisions of this Act shall have
effect notwithstanding anything contained in any other law for the time being in force.
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 fo rfeited
under this Act; and
(b) terms and conditions of Special Prosecutors.
78. Repeal and saving .– (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;
(c) affect any penalty, forfeiture or punishment incurred in respect of any
offence committed against 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.

7Added by the Control of Narcotic Substances (Amendment) Ordinance, 2000 (LXVI of 2000) w.e.f.23.12.2000; and published
in Gazette of Pakistan), part-I s.3.
THE SCHEDULE
[See Section 2 (za)]
PSYCHOTROPIC SUBTANCES
International non-
proprietary names
Other non-
proprietary or trivial
names
Chemical Name
1 2 3
1. AMFETAMINE amphetamine (+/-) -a-methylphenethylamine.
2. AMOBARBITAL 5-ethyl-5-barbituric acid.
3. ALLOBARBITAL 5,5-daillylabarturic acid.
4. ALPRAZOLAM 8-chloro-1-methyl-6-phenyl-4H-s-
triazolo[4,3-a] [1,4]
benzodiazepine.
5. AMFEPRAMONE 2-(diethylamino) propiophenone.
6. BROLAMFETAMINE DOB (+/-)-4-bromo-2,5-dimethoxy-a-
methylphenethylamine.
7. BUPRENORPHINE 21-cyclopropyl-7-a-[(S)-1-hydroxy-
1,2,2-trimethylpropyl]-6,14-endo-
ethano-6,7,8,14-
tetrahydrooripavine.
8. BUTALBITAL 5-allyl-5-isobutylbarbituric acid.
9. BARBITAL 5,5-diethylbarbituric acid.
10. BENZFETAMINE benzphetamine N-benzyl-N,a-
dimethylphenethylmine.
11. BROMAZEPAM butobarbital 7-bromo-1,3-dihydro-5 (2-pyridyl)
2H-1, 4 -benzodiazepin-2-one, 5 -
butyl-5-ethylbarbituric acid.
12. CATHINONE DET
DMA
(-)-(S)-2 aminopropiophenone.
3-[2-(diethylamino) ethyl] indole.
(+/-)2,5-dimethoxy-a-
methylphenethylamine.
DMHP 3-(1,2-dimethyheptyl)-7,8,9,10-
tetrahydro-6,6,9-trimethyl-6H-
dibenzo [b,d] pyran-1-01.
13. CATHINE (+)-norpseudo
ephedrine.
[DMT
[DOET
(+)-(R)-a-[(RO-1-aminoethyl]
benzylalcohol.
3-[2-dimethylamino)ethyl] indole.
(+/-)-4-ethyl-2,5-dimethoxy-a-
phenethly-amine.
14. CYCLOBARBITAL 5-(l-cychlohexen-l-yl)-5-
ethylbarbituric acid.
15. CAMAZEPAM 7-chloro-1,3-dihydro-3-hydrosy-1-
methyl-5-phenyl-2H 1,4-
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.
18. CLONAZEPAM 5-(O-chlorophgenyl)-1,3-dihydro-7-
mitro-2H-1,4-benzodiazpine-2-
one.
19. CLORAEPATE 7-chloro-2,3-dihydro-2-oxo-5-
phenyl-1H-1-4-benzodiazepine-3-
carbxylic 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-11b-(O-chlorophenyl)-2-
3,7,11b-tetraphydrooxazolo [3,2 -
d][1,4]benzodiazepin-6(5H)-one.
22. DEXAMPHETAMINE 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 l-chloro-3-ethyl-1-penten-4yn-3-01.
27. ETHYL
LOFLAZEPATE
ethyl7-chloro-5-(0-flurophenyl)-2,3-
dihydro-2-oxo-1H-1,4-
benzodiazepine-3-carboxylate.
28. ETILAMFETAMINE N-ethylam-petamine N-ethyl-a-methylphenethylamine.
29. ETHINAMATE 1-eithynycychlohexanol-
carbamate.
30. ETICYCLIDINE PCE N-ethyl-1-
phenylcychlohexylamine.
31. FENETYLINE 7-[2-[a-methlyphenthyl)amino]
ethyle] theophylline.
32. FENCAMFAMIN N-ethyl-3-pheny 1 -2-
norbornanamine.
33. FENPROPOREX (+/-)-3-[(a-methylphenthyl) amino]
propionitrile.
34. FLUDIAZEPAM 7-chloro-5-(0-fluoropophenyl)-1,3-
dihydro-1-methyl-2H-1,4-
benzodiazepin-2-one.
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. GLUTETHIMIDE 2-ethyl-2-phenylglutarimide. 4 -
benzodiazepin-2-one.
38. HALAZEPAM 7-chloro-1,3-dihydro-5-phenyl-
1(2,2,2-trifluoroethyyl)-2H-1,4-
benzodiazepin-2-one.
39. HALOXAZOLAM 10-bromo-11b(0-fluorophenyl)-
2,3,7,11b-tetrahydrooxazolo [3,2 -
d][1,4] benzodiazepine-6(5H)-one.
40. KETAZOLAM 11-chloro-8,12b-dihydro-2,8-
dimethyl-12b-phenyl-4H-
[1,3]oxazino[3,2,-
d][1,4]benzodiazepine-4,7(6H)-
clione.
41. (+)-LYSERGIDE LSD,
LSD-25
MDMA
Mescaline
4-methyla-
minorex
MMDA

N-ethyl

N-hydroxy

MDA
Parahexyl

PMA
psilcine,
psilotsin
9,10-didehydro-N,dietyl-6
methylergoline-8B-Carboxamide.
(+/-)-N,a-demethyl-3,4-
(methylinendioxy)phenethylamine.
3,4,5-trimethoxyphenethylamine.
(+/-)-cis-2-amno-4-methyl-5-
phenyl-2-oxazoline.
2-methoxy-a-methyl-4,5-
(methylylenedioxy)
phyenthylamine.
(+/-)-N-ethyl-a-methyl-3-4-
methylendedioxy) phenethylamine.
(+/-)-N-[a-methyl-3,4-
(methylendedioxy)
phenethyl]hydroxylamine.
3-hexyl-7,8,9,10-tetrahydro-6,6,9-
trimethyl-6H-dibenzo [b,d] pyran-1-
01.
p-methoxy-
amethylphenethylamine.
3-[2-(dimethylamino) ethyl] indol-4-
01.
42. LEFETAMINE SPA (-)-N,N-dimethyl-1,2
diphenylethylamine.
43. LOPRAZOLAM 6-(0-chlorophenyl)-2,4-dihydro-2-
[(4-methyl-1-peperazinyl)
methylene]-8-nitro-1H-imidazo[1,2-
a][1,4] benzodiazepin-1-one
44. LOPRAZEPAM 7-chloro-5-(0-chlorophenyl)-1,3-
dihydro-3-hydroxy-2H-1,4-
benzodiazepin-2-one.
45. LORMETAZEPAM 7-chloro-5-(0-chlorophenyl)-1,3-
dihydro-3-hydroxy-1-methyl-2H-
1,4-benzodiazepine-2-one.
46. LEVAMFETAMINE levamphe-
tamine
levometh-
amphetamine
(-)(R)-a-
methylphetyphenethylamine.
(-)-N,a-dimethylphenethylamine.
47. METAFETAMINE metham- (+)-(S)-N,a-dimethylphethylamine.
phetamine
48. METAFETAMINE
RACEMATE
methafetamine
reecemate
(+/-)-N,a-dimethylphethylamine.
49. METHYLPHENIDATE Methyl a-phenyl-2-
piperidinoacetate.
50. MEPROBAMATE 2-methyl-2-propyl-1,3-propanediol
dicarbamate.
51. METHAQUALONE 2-methyl-3-0-tolyl-4(3H)-
quinazolinone.
52. METHYLPHENOBA
RBITAL
5-ethyl-1-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-1-methyl-5-
phenyl-1H-1,4-benzodiazepine.
56. MEFENOREX N-(3-chloropropyl)-a-
methylphenethylamine.
57. MIDAZOLAM** 8-chloro-6-(0-fluorophenyl)-1-
methyl-4H-imidazo[1,5-
a][1,4]benzodiazepine.
58. NIMETAZEPAM 1,3-dihydro-1-methyl-7-nitro-5-
phenyl-2H-1,4-benzodiazepine-2-
one.
59. NITRAZEPAM 1,3-dihydro-7-nitro-5-phenyl-2H-
1,4-benzodiazepin-2-one.
60. NORDAZEPAM 7-chloro-1,3-dihydro-5-phenyl-2H-
1,4-benzdiazepin-2-one.
61. OXAZEPAM 7-chloro-1,3-dihydro-5-phenyl-2H-
1,4-benzdiazepin-2-one.
62. OXAZOLAM 10-chloro-2,3,7,11b-tetrahydro-2-
methyl-11b-phenyloxazolo [3,2 -
d][1,4]bezodiazepin-6-(5H)-one.
63. PHENCYCLIDINE PCP 1-(1-phencylcychlohenxyl)
piperidine.
64. PENTAZOSINE (2R,6R,11R)-1,2,3,4,5,6-
hexahydro-6,11-dimethyl1-3-(3-
methyl-2-butenyl)-2,6-methono-3-
benzazocin-8-01.
65. PHENMETRAZINE 3-methyl-2-phenylmorpholine.
66. PENTOBARBITAL 5-ethyl-5-(1-methylbutyl)barbituric
acid.
67. PHENOBARBITAL 5-ethl-5-phenyl barbituric acid.
68. PIPRADROL a,a-diphenyl-2-piperidinemethanol.
69. PSILOCYBINE 3-(2dimethylamino)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-1-cyclopropylmethyl)-1,3-
dihydro-5-phenyl-2H-1,4-
benzodiazepin-2-one.
74. PRAZEPAM 7-chloro-1-cyclopropylmethyl)-1,3-
dihydro-5-phenyl-2H-1,4-
benzodiazepin-2-one.
75. PYROVALERONE 4-methyl-2-(1-pyrrolidinyl)
valerophenone.
76. POLICYCLIDINE PHP,PCPY
STP,DOM
1-(1-phenylcyclohexyl)pyrrolidine
2,5-dimethoxy-a,4-
dimethylphenethylamine.
77. SECOBARBITAL
Delta-9-
Tetrahydrocannabinol
and itsstero -chemical
variants.
5-allyl-5-(1-methylbutyl)barbituric
acid.
(6aR,10aR)-6a,7,8, 10a -
tetrahydro-6,6,9-trimethyl-3-pentyl-
6H-dibenzo [b,d] pyran-1-01.
78. SECBUTABARBITAL 5-see-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-(1-cyclohexen-1-yl)-1,3-
dihydro-1-methyl-2H-1,4-
benzodiazepin-2-one.
81. TRIAZOLAM 8-chloro-6-(0-chlorophenyl)-1-
methyl-4H-s-
trizazolo[4,3a][1,4]benzodiazepine.
82. TENAMFETAMINE MDA a-methyl-3,4-(methylenedioxy),
phenethylamine.
83. TENOCYCLIDINE TCP 1-[1-(2-thienyl)clohexyl] piperidine.
tetrahydrocannabinol the
following isomer s 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,10aR)6a,9,10a-
tetrahydor-6,6,9-trimethyl-3-
pentyl-6H-dibenzo[b,d] pyran -1-
01.
(6aR,9R,10aR)-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.
(6aR, 10aR) -6a,7,8,9,10,10a-
hexahydro-6,6,9-trimethyl-3-
pentyl-6H-dibenzo[b,d] pyran -1-
01.
84. VINYBITAL 5-(1-methylbutyl)-vinylbarbituric
acid.
85. MECLOQUALONE 3-(0-chlorophenyl)-2-methyl-
4(3H)-quinazolinone.

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Companies Ordinance, 1984 (Repealed by Act XIX of 2017)

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ing the affairs or keeping the accounts of an accused; (iii) any association of persons, body of individuals, firm or private limited company within the meaning of Companies Ordinance, 1984 (XLVII of 1 984), 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 p

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available before it. (3) Where any shares in a company are forfeited to the Federal Government under sub -section (2), notwithstanding anything contained in t he 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 Federal Government. 40. Forfeiture of assets of person convicted abroad

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Prohibition (Enforcement of Hadd) Order, 1979 · Federal
PROHIBITION (ENFORCEMENT OF HADD) ORDER, 1979 · Punjab

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person through an act or omission relating to narcotic substances which consti tutes 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), or 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 repe

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Code of Criminal Procedure (CrPC), 1898 (Under Review)

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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 sear

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e handed over to the owner.] (4) A narcotic drug, psychotropic substance or controlled substance seized under this Act shall be disposed of under section 516A of the Code of Criminal Procedure, 1898 (Act V of 1898). 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 institut

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y Judicial Magistrate of the First Class. 47. Application of the Code of Crimin al 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 t rials and appeals before a special Court under this Act. 48. Appeal.– (1) An appeal

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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 subst ances, any material utensils used for production or m

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QANUN-E-SHAHADAT ORDER, 1984

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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 Order, 1984, be admissible in the evidence-gathering proceedings, and be determinative 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 lawfu

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Control of Narcotic Substances Act (CNSA), 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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Cannabis Control and Regulatory Authority Act, 2024

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but not defined herein shall have the same meanings as assigned to them in the Drugs Act, 1976 (XXXI of 1976), the Anti-Narcotics Force Act, 1997 (III of 1997), the Control of Narcotic Substances Act, 1997 (XXV of 1997), the Drug Regulatory Authority of Pakistan Act, 2012 (XXI of 2012), or any other law for the time being in force. 3. Establishment of the Authority. —(1)On the commencement of this Act, there shall stand es

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f its powers of inspection under this section. 25. Application of Act No. XXV of 1997. —For trial of criminal of fences committed under this Act, the provisions of Control of Narcotic Substances Act, 1997 (XXV of 1997), and any other law for the time being in force shall apply mutatis mutandis. 26. Penalty for default or contravention. —Any person who acts in contravention of any provision of this Act or the rules and regu

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person as required by law. (2) The Anti-Narcotics Force shall be competent to enter any place for inspection under the Anti- Narcotics Act, 1997 (III of 1997) and the Control of Narcotic Substances Act, 1997 (XXV of 1997) or any other law for the time being in force. 31. Power to make rules.—(1) On the commencement of this Act, within six months, the Federal Government may, on the recommendation of the Authority, by notifica

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vided in this Act, noting in this Act shall curtail or deemed to affect or curtail the powers of the force under the Anti -Narcotics Act, 1997 (III of 1997) and the Control of Narcotic Substances Act, 1997 (XXV of 1997) or any other law for the time being in force. 35. Removal of difficulties.—If any difficulty arises in giving effect to or applying the provisions of this Act, the Federal Government may make such order, not i

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Islamabad Capital Territory Charities Registration, regulation and Facilitation Act, 2021

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), the Copyright Ordinance, 1962 (XXXIV of 1962), the Pakistan Arms Ordinance, 1965 (W.P. Ord. No. XX of 1965), the Emigration Ordinance, 1979 (XVIII of 1979), the Control of Narcotic Substances Act, 1997 (XXV of 1997), the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997), the National Accountability Ordinance, 1999 (XVIII of 1999), the Registered Des igns Ordinance, 2000 (XLV of 2000), the Trade Marks Ordinance,

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PUNJAB DESTITUTE AND NEGLECTED CHILDREN ACT 2004

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he Punjab Land Revenue Act, 1967 (XVII of 1967);] (o) “Member” means Member of the Board; (p) “narcotic drug” means any article defined as “narcotic drug” in the Control of Narcotic Substances Act, 1997 (XXV of 1997); (q) “prescribed” means prescribed by the rules; (r) “prostitution” means illegal sexual intercourse for hire, whether for money or kind; (ra) 6 [“protection” means she lter, maintenance, education, healt

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PUNJAB CONTROL OF NARCOTIC SUBSTANCES ACT 2025

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this Act]; (q) ―conveyance‖ means a conveyance of any des cription whatsoever and includes, any aircraft, vehicle, vessel, railways or animal; (r) ―CNSA‖ means the Control of Narcotic Substances Act, 1997 (XXV of 1997); (s) ―Department‖ means the Excise, Taxation and Narcotics Control Department; (t) ―Director Ge neral‖ means the Director General (Narcotics Control ) under this Act and he will be also act as Commander

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References to provisions in this text 57

Section 4

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n 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 contraventi

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Section 10

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ention 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. Punishmen

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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 16. Punishment for offence for which no punishment is provided 17. Obstructions to officers 18. Limi

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Section 14

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offences 13. Punishment for contravention of section 12 14. Prohibition on aiding, abetment or association in narcotic offences 15. Punishment for contravention of Section 14 16. Punishment for offence for which no punishment is provided 17. Obstructions to officers 18. Limit of fine, etc 19. Forfeiture of assets of an offender CHAPTER III SEARCH AND INVESTIGATION 20. Power to issue warr

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Section 46

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eal descendant of the accused and includes any other person holding property, for or on his behalf. (zc) “Special Court” mea ns the Special Court established under section 46 or any other Court 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 in cludes determi

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Section 2

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make rules prescribing the methods by which percentages in t he 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

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Section 4

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ivation or gathering of any such narcotic plant or any portion thereof exclusively for medical, scientific or industrial purposes. 5. Punishment for contravention of section 4 .– Whoever contravenes the provisions of section 4 shall be punishable with imprisonment which may extend to seven years, or with fine, or with both. 6. Prohibition of possession of narcotic drugs etc .– No one shall produ

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Section 4

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y portion thereof exclusively for medical, scientific or industrial purposes. 5. Punishment for contravention of section 4 .– Whoever contravenes the provisions of section 4 shall be punishable with imprisonment which may extend to seven years, or with fine, or with both. 6. Prohibition of possession of narcotic drugs etc .– No one shall produce, manufacture, extract, prepare, possess, offer f

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Section 6

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mitting or attempt to commit an offence punishable under this Act. 9. Punishment for contravention of sections 6, 7 and 8 .– Whoever contravenes the provisions of section 6, 7 or 8 shall be punishable with– (a) imprisonment which may extend to two years, or with fine, or with both, if the quantity of the narcotic drug, psychotropic substance or controlled substance is one hundred grams or less

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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

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Section 10

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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 acquisit

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Section 12

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, source , location, disposition, movement, title, or ownership of such assets by making false declaration in relation thereto. 13. Punishment for contravention of section 12 .– Whoever contravenes the provisions of section 12 shall be punishable with imprisonment w hich 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 th

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Section 12

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r ownership of such assets by making false declaration in relation thereto. 13. Punishment for contravention of section 12 .– Whoever contravenes the provisions of section 12 shall be punishable with imprisonment w hich 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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lled substances having all the legal or analogous conditions required to constitute it as an offence punishable under this Act. 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

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Section 14

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ates 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 participation, association, conspiracy, aid, abetment, facilitation, incitement, inducement or counseling, a nd notwithstanding anything contained in

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Section 13

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opic 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 and sentences him to imprisonment for a term exceeding three years, the Court shall also order that his assets derivable from trafficking

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Section 21

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een 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 Gove

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Section 21

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oposed 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,

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Section 19

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ic conveyance, hotel, shop or any oth er place intended for use by, or accessible to, the public. 23. Power to stop and search conveyance.– An officer referred to in section 19, 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

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Section 103

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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 section

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Section 20

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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 o

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Section 21

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ssued 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 o

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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 w arrant 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

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Section 20

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w arrant 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 forw

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Section 21

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d 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

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Section 21

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e; 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 authorized under section 21 may, during the course of an enquiry in connection with the contravention of any provision of this Act,– (a) call for information from an y person for the purpose of satisfying himself whether there has been any contraven

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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 th at no ord

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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 authorized under section 21 an offence is being or has been committed, he may freeze the assets of such accused and within seven days of the freezing shall place befor e the Court the material on the basis of which the freezing was made and further co

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Section 21

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nable suspicion exists about any person that he has acquir ed assets through illicit involvement in narcotics, within or without Pakistan, an officer empowered under section 21 or any other person authorized under section 37, shall proceed to trace and identify such assets. (2) On receipt of authenticated informat ion from a foreign Court of competent jurisdiction that citizen of Pakistan has been

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Section 37

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has acquir ed assets through illicit involvement in narcotics, within or without Pakistan, an officer empowered under section 21 or any other person authorized under section 37, shall proceed to trace and identify such assets. (2) On receipt of authenticated informat ion from a foreign Court of competent jurisdiction that citizen of Pakistan has been charged for an offence which is also an offen

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Section 21

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foreign Court of competent jurisdiction that citizen of Pakistan has been charged for an offence which is also an offence under this Act, an officer empowered under section 21 or any other person authorized under section 37 shall proceed to trac e 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

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Section 37

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tizen of Pakistan has been charged for an offence which is also an offence under this Act, an officer empowered under section 21 or any other person authorized under section 37 shall proceed to trac e 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

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Section 13

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ct 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 acti on under this Act or any other law for the time being in force is initiated and in case the person who has committed the offence is outside Pakistan, before the High Court for the purpose of forf

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Section 19

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sion 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 acti on under this Act or any other law for the time being in force is initiated and in case the person who has committed the offence is outside Pakistan, before the High Court for the purpose of forfeiture of asset

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Section 40

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g in force is initiated and in case 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 t o 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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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 more than three years, the Director -General or an officer authorized by him may request the said Court by an application in writing along with a list of the assets of the convict or, as

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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 are liable to be forfeited under section 19, it may order that such assets shall stand forfeited to the Federal Government: Provided that no order under this section shall be made without issuing a notice to show cause and

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Section 19

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t any assets specified in the list referred to in sub-section (1) were derived, generated or obtained in contravention of section 12 are liable to be forfeited under section 19, it may order that such assets shall stand forfeited to the Federal Government: Provided that no order under this section shall be made without issuing a notice to show cause and providing a reasonable opportunity of being

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Section 37

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ans the High Court of the Province where the assets or any part thereof are located. 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 va cated be void, and if s

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Section 40

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Court of the Province where the assets or any part thereof are located. 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 va cated be void, and if such asset is

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Section 37

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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 pro

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Section 40

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e 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

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Section 39

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term which may extend to three years and with fine. 43. Power to take possessi on.– (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 authorized by the Special Court in this be

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Section 44

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nder 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 authorized 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 wit h a direction issued under sub-section (1), the Special Court

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Section 45

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nother 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 section 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 Spec

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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 authorized by the Federal Government under sub -section (3) of section 56 may request the foreign State to– (a) have evidence taken, or documents or other articles produced; (b) obtain and execute search warrants or other lawful instruments authorizing a search for things relevant to investigatio

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Section 37

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dings 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

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Section 33

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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 ev

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Section 39

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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 disp

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Section 57

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requests for assistance .– (1) The Federal Government may authorized the giving of mutual legal assistance to a foreign State of a kind similar to that specified in section 57 in investigations commenc ed 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 o

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Section 60

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rant .– (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 60 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 authorized by him may apply to the High Court for– (a) a search warrant; or (b) an evid

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Section 62

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ary 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 62, 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) sh

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Section 66

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ers .– (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 66 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 whi

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Section 38

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feiting such assets, this ordinance 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 orders .– (1) This section does not apply to cases falling within section 40 of this Act. (2) Where a foreign State reques ts the Federal Government to m

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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 orders .– (1) This section does not apply to cases falling within section 40 of this Act. (2) Where a foreign State reques ts the Federal Government to make arrangements for the enforcement of a – (a) foreign restraining order; or (b) foreign forfeiture order,

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Section 33

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ed or any of his associate or relative or any private individual till the conclusion of the case 7 [except as provided in the second proviso to sub-suction (2) of section 33]. 75. Indemnity.– No suit, prosecution or other proceedings shall lie against th e Federal Government or Provincial Government or any officer of the Federal Government or of a Provincial Government for anything in good fait

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Section 2(za)

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he Control of Narcotic Substances (Amendment) Ordinance, 2000 (LXVI of 2000) w.e.f.23.12.2000; and published in Gazette of Pakistan), part-I s.3. THE SCHEDULE [See Section 2 (za)] PSYCHOTROPIC SUBTANCES International non- proprietary names Other non- proprietary or trivial names Chemical Name 1 2 3 1. AMFETAMINE amphetamine (+/-) -a-methylphenethylamine. 2. AMOBARBITAL 5-ethyl-5-barb

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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, 1997

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ale proceeds shall be handed over to the owner.] (4) A narcotic drug, psychotropic substance or controlled substance seized under this Act shall be disposed of under section 516A of the Code of Criminal Procedure, 1898 (Act V of 1898). 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 institut

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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, 1997

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e 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 subst ances, any material utensils used for production or m

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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