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  "title": "CONTROL OF NARCOTIC SUBSTANCES ACT, 1997",
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  "text": "THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997 \r\n(XXV of 1997) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title and commencement \r\n2. Definitions \r\n3. Calculation of percentages in liquid preparations \r\nCHAPTER II \r\nPROHIBITION AND PUNISHMENT \r\n4. Prohibition of cultivation of narcotic plants \r\n5. Punishment for contravention of section 4 \r\n6. Prohibition of possession of narcotic drugs etc \r\n7. Prohibition of import or export of narcotic drugs, etc \r\n8. Prohibition on trafficking or financing the trafficking of narcotic drugs \r\netc \r\n9. Punishment for contravention of sections 6, 7 and 8 \r\n10. Prohibition on owning, operating premises or machinery for \r\nmanufacture of narcotic drugs, etc \r\n11. Punishment for contravention of section 10 \r\n12. Prohibition of acquisition and possession of assets derived from \r\nnarcotic offences \r\n13. Punishment for contravention of section 12 \r\n14. Prohibition on aiding, abetment or association in narcotic offences \r\n15. Punishment for contravention of Section 14 \r\n16. Punishment for offence for which no punishment is provided \r\n17. Obstructions to officers \r\n18. Limit of fine, etc \r\n19. Forfeiture of assets of an offender \r\nCHAPTER III \r\nSEARCH AND INVESTIGATION \r\n20. Power to issue warrants \r\n21. Power of entry, search, seizure and arrest without warrant \r\n22. Power to seizure and arrest in public places \r\n23. Power to stop and search conveyance \r\n24. Undercover and controlled delivery operations \r\n25. Mode of making searches and arrest \r\n26. Punishment for vexatious entry, search, seizure or arrest \r\n27. Disposal of persons arrested and articles seized \r\n28. Powers to invest officers of law enforcement agencies with powers of an \r\nofficer-in-charge of a police station \r\n29. Presumption from possession of illicit articles \r\n30. Presumption as to documents in certain cases \r\n31. Power to call for information \r\n32. Articles connected with narcotics \r\n33. Procedure for making confiscation \r\n34. Federal Narcotics Testing Laboratory, etc \r\n35. Government Analyst \r\n36. Reports of Government Analysts \r\nCHAPTER IV \r\nFREEZING AND FORFEITURE OF ASSETS \r\n37. Freezing of assets, etc \r\n38. Tracing of assets \r\n39. Order for forfeiture of assets \r\n40. Forfeiture of assets of person convicted abroad \r\n41. Prohibition of alienation of freezed property \r\n42. Punishment for acquiring property in relation to which proceedings have \r\nbeen taken under this Act \r\n43. Power to take possession \r\n44. Management of assets frozen or forfeited under the Act \r\nCHAPTER V \r\nSPECIAL COURTS \r\n45. Jurisdiction to try offences \r\n46. Establishment of Special Courts \r\n47. Application of the Code of Criminal Procedure, 1898 \r\n48. Appeal \r\n49. Transfer of cases \r\n50. Special Prosecutor \r\n51. No bail to be granted in respect of certain offences \r\nCHAPTER VI \r\nTREATMENT AND REHABILITATION OF ADDICTS \r\n52. Registration of addicts \r\n53. Powers of the Government to establish centers for treatment of addicts \r\nCHAPTER VII \r\nNATIONAL FUND FOR CONTROL OF DRUG ABUSE \r\n54. National fund for control of drug abuse \r\n55. Annual Report of the activities financed out of the fund \r\nCHAPTER VIII \r\nINTERNATIONAL CO-OPERATION \r\n56. Authority to make and act on mutual legal assistance requests \r\n57. Mutual legal assistance requests by Pakistan \r\n58. Foreign requests for assistance \r\n59. Foreign requests for an evidence-gathering Order or a search warrant \r\n60. Foreign requests for assistance from detained persons \r\n61. Foreign persons in Pakistan in response to a Pakistan request \r\n62. Foreign requests for Pakistan restraining orders \r\n63. Requests for enforcement of foreign confiscation or restraining orders \r\n64. Requests to recover foreign fines \r\n65. Sharing forfeited property with foreign States \r\n66. Extradition \r\nCHAPTER IX \r\nGENERAL \r\n67. Reporting of suspicious financial transactions \r\n68. Presumption to the assets acquired through dealing in narcotics \r\n69. Departments to render assistance to the Special Courts, etc \r\n70. Notice or order not to be invalid for error in description \r\n71. Delegation \r\n72. Application of the Customs Act, 1969 \r\n73. Saving of Provincial and special laws \r\n74. Application of other laws \r\n75. Indemnity \r\n76. Ordinance to override other laws \r\n77. Power to make rules \r\n78. Repeal and saving \r\nTHE SCHEDULE \r\nTEXT \r\nTHE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997 \r\n(XXV of 1997) \r\n[11th July, 1997] \r\nAn \r\nAct \r\nto consolidate and amend the laws relating to narcotic drugs and psychotropic \r\nsubstances  \r\nWHEREAS it is expedient to consolidate and amend the laws relating  to \r\nnarcotic drugs, psychotrolpic substances, and control the production, processing and \r\ntrafficking of such drugs and substances; \r\nAND WHEREAS it is expedient to regulate the treatment and rehabilitation of \r\nnarcotic addicts and for matters connected therewith and incidental thereto;  \r\nIt is hereby enacted as follows:– \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title and commencement .– (1) This Act may be called the Control of \r\nNarcotic Substances Act, 1997. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) “addict” means a perso n physically or mentally depende nt on any \r\nnarcotic drug or psychotropic substance or a person who habitually \r\nuses narcotic drugs or psychotropic substances; \r\n(b) “assets” means any property owned, controlled or belonging to an \r\naccused, whether directly or indirectly, or in the name of his spouse or \r\nrelatives or associates whether within or without Pakistan for which \r\nthey cannot reasonably account;  \r\n(c) “associate”, in relation to an accused, means– \r\n(i) any individual who is, or has, at the relevant time been ordinarily \r\nresiding in the residential  premises, including out -houses and \r\nservant-quarters of an accused; \r\n(ii) any indiv idual who, is or has, at the relevant time been \r\nmanaging the affairs or keeping  the accounts of an accused; \r\n(iii) any association of persons, body of individuals, firm or private \r\nlimited company within  the meaning of Companies Ordinance, \r\n1984 (XLVII of 1 984), of which an accused is, or has, at the \r\nrelevant time, been a member, partner or director; \r\n(iv) any individual who is, or has been at the relevant time a \r\nmember, partner or director of  any association of persons, body \r\nof individuals, firm or a privat e limited co mpany referred to in \r\nsub-clause (iii);  \r\n(v) a trustee of any trust created by an accused; or \r\n(vi) where the Special Court, for reasons to be recorded, considers \r\nthat any property of an accused is held on his behalf by any \r\nother person, such other person; \r\n(d) “cannabis (hemp)” means– \r\n(i) cannabis resin ( charas) that is, the separated resin, whether \r\ncrude or purified, obtained  from the cannabis plant and also \r\nincludes concentrated preparation and resin known as hashish \r\noil or liquid hashish;  \r\n(ii) the flowering or fruiting tops of the cannabis plant (excluding the \r\nseed and leaves when not accompanied by the tops) from which \r\nthe resin has not been extracted, by whatever name  they may \r\nbe designated or known; and \r\n(iii) any mixture with or without ne utral materials of any of the above \r\nforms of cannabis or  any  drink prepared therefrom; \r\n(e) “cannabis plant” means any plant of the genus cannabis; \r\n(f) “coca bush” means the plant of any species of the genus Erythroxylon; \r\n(g) “coca derivative” means– \r\n(i) crude cocaine, that is , any extract of coca leaf which can be \r\nused, directly or indirectly, for  the  manufacture or production of \r\ncocaine; \r\n(ii) ecgonine, that is, leavoecgonine having the chemical formula \r\nC9H15NO3H2O and all  chemical  derivatives of leav o-ecgonine \r\nincluding benzoylecgonine from which it can be recovered;  \r\n(iii) cocaine, that is, methyl -benzoyl-leave-ecgonine having the \r\nchemical formula C17H21NO4 and its salts; and \r\n(iv) all preparations containing more than 0.1 percent of cocaine; \r\n(h) “coca leaf” means– \r\n(i) the leaf of the coca bush except a leaf from which all ecgonine, \r\ncocaine or any other ecgonine alkaloids have been removed; \r\n(ii) any mixture thereof, with or without neutral material, but does \r\nnot include any preparation containing not m ore than 0.1 \r\npercent of cocaine; \r\n(j) “controlled delivery” means the technique of allowing illicit or suspect \r\nconsignments of  narcotic drugs, psychotropic substances or chemical \r\nprecursors to pass out of, through or into Pakistan, with the knowledge \r\nand u nder the supervision of the Federal Government with a view to \r\nidentifying persons involved in the commission of offences cognizable \r\nunder this Act; \r\n(k) “controlled substance” means any substance which may be used for \r\nthe production or manufacture of narcot ic drugs or psychotropic \r\nsubstance; \r\n(l) “conveyance” means a conveyance of any description whatsoever and \r\nincludes, any aircraft, vehicle, vessel, railways or animal; \r\n(m) “Director-General” means Director -General of the Anti -Narcotics Force \r\nor any other of ficer appointed by the Federal Government to perform \r\nthe duties and functions of the Director-General under this Act; and \r\n(n) “foreign court” means a court of competent jurisdiction of a foreign \r\ncountry recognized by the Federal Government from time to time; \r\n(o) “freezing” means prohibiting by an order made by the Special Court or \r\nan officer authorized under this Act the transfer, conversion, disposal or \r\nmovement of any assets and includes the holding, controlling, \r\nassuming custody or managing any assets in  pursuance of such order \r\nand, in the case of assets which are perishable the disposal thereof; \r\n(p) “manufacture”, in relation to narcotic drugs or psychotropic substances, \r\nincludes– \r\n(i) all processes by which such drugs or substances may be \r\nobtained; \r\n(ii) refining of such drugs or substances; \r\n(iii) transformation of such drugs or substance; and \r\n(iv) making or preparing such drugs or substance; \r\n(q) “manufactured drug” includes– \r\n(i) all coca derivatives, medicinal hemp, opium derivatives, \r\ncannabis in any form and any  mixture of stalks and flowering or \r\nfruiting tops of the Indian hemp plant (cannabis sativa L.), Acetic \r\nAnhydride; and \r\n(ii) any other narcotic substance which the Federal Government \r\nmay, by notification in the  official Gazette made in pursuance o f \r\nrecommendations of any International Convention or otherwise, \r\ndeclare to be a manufactured drug; \r\n(r) “medicinal hemp” means any extract or tincture of hemp; \r\n(s) “narcotic drug” means coca leaf, cannabis, heroin, opium, poppy straw \r\nand all manufactured drugs; \r\n(t) “opium” means– \r\n(i) poppy straw, that is to say, all parts of the poppy plant (Papaver \r\nsomniferumor any other species of Papaver) after mowing, other \r\nthan the seeds, \r\n(ii) the spontaneously coagulated juice of capsules of poppy which \r\nhas not been su bmitted to   any manipulations other than those \r\nnecessary for packing and transport; and  \r\n(iii) any mixture, with or without natural materials, of any of the \r\nabove forms of opium, but  does not include any preparation \r\ncontaining not more than 0.2 percent of morphine;  \r\n(u) “opium derivative” includes– \r\n(i) medicinal opium, that is, opium which has undergone the \r\nprocess necessary to adapt it for medicinal use; \r\n(ii) prepared opium, that is, any product of opium obtained by any \r\nseries of operations designed to t ransform opium into an extract \r\nsuitable for smoking, and the dross or other residue remaining \r\nafter opium is smoked; \r\n(iii) morphine, that is, the principal alkaloid of opium having the \r\nchemical formula  C17H19NO3and its salts;  \r\n(iv) diacetylmorphine, that is, the semi synthetic substance, also \r\nknown as diamorphine or  heroin, having the chemical formula \r\nC21H23NO5 and its salts; and \r\n(v) all preparations containing more than 0.2 percent of morphine or \r\ncontaining any diacetylmorphine; \r\n(v) “opium poppy” means the plant of the species Papaver Somniferum L; \r\n(w) “poppy straw” means all the parts, except the seeds, of the opium \r\npoppy after mowing; \r\n(x) “poppy straw concentrate” means the material obtained after the poppy \r\nstraw has been subjected to a process for the c oncentration of its \r\nalkaloids; \r\n(y) “prescribed” means prescribed by rules made under this Act; \r\n(z) “property” includes– \r\n(i) all forms of property, whether corporeal or incorporeal, movable \r\nor immovable, tangible or intangible, real estate or personal \r\nproperty of every description; \r\n(ii) property used to commit, or to abet the commission of, an \r\noffence punishable under this  Act; \r\n(iii) all kinds of shares or interest in any corporate body, company, \r\nfirm, business concern,  society or fund; and  \r\n(iv) all documents of title to lan d, goods or property, wherever \r\nsituated, money or valuable  security issued by the Government; \r\n(za) “psychotropic substance” means the substances, specified in the \r\nSchedule to this Act and such substances as the Federal Government \r\nmay, by notification in t he official Gazette, declare to be a psychotropic \r\nsubstance; \r\n(zb) “relative”, in relation to an accused, means the spouse or any lineal \r\ndescendant of the accused and includes any other person holding \r\nproperty, for or on his behalf. \r\n(zc) “Special Court” mea ns the Special Court established under section 46 \r\nor any other Court empowered to exercise the powers of the Special \r\nCourt under this Act; and \r\n(zd) “tracing” means the finding out the true nature, source, disposition, \r\nmovement or ownership of assets and in cludes determining the \r\nmovement or conversion of assets by any means, and “trace” shall be \r\nconstrued accordingly. \r\n3. Calculation of percentages in liquid preparations .– The Federal \r\nGovernment may make rules prescribing the methods by which percentages in t he \r\ncase of liquid preparations shall be calculated for the purposes of clauses (g),  (h), (t) \r\nand (u) of section 2: \r\n Provided that, unless and until such rules are made, such percentages shall \r\nbe calculated on the basis that a preparation containing one per cent of a substance \r\nmeans a preparation in which one gram of the substance, if a solid, or one milliliter of \r\nthe substance, if a liquid, is contained in every one hundred milliliters of the \r\npreparation, and so in proportion for any greater or less percentage. \r\nCHAPTER II \r\nPROHIBITION AND PUNISHMENT \r\n4. Prohibition of cultivation of narcotic plants .– No one shall cultivate any \r\ncannabis plant, coca bush or opium poppy, or gather any portion of a cannabis plant, \r\ncoca bush or opium poppy: \r\nProvided that the Federal Government or a Provincial Government authorized \r\nby the Federal  Government may, subject to such conditions as it may prescribe, \r\npermit under a licen ce cultivation or gathering of any such narcotic plant or any \r\nportion thereof exclusively for medical, scientific or industrial purposes. \r\n5. Punishment for contravention of section 4 .– Whoever contravenes the \r\nprovisions of section 4 shall be punishable with imprisonment which may extend to \r\nseven years, or with fine, or with both. \r\n6. Prohibition of possession of  narcotic drugs etc .– No one shall produce, \r\nmanufacture, extract, prepare, possess, offer for sale, sell, purchase, distribute, \r\ndeliver on any terms whatsoever, transport, dispatch, any narcotic drug, psychotropic \r\nsubstance or controlled substance, except for medical, scientific or industrial \r\npurposes in the manner and subject to such conditions as may be specified by or \r\nunder this Act or any other law for the time being in force.  \r\n7. Prohibition of import or export of narcotic drugs, etc.– (1) No one shall– \r\n(a) import into Pakistan; \r\n(b) export from Pakistan; \r\n(c) transport within Pakistan; or \r\n(d) tranship. \r\nany narcotic drug, psychotropic substance or controlled substance, save in \r\naccordance with rules made under sub -section (2) and in accordance with the \r\nconditions of any licence, permit or authorization for that purpose which may be \r\nrequired to be obtained under those rules. \r\n(2) The Federal Government may make rules permitting and regulating the \r\nimport into and export from Pakistan, transport within Pakistan  and transhipment of \r\nnarcotic drugs,  psychotropic substances or controlled substances, and such rules \r\nmay prescribe the ports or places at which any kind of narcotic drug, psychotropic \r\nsubstance or controlled substance may be imported, exported, transporte d within \r\nPakistan or transhipped, the form and conditions of license, permit or authorities by \r\nwhich such licences, permits or authorization may be granted, the fees that may be \r\ncharged therefore, any other matter required to have effective control of the Federal \r\nGovernment over such import, export, transportation and transhipment. \r\n8. Prohibition on trafficking or financing the trafficking of narcotic drugs \r\netc.– No one shall– \r\n(a) organize, manage, traffic in, or finance the import, transport, \r\nmanufacturing or  trafficking of, narcotic drugs, psychotropic \r\nsubstances or controlled substances; or \r\n(b) use violence or arms for committing or attempt to commit an offence \r\npunishable under  this Act. \r\n9. Punishment for contravention of sections 6, 7 and 8 .– Whoever \r\ncontravenes the provisions of section 6, 7 or 8 shall be punishable with– \r\n(a) imprisonment which may extend to two years, or with fine, or with both, \r\nif the quantity of the narcotic drug, psychotropic substance or controlled \r\nsubstance is one hundred grams or less;  \r\n(b) imprisonment which may extend to seven years and shall also be liable \r\nto fine, if the  quantity of the narcotic drug, psychotropic substance or \r\ncontrolled substance exceeds one hundred grams but does not exceed \r\none kilogram; \r\n(c) death or impri sonment for life, or imprisonment for a term which may \r\nextend to fourteen years and shall also be liable to fine which may be \r\nup to one million rupees, if the quantity of narcotic drug, psychotropic \r\nsubstance or controlled substance exceeds the limits spec ified in \r\nclause (b): \r\nProvided that if the quantity exceeds ten kilograms the punishment \r\nshall not be less than imprisonment for life. \r\n10. Prohibition on owning, operating premises or machinery for \r\nmanufacture of narcotic drugs, etc .– No one shall own, mana ge, operate or \r\ncontrol any premises, place, equipment or machinery for the purpose of manufacture \r\nor production of cannabis, cocaine, opium, opium derivatives, narcotic drugs, \r\npsychotropic substance or controlled substance save in accordance with the \r\nconditions of a licence and payment of such fees as may be prescribed. \r\n11. Punishment for contravention of section 10 .– Whoever contravenes the \r\nprovisions of section 10 shall be punishable with imprisonment which may extend to \r\ntwenty-five years but shall not be  less than ten years and shall also be liable to fine \r\nwhich shall not be less than one million rupees. \r\n12. Prohibition of acquisition and possession of assets derived from \r\nnarcotic offences.– No one shall knowingly– \r\n(a) possess, acquire, use, convert, assi gn or transfer any assets which \r\nhave been derived, generated or obtained, directly or indirectly, either \r\nin his own name or in the name of his associates, relatives or any other \r\nperson through an act or omission relating to narcotic substances \r\nwhich consti tutes an offence punishable under this Act, the Customs \r\nAct, 1969 (IV of 1969), the Prohibition (Enforcement of Hadd) Order, \r\n1979 (P.O. No. 4 of 1979), or under any other law for the time being in \r\nforce, or constituted an offence under any law repealed by this Act; the \r\nControl of Narcotic Substances Ordinance, 1996 (XCIV of 1996) or any \r\nother law repealed by this Act;  \r\n(b) hold or possess on behalf of any other person any assets referred to in \r\nclause (a); and  \r\n(c) conceal or disguise the true nature, source , location, disposition, \r\nmovement, title, or ownership of such assets by making false \r\ndeclaration in relation thereto. \r\n13. Punishment for contravention of section 12 .– Whoever contravenes the \r\nprovisions of section 12 shall be punishable with imprisonment w hich may extend to \r\nfourteen years but shall not be less than five years and shall also be liable to fine \r\nwhich shall not be less than the prevailing value of the assets and such assets shall \r\nalso be liable to forfeiture to the Federal Government. \r\n14. Prohibition on aiding, abetment or association in narcotic offences .– No \r\none shall, within or outside Pakistan, participate in, associate or conspire to commit, \r\nattempt to commit, aid, abet, facilitate, incite, induce or counsel the commission of an \r\noffence punishable under this Act. \r\nExplanation.– For the purpose of this section, a person shall be deemed to have \r\nassociated with, conspired, aided, abetted, facilitated, incited, induced or counseled \r\nan offence within the meaning of this section if he does anything  in a place beyond \r\nPakistan which– \r\n(a) would constitute an offence if committed within Pakistan; or \r\n(b) under the laws of such other place, is an offence relating  to narcotic \r\ndrugs, psychotropic substances or controlled substances having all the \r\nlegal or analogous conditions required to constitute it as an offence \r\npunishable under this Act. \r\n15. Punishment for contravention of section 14 .– Whoever participates in, \r\nassociates, conspires to commit, attempts to commit, aids, abets, facilitates, incites, \r\ninduces or counsels the commission of an offence in contravention of section 14 \r\nshall, whether such offence be or be not committed in consequence of such \r\nparticipation, association, conspiracy, aid, abetment, facilitation, incitement, \r\ninducement or counseling, a nd notwithstanding anything contained in section 116 of \r\nthe Pakistan Penal Code (Act XLV of 1860), be punishable with the punishment \r\nprovided for the offence or such lesser punishment as may be awarded by the Court. \r\n16. Punishment for offence for which no punishment is provided.– Whoever \r\ncontravenes any prevision of this Act or any rule or order made, or any licence, \r\npermit or authorisation issued here -under, for which no punishment is separately \r\nprovided in this Chapter, shall be punishable with imprisonment for a term which may \r\nextend to one year, or with fine which may extend to five thousand rupees, or with \r\nboth. \r\n17. Obstructions to officers .– Whoever hinders or obstructs any officer in the \r\nperformance of his functions under this Act or willfully furnish es to such officer any \r\ninformation, which is, to his knowledge or belief, false in material particulars shall be \r\npunishable with rigorous imprisonment for a term which may extend to three years, \r\nor with fine, or with both. \r\n18. Limit of fine, etc .– Where fo r any offence under this Act no amount of \r\nminimum fine has been fixed, the Special Court shall impose a fine keeping in view \r\nthe quality and quantity of the narcotic drug, psychotropic substance or controlled \r\nsubstance involved in the commission of such offence. \r\n19. Forfeiture of assets of an offender .– Notwithstanding anything contained in \r\nsection 13, where the Special Court finds a person guilty of an offence punishable \r\nunder this Act and sentences him to imprisonment for a term exceeding three years, \r\nthe Court shall also order that his assets derivable from trafficking in narcotic \r\nsubstances shall stand forfeited to the Federal Government unless it is satisfied, for \r\nwhich the burden of proof shall rest on the accused, that they or any part thereof, \r\nhave not been so acquired. \r\nCHAPTER III \r\nSEARCH AND INVESTIGATION \r\n20. Power to issue warrants .– (1) A Special Court may issue a warrant for the \r\narrest of any person whom it has reason to believe to have committed an offence \r\npunishable under this Act, or for the se arch, whether by day or by night, of any \r\nbuilding, place, premises or conveyance in which he has reason to believe any \r\nnarcotic drug, psychotropic substance or controlled substance in respect of which an \r\noffence punishable under this Act has been committed is kept or concealed. \r\n(2) The officer to whom a search warrant under sub -section (1) is \r\naddressed shall have all the powers of an officer acting under section 21. \r\n21. Power of entry, search, seizure and arrest without warrant.– (1) Where an \r\nofficer, not below the rank of Sub -Inspector of Police or equivalent authorized in this \r\nbehalf by the Federal Government or the Provincial Government, who from his \r\npersonal knowledge or from information given to him by any person is of opinion that \r\nany narcotic drug, ps ychotropic substance or controlled substance in respect of \r\nwhich an offence punishable under this Act has been committed is kept or concealed \r\nin any building, place, premises or conveyance, and a warrant for arrest or search \r\ncannot be obtained against such  person without affording him an opportunity for the \r\nconcealment of evidence or facility for his escape, such officer may,– \r\n(a) enter into any such building, place, premises or conveyance; \r\n(b) break open any door and remove any other obstacle to such entry  in \r\ncase of resistance; \r\n(c) seize such narcotic drugs, psychotropic substances and controlled \r\nsubstances and other materials used in the manufacture thereof and \r\nany other article which he has reason to believe to be liable to \r\nconfiscation under this Act an d any document or other article which he \r\nhas reason to believe may furnish evidence of the commission of an \r\noffence punishable under this Act; and \r\n(d) detain, search and, if he thinks proper, arrest any person whom he has \r\nreason to believe to have committe d an offence punishable under this \r\nAct. \r\n(2) Before or immediately after taking any action under sub -section (1), the \r\nofficer referred to in that sub -section shall record the grounds and basis of his \r\ninformation and proposed action and forthwith send a copy  thereof to his immediate \r\nsuperior officer. \r\n22. Power to seizure and arrest in public places .– An officer authorized under \r\nsection 21 may– \r\n(a) seize, in any public place or in transit, any narcotic drug, psychotropic \r\nsubstance or controlled substance in respect of which he has reason to \r\nbelieve that an offence punishable under this Act has been committed, \r\nand, along with such drug, substance or any other article liable to \r\nconfiscation under this Act and any document or other article which he \r\nhas reason to b elieve may furnish evidence of the commission of an \r\noffence punishable under this Act; and  \r\n(b) detain and search any person whom he has reason to believe to have \r\ncommitted an offence punishable under this Act, and if such person \r\nhas any narcotic drug, psy chotropic substance or controlled substance \r\nin his possession and such possession appears to him to be unlawful, \r\narrest him. \r\nExplanation.– For the purpose of this section, the expression “public place” includes \r\nany public conveyance, hotel, shop or any oth er place intended for use by, or \r\naccessible to, the public. \r\n23. Power to stop and search conveyance.– An officer referred to in section 19, \r\nmay, if he has reason to suspect that any conveyance is, or is about to be, used for \r\nthe transport of any narcotic drug, psychotropic substance or controlled substance in \r\nrespect of which he suspects that any provision of this Act has been, or is being, or \r\nis about to be, contravened at any time, stop such conveyance or, in the case of an \r\naircraft, compel it to land and– \r\n(a) rummage and search the conveyance or part thereof; \r\n(b) examine and search any goods on or in the conveyance; or \r\n(c) if it becomes necessary to stop the conveyance, he may use all \r\nreasonable force for stopping it. \r\n24. Undercover and controlled deliver y operations .– (1) Subject to sub -\r\nsection (2) and to any treaty, arrangement or understanding with any foreign State to \r\nwhich Pakistan may from time to time be party, the Federal Government may give \r\napproval in writing to controlled delivery operations, fo r the purpose of gathering \r\nevidence in Pakistan or elsewhere relating to the commission of any offence against \r\nthis Act or a similar law of a foreign State. \r\n(2) Approval may not be given under sub -section (1) unless the Federal \r\nGovernment– \r\n(a) suspects that persons, whose identity may or may not be known, have \r\nengaged in, are engaging in or are about to engage in, conduct \r\nconstituting an offence against this Act or a similar law of a foreign \r\nState; and  \r\n(b) is satisfied that the proposed operations are prop erly designed to give \r\nsuch persons an opportunity to manifest that conduct or provide other \r\nevidence of it. \r\n(3) The federal Government may give approval from time to time for a \r\nperiod not exceeding three months. \r\n(4) Without limiting the generality of sub -section (1), the activities which \r\nmay be undertaken by an authorized participant in the course of and for the \r\npurposes of a controlled delivery and undercover operation include– \r\n(a) allowing any conveyance to enter or leave Pakistan; \r\n(b) allowing any narcot ic drug, psychotropic substance, manufactured \r\ndrug, controlled substance, property or other thing in or on the \r\nconveyance to be delivered or collected;   \r\n(c) using such force as may be reasonable in the circumstances to enter \r\nand search the conveyance;   \r\n(d) placing a tracking device in or on the conveyance; and  \r\n(e) allowing any person who has possession or custody of the narcotic \r\ndrug, psychotropic substance, manufactured drug, controlled \r\nsubstance, property or other thing to enter or leave Pakistan.  \r\n(5) Notwithstanding anything contained in any other law for the time being \r\nin force an authorized participant in an undercover operation or a controlled delivery \r\nshall not incur any criminal liability by taking part in it in accordance with the terms of \r\napproval. \r\n(6) Any drug of dependence, controlled chemical, controlled equipment or \r\ncontrolled material imported into Pakistan in the course of an approved undercover \r\noperation or controlled delivery shall be liable to be dealt with as if it were a \r\nprohibited import for the purposes of the Customs Act, 1969 (IV of 1969). \r\n25. Mode of making searches and arrest .– The provisions of the Code of \r\nCriminal Procedure, 1898, except those of section 103, shall, mutatis mutandis , \r\napply to all searches and arrests in so far as they are not inconsistent with the \r\nprovisions of sections 20, 21, 22, and 23 to all warrants issued and arrests and \r\nsearches made under these sections. \r\n26. Punishment for vexatious entry, search, seizure or arrest .– Any person \r\nempowered under section 20 or section 21 who– \r\n(a) without reasonable grounds of suspicion, enters or searches, or causes \r\nto be entered or searched, any building, place, premises or \r\nconveyance; \r\n(b) vexatiously and unnecessarily seizes the property of any person on the \r\npretence of se izing or searching for any narcotic drug, psychotropic \r\nsubstance, controlled substance or any other article or document \r\nrelating to any offence under this Act; and   \r\n(c) vexatiously and unnecessarily detains, searches or arrests any person, \r\nshall be punish ed with imprisonment for a term which may extend to \r\nthree years and shall also be liable to fine which may extend to twenty -\r\nfive thousand rupees. \r\n27. Disposal of persons arrested and articles seized .– (1) Every person \r\narrested and articles seized under a w arrant issued under section 20 shall be \r\nforwarded without delay to the authority by whom the warrant was issued; and every \r\nperson arrested and article seized under section 20 or section 21 shall be forwarded \r\nwithout delay to– \r\n(a) the officer-in-charge of the nearest police station; and \r\n(b) the Special Court having jurisdiction. \r\n(2) The authority or officer to whom any person or article is forwarded \r\nunder this section shall, with all convenient dispatch, take such measures as may be \r\nnecessary under the law for the disposal of such person or article. \r\n28. Powers to invest officers of law enforcement agencies with powers of an \r\nofficer-in-charge of a police station .– The Federal Government may invest any \r\nofficer of law enforcement agency or any other officer with in their respective \r\njurisdiction with the powers of an officer -in-charge of a police station for the \r\ninvestigation of offence under this Act. \r\n29. Presumption from possession of illicit articles .– In trials under this Act, it \r\nmay be presumed, unless and unt il the contrary is proved, that the accused has \r\ncommitted an offence under this Act in respect of– \r\n(a) any narcotic drug; psychotropic substance or controlled substance;  \r\n(b) any cannabis, coca or opium poppy plant growing on any land which \r\nhe has cultivated; \r\n(c) any apparatus specially designed or any group of utensils specially \r\nadapted for the production or manufacture of any narcotic drug, \r\npsychotropic substance or controlled substance; or \r\n(d) any materials which have undergone any process towards the \r\nproduction or manufacture of narcotic drug, psychotropic substance or \r\ncontrolled substance or any residue left of the materials from which a \r\nnarcotic drug, psychotropic substance or controlled substance has \r\nbeen produced or manufactured, for the possession o f which he fails to \r\naccount satisfactorily. \r\n30. Presumption as to documents in certain cases .– Where in the course of \r\nan investigation for an offence committed under this Act or any other law for the time \r\nbeing in force, any document is produced or furnish ed, or has been seized from the \r\ncustody or control of any person, the Special Court shall– \r\n(a) presume, unless the contrary is proved, that the signature and every \r\nother part of such document which  purports to be in the hand-writing of \r\nany particular pers on or which the Special Court may reasonably \r\nassume to have been signed by, or to be in the hand -writing of, any \r\nparticular person, is in that person’s hand -writing, and in the case of a \r\ndocument executed or attested, that it was executed or attested by th e \r\nperson by whom it purports to have been so executed or attested;   \r\n(b) admit the document in evidence, notwithstanding that it is not duly \r\nstamped, if such document is otherwise admissible in evidence; and \r\n(c) presume, unless the contrary is proved, the truth of the contents of \r\nsuch document. \r\n31. Power to call for information .– (1) An officer authorized under section 21 \r\nmay, during the course of an enquiry in connection with the contravention of any \r\nprovision of this Act,– \r\n(a) call for information from an y person for the purpose of satisfying \r\nhimself whether there has been any contravention of the provisions of \r\nthis Act or any rule or order made thereunder; \r\n(b) require any person to produce or deliver any document or thing useful \r\nor relevant to the inquiry; \r\n(c) examine any person acquainted with the facts and circumstances of \r\nthe case; and  \r\n(d) require any bank or financial institution, notwithstanding anything \r\ncontained in any other law for the time being in force, to provide any \r\ninformation whatsoever. \r\n32. Articles connected with narcotics .– (1) Whenever any offence has been \r\ncommitted which is punishable under this Act, the narcotic drug, psychotropic \r\nsubstance or controlled substance, materials, apparatus and utensils in respect of \r\nwhich, or by means of w hich, such offence has been committed shall be liable to \r\nconfiscation. \r\n(2) Any narcotic drug, psychotropic substance or controlled substance \r\nlawfully imported, transported, manufactured, possessed, or sold along with, or in \r\naddition to, any narcotic drug, psychotropic substance or controlled substance which \r\nis liable to confiscation under sub -section (1) and the receptacles or packages, and \r\nthe vehicles, vessels and other conveyances used in carrying such drugs and \r\nsubstances shall likewise be liable to confiscation:  \r\nProvided that no vehicle, vessel or other conveyance shall be liable to \r\nconfiscation unless it is proved that the owner thereof knew that the offence was \r\nbeing, or was to be, committed. \r\n33. Procedure for making confiscation .– (1) In the trial o f offences under this \r\nAct, whether the accused is convicted or acquitted, the Special Court shall decide \r\nwhether any article frozen or seized in connection with such offence is liable to \r\nconfiscation. \r\n(2) Where any article seized under this Act appears to be liable to \r\nconfiscation under section 32, but the person who committed the offence in \r\nconnection therewith is not known or cannot be found, the Special Court may inquire \r\ninto and decide such liability, and may order confiscation accordingly:  \r\nProvided th at no order of confiscation of an article shall be made until the \r\nexpiry of one month from the date of freezing or seizure, or without hearing any \r\nperson who may claim any right thereto and the evidence, if any, which he produces \r\nin respect of his claim: \r\n \r\n1\r\n[Provided further that if any such article, other than a narcotic drug, \r\npsychotropic substance or controlled substance is liable to speedy and natural decay \r\nor in case of a vehicle, the Director -General, Anti-Narcotic Force, or any other officer \r\nauthorised by notification in the official Gazette by the Federal Government, is of \r\nopinion that the sale of such article or vehicle is for the benefit of its owner, he may, \r\nwith the approval of the Special Court, after due notice to the owner and by public \r\nauction, direct that the article or, as the case may be, the vehicle be sold in \r\naccordance with the rules made under this Act and the sale proceeds shall be \r\ndeposited in the National Fund for Drug Abuse till the final judgment of the Court.] \r\n2\r\n[(3) If on adjudication or, as the case may be, in case of appeal the vehicle \r\nor, as the case may be, an article so sold is found not to have been liable to such \r\nconfiscation, the entire sale proceeds shall be handed over to the owner.] \r\n(4) A narcotic drug, psychotropic substance or controlled substance seized \r\nunder this Act shall be disposed of under section 516A of the Code of Criminal \r\nProcedure, 1898 (Act V of 1898). \r\n34. Federal  Narcotics Testing Laboratory, etc .– (1) The Federal Government \r\nmay, as soon as may be after the  commencement of this Act, set -up a Federal \r\nNarcotic Testing Laboratory and such other institutes and narcotics testing research \r\nlaboratories or notify any other laboratory or institute to be a Federal Narcotics \r\nTesting Laboratory for carrying out the purposes of this Act.  \r\n(2) The Provincial Government may, wherever deems appropriate, set -up \r\nProvincial Narcotics Testing Laboratories. \r\n35. Government Analyst.–The Federal Government or a Provincial Government \r\nmay, by notification in the official Gazette, appo int such persons as it thinks fit, \r\nhaving the prescribed qualifications, to be Federal Government Analysts or, as the \r\ncase may be, Provincial Government Analysts, for such areas and in respect of such \r\nnarcotic drugs, psychotropic substances or controlle d s ubstances as may be \r\nspecified in the notification. \r\n36. Reports of Government Analysts.– (1) The Government Analyst to whom a \r\nsample of any narcotic drugs, psychotropic substance or controlled substance has \r\nbeen submitted for test and analysis shall deliver  to the person submitting it, a \r\nsigned report in quadruplicate in the prescribed form and forward one copy thereof to \r\n                                                 \r\n1Substituted by the Control of Narcotic Substances (Amendment) Ordinance, 2000 (LXVI of 2000) w.e.f.23.12.2000; and \r\npublished in Gazette of Pakistan (Extraordinary), part-I s.2. \r\n2Substituted by the Control of Narcotic Substances (Amendment) Ordinance, 2000 (LXVI of 2000) w.e.f.23.12.2000; and \r\npublished in Gazette of Pakistan), part-I s.2. \r\nsuch authority as may be prescribed. \r\n(2) Notwithstanding anything contained in any other law for the time being \r\nin force, any document pur porting to be a report signed by a Government Analyst \r\nshall be admissible as evidence of the facts stated therein without formal proof and \r\nsuch evidence shall, unless rebutted, be conclusive. \r\nCHAPTER IV \r\nFREEZING AND FORFEITURE OF ASSETS \r\n37. Freezing of ass ets, etc .– (1) Where the Special Court trying an offence \r\npunishable under this Act is satisfied that there appear reasonable grounds for \r\nbelieving that the accused has committed such an offence, it may order the freezing \r\nof the assets of the accused, his relatives and associates.  \r\n(2) Where in the opinion of the Director -General or an officer authorized \r\nunder section 21 an offence is being or has been committed, he may freeze the \r\nassets of such accused and within seven days of the freezing shall place befor e the \r\nCourt the material on the basis of which the freezing was made and further \r\ncontinuation of the freezing or otherwise shall be decided by the Court. \r\n(3) The said officer shall trace, identify and freeze the assets during the \r\ninvestigation or trial for the purpose of forfeiture by the Special Court: \r\nProvided that the Director-General, or as the case may be, the officer freezing \r\nany asset shall,  within three days, inform the Special Court about such freezing and \r\nthe Special Court shall, after notice to the person whose assets have been frozen, by \r\nan order in writing, confirm, rescind or vary such freezing. \r\n38. Tracing of assets .– (1) On receipt of a complaint or credible information or \r\nwhere reasonable suspicion exists about any person that he has acquir ed assets \r\nthrough illicit involvement in narcotics, within or without Pakistan, an officer \r\nempowered under section 21 or any other person authorized under section 37, shall \r\nproceed to trace and identify such assets. \r\n(2) On receipt of authenticated informat ion from a foreign Court of \r\ncompetent jurisdiction that citizen of Pakistan has been charged for an offence which \r\nis also an offence under this Act, an officer empowered under section 21 or any \r\nother person authorized under section 37 shall proceed to trac e and identify the \r\nassets of the said person, and subject to the provision of sub -section (3) may freeze \r\nthe said assets.  \r\n(3) Information about such assets shall be laid before to the Special Court \r\nfor the purpose of section 13 and section 19 in case acti on under this Act or any \r\nother law for the time being in force is initiated and in case the person who has \r\ncommitted the offence is outside Pakistan, before the High Court for the purpose of \r\nforfeiture of assets under section 40. \r\n(4) The actions referred t o in sub -sections (1) and (2) may include any \r\ninquiry, investigation or survey in respect of any person, premises, place, property, \r\nconveyance, documents and books of accounts. \r\n39. Order for forfeiture of assets .– (1) Where the Special Court convicts an \r\naccused under section 13, or sentences him  to imprisonment for more than three \r\nyears, the Director -General or an officer authorized by him may request the said \r\nCourt by an application in writing along with a list of the assets of the convict or, as \r\nthe case may be, his associates, relatives or any other person holding or possessing \r\nsuch assets on his behalf, for forfeiture thereof. \r\n(2) Where the Special Court is satisfied that any assets specified in the list \r\nreferred to in sub-section (1) were derived, generated or obtained in contravention of \r\nsection 12 are liable to be forfeited under section 19, it may order that such assets \r\nshall stand forfeited to the Federal Government:  \r\nProvided that no order under this section shall be made without issuing a \r\nnotice to show cause and providing a reasonable opportunity of being heard to the \r\nperson being affected by such order: \r\n Provided further that if such person fails to tender any explanation or defaults \r\nin making appearance before the Special Court on any date appoin ted by it, the \r\nSpecial Court may proceed to record an order ex -parte on the basis of the evidence \r\navailable before it. \r\n(3)  Where any shares in a company are forfeited to the Federal \r\nGovernment under sub -section (2), notwithstanding anything contained in t he \r\nCompanies Ordinance, 1984 (XLVII of 1984) or any other law for the time being in \r\nforce or Articles of Association of the Company, such shares shall be registered in \r\nthe name of Federal Government. \r\n40. Forfeiture of assets of person convicted abroad .– (1) Notwithstanding \r\nanything contained in any other law for the time being in force, where a citizen of \r\nPakistan is convicted by a foreign Court for an offence which is also an offence \r\npunishable under this Act, the Special Court may, on an application made by the \r\nDirector-General or any other officer authorized by the Federal Government, order \r\nthat the assets acquired in Pakistan by such citizen shall be forfeited to the Federal \r\nGovernment. \r\n(2) The Special Court shall presume, upon the production of any document \r\npurporting to be a certified copy of a foreign judgment that such judgment was \r\npronounced by a Court of competent jurisdiction, unless the contrary appears on the \r\nrecords, but such presumption may be displaced by proving want of jurisdiction: \r\nProvided that the judgment or order of conviction– \r\n(a) is passed by the foreign Court of competent jurisdiction; \r\n(b) has been pronounced on the merits of the case; \r\n(c) has not been obtained by fraud; \r\n(d) has not been made in contravention of any law in force in Pakistan; \r\n(e) has assumed finality through appeal, revision or review and is not \r\nsubjudice before any appellate forum: \r\nProvided further no order under this section shall be made without providing \r\nan opportunity of being heard to such citizen:  \r\n Provided also that, notwithstanding anything contained in clauses (a) to (e) of \r\nthe first proviso, during the pendency of the application the Court may, by an order, \r\nfreeze all or any of the assets or restrain such citizen, his associates and relatives \r\nfrom alienating such assets by lease, sale, gift, transfer or in any other manner. \r\nExplanation.– For the purpose of this section, the expression “Court” means the \r\nHigh Court of the Province where the assets or any part thereof are located. \r\n41. Prohibition of alienation of  freezed property.– (1) Where any order under \r\nsection 37 or section 40 is made for freezing of any asset , any alienation or transfer \r\nof such asset by any manner or mode shall, till the conclusion of the proceedings \r\nunder this Act,  or until such order is va cated be void, and if such asset is \r\nsubsequently forfeited to the Federal Government, any such alienation or transfer of \r\nassets shall be deemed to be of no effect whatsoever.  \r\n(2) Any person who knowingly alienates or transfers any assets in respect \r\nwhereof an order has been made under section 37 or section 40 shall be guilty of an \r\noffence punishable, on conviction, with imprisonment for a term which may extend to \r\nthree years, or with fine, or with both. \r\n42. Punishment for acquiring property in relation to which proceedings have \r\nbeen taken under this Act .– Any person who knowingly acquires any assets which \r\nhave been frozen under this Act  shall be punishable with imprisonment for a term \r\nwhich may extend to three years and with fine. \r\n43. Power to take possessi on.– (1) Where any asset is ordered to be forfeited \r\nto the Federal Government under section 39, the Special Court may direct the \r\nperson holding or possessing such asset to surrender or deliver its possession to the \r\nAdministrator appointed under section 44 or any other person authorized by the \r\nSpecial Court in this behalf, within such time as may be directed by it.   \r\n(2) If any person refuses or fails to comply wit h a direction issued under \r\nsub-section (1), the Special Court may require the Superintendent of  Police of the \r\ndistrict where such assets are located to provide police assistance to the \r\nAdministrator for securing possession thereof, and it shall be the duty of the \r\nSuperintendent of Police to comply with such requisition. \r\n44. Management of assets frozen or forfeited under the Act .– (1) The Federal \r\nGovernment may, by a notification in the official Gazette, appoint any officer of the \r\nFederal Government or a Provincial Government as it may think fit to perform the \r\nfunctions of an Administrator of the assets frozen or forfeited under this order. \r\n(2) The Administrator appointed under sub -section (1) shall take such \r\nactions and exercise such powers as the Federal Government may direct for the \r\nmaintenance and disposal of the assets which are frozen or forfeite d to the Federal \r\nGovernment. \r\nCHAPTER V \r\nSPECIAL COURTS \r\n45. Jurisdiction to try offences .– The Special Court established under this Act \r\nshall have the exclusive jurisdiction to try an offence cognizable under this Act. \r\n46. Establishment of Special Courts .– (1) The Federal Government and, if so \r\ndirected by the Federal Government, the Provincial Government shall, by notification \r\nin the official Gazette, establish as many Special Courts as it considers necessary \r\nand appoint a Judge for each of such Courts and wh ere it establishes more than one \r\nSpecial Court, it shall specify in the notification the place of sitting of each Special \r\nCourt and the territorial limits within which it shall exercise jurisdiction under this Act. \r\n(2) There shall be two classes of Special  Courts to try offences under this \r\nAct, namely:–  \r\n(i) Special Courts having the power to try all offences; and  \r\n(ii) Special Courts having the power to try offences punishable with \r\nimprisonment for two years or less. \r\n(3) No person shall be appointed a Judge of a Special Court referred to– \r\n(i) in sub-section (2) (i) unless he is or has been a Sessions Judge or an \r\nAdditional Sessions Judge; and \r\n(ii) in sub -section (2) (ii) unless he is a Judicial Magistrate of the First \r\nclass.   \r\n(4) A person shall be appointe d as Judge of a special Court after \r\nconsultation with the Chief Justice of the High Court of the Province in which the \r\nSpecial Court is established. \r\n(5) The Federal Government or the Provincial Government may, in \r\nconsultation with the Chief Justice of the High Court, confer the powers of a Special \r\nCourt referred to– \r\n(i) in sub -section (2) (i), on any Sessions Judge  or Additional Sessions \r\nJudge; \r\n(ii) in sub-section (2) (ii), on any Judicial Magistrate of the First Class. \r\n47. Application of the Code of Crimin al Procedure, 1898 .– Except as \r\notherwise provided in this Act, the provisions of the Code of Criminal Procedure, \r\n1898 (Act V of 1898), hereinafter referred to as the Code (including provisions \r\nrelating to confirmation of a death sentence) shall apply, to t rials and appeals before \r\na special Court under this Act. \r\n48. Appeal.– (1) An appeal against the order of a Special Court comprising a \r\nSessions Judge or an Additional Sessions Judge shall lie to the High Court and shall \r\nbe heard by a Bench of not less than two Judges of that Court. \r\n(2) An appeal against the order of a Special Court comprising a Judicial \r\nMagistrate shall lie to a Special Court comprising a Sessions Judge or an Additional \r\nSessions Judge. \r\n49. Transfer of cases.– (1) Where more Special Courts than one are established \r\nwithin the territorial jurisdiction of a High Court, the High Court may, by order in \r\nwriting, transfer a case, at any stage, from one Special Court to another Special \r\nCourt in accordance with section 526 of the Code as if the Special  Court were a \r\nCourt of Sessions. \r\n(2) On the establishment of Special Courts under section 45 and 46, all \r\ncases where the sentence of an offence is two years or less, shall stand transferred \r\nto the respective Special Court comprising a judicial Magistrate of the First Class and \r\nall other cases to the respective Special Courts comprising of Sessions Judges or \r\nAdditional Sessions Judges. \r\n(3) Notwithstanding anything hereinbefore contained, a remand may be \r\ngranted by the nearest Special Court comprising a judic ial Magistrate of the First \r\nClass. \r\n50. Special Prosecutor .– (1) The Federal Government may appoint a person \r\nwho is an advocate of a High Court to be a Special Prosecutor on such terms and \r\nconditions as may be determined by it and any person so appointed sh all be \r\ncompetent to conduct proceedings under this Act before a Special Court and, if so \r\ndirected by the Federal Government, to withdraw such proceedings.  \r\n(2) When a Special Prosecutor appointed under sub -section (1) is, for any \r\nreason, temporarily unable  to conduct proceedings before the Special Court, the \r\nproceedings shall be conducted by such person as may be authorized in this behalf \r\nby the Special Court. \r\n51. No bail to be granted in respect of certain offences .– (1) Notwithstanding \r\nanything contained in sections 496 and 497 of the Criminal Procedure Code, 1898 (V \r\nof 1898), bail shall not be granted to an accused person charged with an offence \r\nunder this Act or under any other law relating to narcotics where the offence is \r\npunishable with death. \r\n(2) In the case of other offences punishable under this Act, bail shall not \r\nbe normally granted unless the Court is of the opinion that it is a fit case for the grant \r\nof \r\n3\r\n[bail] and against security of a substantial amount. \r\nCHAPTER VI \r\nTREATMENT AND REHABILITATION OF ADDICTS \r\n52. Registration of addicts .– (1) Each Provincial Government shall register all \r\naddicts within their respective jurisdiction for the purpose of treatment and \r\nrehabilitation of addicts. \r\n(2) The Federal Government shall bear all expenses for firs t time \r\ncompulsory de-toxification or de-addiction of an addict. \r\n(3) The addict shall carry a registration card in such form as may be \r\nprescribed and produce it to any public authority on demand. \r\n53. Powers of the Government to establish centers for treatme nt of \r\naddicts.– The Provincial Government shall establish as many centers as may be \r\ndeemed necessary for de -toxification, de -addiction, education, after -care, \r\nrehabilitation, social integration of addicts and for supply of such medicines as are \r\nconsidered necessary for the de-toxification of the addicts. \r\nCHAPTER VII \r\nNATIONAL FUND FOR CONTROL OF DRUG ABUSE \r\n54. National fund for control of drug abuse .– (1) The Federal Government \r\nmay, by notification in  the official Gazette, constitute a Fund to be called the  \r\nNational Fund for Control of Drug Abuse, hereinafter to be called the Fund, \r\nconsisting of– \r\n                                                 \r\n3Misprinted in the gazette as “ail”. \r\n(a) grants from the Federal Government or Provincial Governments; \r\n(b) the sale proceeds of any assets forfeited under this Act or any other \r\nlaw for the time being in force; \r\n(c) the sale proceeds of unserviceable commodities and vehicles provided \r\nby the donor for narcotics control purposes; \r\n(d) any grants made by any person or institution; and  \r\n(e) any income from the investment of the amounts credited to the Fund. \r\n(2) All receipts mentioned in sub -clauses (a) to (e) of sub -section (1) shall \r\nbe credited to a Head of Account in the Public Account duly authorized by the \r\nAuditor-General of Pakistan. \r\n(3) The purpose and object of the Fund shall be to meet the expenditure \r\nincurred in connection with the control and eradication of trafficking in, and abuse of, \r\nnarcotic drugs, psychotropic substances, controlled substances, or treatment and \r\nrehabilitation of drug addicts and for all or any of the related purposes, as may be \r\nspecified by the Federal Government. \r\n(4) The management, overall control and supervision of the affairs of the \r\nFund shall vest in a Governing Body consisting of a Chairman and such other \r\nmembers as may be appointed by the Federal Government by a notification  in the \r\nofficial Gazette, on such terms and conditions as may be prescribed. \r\n(5) The Governing Body shall have the powers to regulate its own \r\nprocedures and co-opt members as it may deem appropriate. \r\n55. Annual Report of the activities financed out of the fund.– The Governing \r\nBody shall, after the end of each financial year, submit to the Federal Government a \r\nreport giving an account of its activities and the activities financed out of the Fund \r\nduring the financial year, together with a statement of accounts. \r\nCHAPTER VIII \r\nINTERNATIONAL CO-OPERATION \r\n56. Authority to make and act on mutual legal assistance requests .– (1) This \r\nChapter is subject to any treaty, arrangement or understanding with foreign States to \r\nwhich Pakistan may from time to time be party, and  nothing in the Chapter shall be \r\ntaken to limit the nature or extent of assistance which Pakistan may otherwise \r\nlawfully give to, or receive from, foreign States. \r\n(2) The Federal Government may– \r\n(a) make request on behalf of Pakistan to the appropriate aut hority of a \r\nforeign State for mutual legal assistance in any investigation \r\ncommenced, or proceeding instituted, in Pakistan relating to an offence \r\ncommitted, or suspected on reasonable grounds to have been \r\ncommitted, under Chapter II of this Act; \r\n(b) grant or postpone in whole or in part similar requests from foreign \r\nStates on such terms and conditions as it thinks fit; and \r\n(c) refuse (in whole or in part) such requests from foreign States on the \r\nground that to grant  the request would be likely to prejudic e the \r\nsovereignty, security, public order or other essential public interest of \r\nPakistan.  \r\n(3) Requests on behalf of the Federal Government to the appropriate \r\nauthorities of foreign States for the assistance referred to in sub -section (2) shall be \r\nmade by the Federal Government, or an officer authorized by the Federal \r\nGovernment, and requests for any other form of international assistance in \r\ninvestigations or proceedings relating to criminal matters may be made by any \r\nperson authorized by the Federal Government in this behalf. \r\n57. Mutual legal assistance requests by Pakistan .– (1) The Federal \r\nGovernment or an officer authorized by the Federal Government under sub -section \r\n(3) of section 56 may request the foreign State to– \r\n(a) have evidence taken, or documents or other articles produced; \r\n(b) obtain and execute search warrants or other lawful instruments \r\nauthorizing a search for things relevant to investigations or proceedings \r\nin Pakistan believed to be located in that State, and if found, seize \r\nthem; \r\n(c) freeze assets, the subject of actions or orders under sub -section (2) of   \r\nsection 37, by whatever processes are lawfully available in that State, \r\nto the extent to which the assets are believed on reasonable grounds \r\nto be located in that State; \r\n(d) confiscate articles the subject of orders under sub-section (2) of section \r\n33 and forfeit assets the subject of orders under sub -section (2) of \r\nsection 39 to the extent to which the articles or assets, as the case may \r\nbe, are believed to be located in that State; \r\n(e) transmit to Pakistan any such evidence, documents, things, articles, \r\nassets or proceeds realized from the disposal of such articles or \r\nassets; and \r\n(f) transfer in custody to Pakistan a person detained in the foreign State \r\nwho consents to assist Pakistan in  the relevant investigation or \r\nproceedings. \r\n58. Foreign requests for assistance .– (1) The Federal Government may \r\nauthorized the giving of mutual legal assistance to a foreign State of a kind similar to \r\nthat specified in section 57 in investigations commenc ed or proceedings instituted in \r\nsuch State. \r\n(2) Such requests shall– \r\n(a) give the name of the authority concerned with the criminal matter to \r\nwhich the request relates; \r\n(b) give a description of a nature of the criminal matter and a statement \r\nsetting out a summary of the relevant facts and laws; \r\n(c) give a description of the purpose of the request and of the nature of the \r\nassistance being sought; \r\n(d) in the case of a request to freeze or forfeit assets believed on \r\nreasonable grounds to be located in Pakista n, give details of the \r\noffence, particulars of any investigation or proceedings commenced in \r\nrespect of the offence, and be accompanied by a copy of any relevant \r\nfreezing or forfeiture order of the Court; \r\n(e) give details of any procedure that the foreign State wishes to be \r\nfollowed by Pakistan in giving affect to the request, particularly in the \r\ncase of a request to take evidence; \r\n(f) contain a statement setting out any wishes of the foreign state \r\nconcerning any confidentiality relating to the request and the reasons \r\nfor those wishes; \r\n(g) give details of the period within which the foreign State wishes the \r\nrequest to be complied with; \r\n(h) state, where applicable, the grounds for believing that the relevant \r\nassets or things to be traced, frozen or seized are  located in Pakistan; \r\nand \r\n(i) contain any other information that may assist in giving effect to the \r\nrequest.  \r\n(3) A request may be accepted, after consultation, notwithstanding that the \r\nrequest, as originally made, does not comply with sub-section (2). \r\n59. Foreign requests for an evidence -gathering Order or a search warrant .– \r\n(1) Notwithstanding anything contained in any law for the time being in force, where \r\nthe Federal Government approves a request of a foreign State pursuant to section \r\n60 to obtain evidence in Pakistan, or be able to be given by a person believed to  be \r\nin Pakistan, the Director -General or an officer authorized by him may apply to the \r\nHigh Court for– \r\n(a) a search warrant; or   \r\n(b) an evidence-gathering order. \r\n(2) The High Court to which a n application is made under sub -section (1) \r\nmay issue an evidence -gathering order or a search warrant under this sub -section, \r\nwhere it is satisfied that there are reasonable grounds to believe that– \r\n(a) an offence has been committed, or is suspected on rea sonable \r\ngrounds to have been committed against the laws of the requesting \r\nState which, if committed in Pakistan, would have constituted an \r\noffence under this Act; \r\n(b) evidence of the commission of the foreign offence or information that \r\nwould reveal the wh ereabouts of a person who is suspected of \r\ncommitting the foreign offence is likely to be found in a building, \r\nreceptacle or place in Pakistan; and \r\n(c) in the case of an application for a search warrant, it would not, in all the \r\ncircumstances, be more appro priate to grant an evidence -gathering \r\norder. \r\n(3) An evidence-gathering order– \r\n(a) shall provide for the manner in which the evidence is to be obtained in \r\norder to give proper effect to the foreign request unless prohibited \r\nunder the law of Pakistan, and in  particular, may  require any person \r\nnamed therein to– \r\n(i) make a record from  data or make a copy of a record; \r\n(ii) attend Court to give evidence on oath or otherwise until \r\nexcused; and \r\n(iii) produce to the High Court or to any person designated by the \r\nCourt, anything, including any record, or copy thereof; and   \r\n(b) may include such terms and conditions as the High Court considers \r\ndesirable, including those relating to the interests of the person named \r\ntherein or of third party. \r\n(4) A person named in an e vidence-gathering order may refuse to answer \r\na question or to produce a record or thing where the refusal is based on– \r\n(a) a law in force in Pakistan; \r\n(b) a privilege recognized by a law in force in the foreign State that made \r\nthe request; or   \r\n(c) a law i n force in the foreign State that would render the answering of \r\nthat question or the production of that record or thing   by that person in \r\nits own jurisdiction an offence. \r\n(5) Where a person refuses to answer a question or to produce a record or \r\nthing und er sub -section (4), the High Court shall report the matter to the Federal \r\nGovernment which shall notify to the foreign State accordingly and request it to \r\nprovide a written statement on whether the person’s refusal was well -founded under \r\nthe law of the foreign State. \r\n(6) Any written statement received by the Federal Government from the \r\nforeign State in response to a request under sub -section (5) shall, notwithstanding \r\nanything contained in the Qanun -e-Shahadat Order, 1984, be admissible in the \r\nevidence-gathering proceedings, and be determinative of whether the person’s \r\nrefusal is well-founded under the foreign law. \r\n(7) A person who, without reasonable excuse, refuses to comply with a \r\nlawful order of the High Court made under this section, or who having refus ed under \r\nsub-section (4), continues to refuse notwithstanding the admission in evidence of a \r\nstatement under sub -section (6) to the effect that the refusal is not well -founded, \r\ncommits a contempt of court.  \r\n(8)  The High Court may issue a warrant for the a rrest of a person named \r\nin an evidence-gathering order where it is satisfied that the person– \r\n(a) did not attend or remain in attendance as required or is about to \r\nabscond; and   \r\n(b) was personally served with the order. \r\n(9) A person arrested in pursuance  of a warrant issued under sub -section \r\n(8) shall be forthwith brought before the High Court, to ensure compliance with the \r\norder made under sub -section (2), and the Court may order that the person be \r\ndetained in custody or released on recognizance, with or without sureties. \r\n(10) A search warrant– \r\n(a) shall be issued in accordance with the provisions of the  Criminal \r\nProcedure Code, 1898 (V of \r\n4\r\n[1898]); \r\n(b) shall specify a time and date when the High Court will hear any \r\nrepresentations from any person from who m, a record or thing is \r\nseized pursuant to the warrant, before any order is made to send it to \r\nthe foreign State; and   \r\n(c) may include such terms and conditions as the High Court considers \r\ndesirable, including conditions relating to the time or manner of its \r\nexecution. \r\n(11) The person executing a search warrant issued under sub-section (2)– \r\n(a) may seize anything that he believes on reasonable grounds will afford \r\nevidence of, or has been obtained for, or used in, or is intended to be \r\nused in, the commission of an offence under this Act; \r\n(b) shall, at least five days before the time of the hearing to consider its \r\nexecution, file in the High Court a written report concerning the \r\nexecution of the warrant, including a description of the records or \r\nthings seized. \r\n(12) At the hearing to consider the execution of a search warrant the High \r\nCourt, after considering any representation made by the Director -General or an \r\nofficer authorized by him, or any person from whom a record or thing was seized \r\npursuant to the warrant, and any person who claims to have an interest in the record \r\nor thing, may– \r\n(a) order that the record or thing be returned to the person from whom it \r\nwas seized, or to the person lawfully entitled to its possession, if \r\nsatisfied that the warrant was no t executed according to its terms and \r\nthat it would be in the public interest to so return it; \r\n(b) in any other case, order that the record or thing be send to the foreign \r\nState, and include in the order such terms and conditions as the High \r\nCourt considers necessary– \r\n(i) to give effect to the request from foreign State; \r\n(ii) with respect to the preservation and return to Pakistan of any \r\nrecord or thing seized; or   \r\n(iii) with respect to the interest of a third party. \r\n(13) No record or thing seized and orde red to be sent to a foreign State \r\nshall be sent until the Director -General is satisfied that the foreign State has agreed \r\nto comply with any terms or conditions imposed in respect of the sending abroad of \r\nthe record or thing. \r\n60. Foreign requests for assis tance from detained persons .– (1) Where the \r\nFederal Government approves a request of a foreign State to have a detain ed \r\n5\r\n[person], who is serving a term of imprisonment in Pakistan, transferred to a foreign \r\n                                                 \r\n4Misprinted in the gazette as “1998”. \r\n5Misprinted in the gazette as “peron”. \r\nState for a fixed period to give evidence or assi st in an investigation or proceedings \r\nin that State relating to an offence committed, or suspected on reasonable grounds \r\nto have been committed against the laws of the requesting State, in respect of \r\nconduct which had it occurred in Pakistan would have con stituted an offence under \r\nthis Act, the Director-General may apply to the High Court for a transfer order. \r\n(2) The High Court to which an application is made under sub -section (1) \r\nmay make a transfer order where it is satisfied, having considered, among ot her \r\nthings, any documents filed, or information given, in support of the application that the \r\ndetained person consents to the transfer. \r\n(3) A transfer order made under sub-section (2)– \r\n(a) shall set out the name of the detained person and his place of \r\nconfinement; \r\n(b) shall order the person who has custody of the detained person to deliver \r\nhim into the custody of a person who is designated in the order or who is \r\na member of the class of persons so designated; \r\n(c) shall order the person receiving him into cu stody to take him to the \r\nforeign State and, on return of the detained person to Pakistan, to return \r\nthat person to the place of confinement where he was when the order \r\nwas made, or to such other place of confinement as the Federal \r\nGovernment subsequently may notify to the foreign State; \r\n(d) shall state the reasons for the transfer; \r\n(e) shall fix the period of time at, or before the expiration of, which the \r\ndetained person must be returned or unless varied on the application of \r\nthe Federal Government for the purposes of the request; \r\n(f) may include such terms or conditions relating to the protection of the \r\ninterests of the detained persons as the High Court considers desirable. \r\n(4) The time spent in custody by a person pursuant to a transfer order shall, \r\nso long as such person remains in such custody and is of good behavior, be deemed \r\nto have been spent in service of the sentence being served when the order was \r\nmade. \r\n61. Foreign persons in Pakistan in response to a Pakistan request .– (1) The \r\nFederal Government  may, by written notice, authorize the temporary detention in \r\nPakistan of a person in detention in a foreign State who is transferred from that State \r\nto Pakistan pursuant to a request under clause (f) of (1) of section 62, for such period \r\nas may be agreed with that State for the purposes of the request, and the return in \r\ncustody of the person to the foreign State. \r\n(2) A person in respect of whom a notice is issued under sub -section (1) \r\nshall, so long as the notice is in force– \r\n(a) be permitted to enter Paki stan and remain in Pakistan for the purpose s \r\nof the request, and to leave Pakistan when no longer required for those \r\npurposes, notwithstanding any Pakistan law to the contrary; and \r\n(b) while in custody in Pakistan for the purposes of the request, be deemed  \r\nto be in lawful custody. \r\n(3) The Federal Government may at any time vary a notice under sub -\r\nsection (1), and where the foreign State requests the release of the person from \r\ncustody, either immediately or on specified date, the Federal Government shall dir ect \r\nthat the person be released from custody accordingly. \r\n(4) The provisions of this section shall apply, \r\n6\r\n[mutatis mutandis ], in the \r\ncase of any detained person in transit through Pakistan from one foreign State to \r\nanother pursuant to a request for assistance of the kind referred to in this section. \r\n(5) Any person, whether or not a detained person, who is in Pakistan in \r\nresponse to a Pakistan request under this Chapter to give evidence in a proceeding or \r\nto give assistance in relation to and investigation,  prosecution or the related \r\nproceeding may not, while in Pakistan, be– \r\n(a) detained, prosecuted or punished; or \r\n(b) subjected to civil process, before the person’s departure from the foreign \r\nState pursuant to the request in respect of any act or omission t hat \r\noccurred. \r\n62. Foreign requests for Pakistan restraining orders .– (1) Notwithstanding \r\nanything contained in any law for the time being in force, where the Federal \r\nGovernment approves a request of a foreign State pursuant  to section 66 to restrain \r\ndealings in any assets, some or all of which are believed on reasonable grounds to be \r\nlocated in Pakistan, the Federal Government may apply to the High Court for a \r\nrestraining order. \r\n(2) The High Court, to which an application is made u nder sub-section (1), \r\nmay issue a freezing order, where it is satisfied that there are reasonable grounds to \r\nbelieve that– \r\n(a) an offence has been committed, or is suspected on reasonable grounds \r\nto have been committed by a person against the laws of the requesting \r\nState which, if committed in Pakistan, would have constituted an offence \r\nunder this Act. \r\n(b) an investigation or proceeding has commenced in the foreign State \r\nrelating to that offence; \r\n(c) assets derived by the person, his relatives and associates from the \r\ncommission of the offence are located in Pakistan; and \r\n(d) an order has been made, or is likely to be made in the foreign country \r\nhaving, to the effect of forfeiting such assets, this ordinance shall apply \r\nas if the offence had been committed in Pakistan, whereupon the \r\nfreezing order had been made under sub-section (2) of section 38. \r\n63. Requests for enforcement of foreign confiscation or restraining orders .–  \r\n(1) This section does not apply to cases falling within section 40 of this Act. \r\n(2) Where a foreign State reques ts the Federal Government to make \r\narrangements for the enforcement of a – \r\n(a) foreign restraining order; or \r\n(b) foreign forfeiture order, \r\n                                                 \r\n6Misprinted in the gazette as “mutates mutandis”. \r\nthe Director-General may apply to the High Court for registration of the orders \r\nissued by a Court of that State. \r\n(3) The High Court shall, on application by the Director-General, register the \r\nforeign restraining order if the Court is satisfied that the order is in force in the foreign \r\nState. \r\n(4) The High Court shall, on application by the Director-General or an officer \r\nauthorized by him, register the foreign forfeiture order if the Court is satisfied– \r\n(a) the order is in force in the foreign State and is not subject to appeal; and \r\n(b) where the person, the subject of the order, did not appear in the foreign \r\nforfeiture order proceedings in the foreign State, that– \r\n(i) the person was given notice of the proceedings in sufficient time \r\nto enable him or her to defend him; or  \r\n(ii) the person died or absconded before such notice could be given. \r\n(5) Where a foreign restraining ord er or foreign forfeiture order is registered \r\nin accordance with this section, a copy of any amendments made in the order in the \r\nforeign State (whether before or after registration), may be registered in the same way \r\nas the order, but shall not have effect for the purposes of this Act until they are so \r\nregistered. \r\n(6) The High Court shall, on application by the Director-General or an officer \r\nauthorized by him, cancel the registration of– \r\n(a) a foreign restraining order if it appears to the Court that the ord er has \r\nceased to have effect; and   \r\n(b) a foreign forfeiture order if it appears to the Court that the order has \r\nbeen satisfied or has ceased to have effect. \r\n(7) Subject to sub-section (8), where the foreign restraining order or foreign \r\nforfeiture order co mprises a facsimile copy of a duly authenticated foreign order, or \r\namendment made to such an order, the facsimile shall be regarded for the purposes \r\nof this Ordinance as the same as the duly authenticated foreign order. \r\n(8) Registration effected by means o f a facsimile shall cease to have effect \r\nat the end of the period of fourteen days commencing on the date of registration, \r\nunless a duly authenticated original of the order has been registered by that time. \r\n(9) Where a foreign restraining order or a foreig n forfeiture order has been \r\nregistered pursuant to this section, this Act shall be deemed to apply in relation to the \r\norder as if the offence the subject of the order had been committed in Pakistan, and \r\nthe order had been made pursuant to Chapter IV of this Act. \r\n64. Requests to recover foreign fines .– (1) Where the Federal Government \r\napproves a request from a foreign State to enforce the payment of a fine imposed by \r\na Court of that State, a court in Pakistan shall enforce the payment of the fine as if the \r\nfine as been imposed by a Court in Pakistan.  \r\nExplanation.– For the purpose of this section the expression “fine” shall include any \r\npecuniary penalty determined by a foreign Court to represent the value of any \r\nproperty, benefit, advantage, obtained or deriv ed directly or immediately as a result of \r\nthe commission of an offence relating to narcotic substances. \r\n(2) No proceedings under sub -section (1) shall be instituted after the expiry \r\nof five years from the date the fine was imposed. \r\n65. Sharing forfeited pr operty with foreign States .– The Federal Government \r\nmay enter into an arrangement with the competent authorities of a foreign State for \r\nthe reciprocal sharing with that State of such part of any property realized pursuant to \r\nthis Act– \r\n(a) in the foreign St ate, as a result of action taken by the Federal \r\nGovernment; and \r\n(b) in Pakistan, as a result of action taken in Pakistan, on such terms and \r\nconditions as the Federal Government may prescribe. \r\n66. Extradition.– Notwithstanding anything contained in the Extr adition Act, 1972 \r\n(XXI of 1972), all offences against Chapter II of this Act shall be deemed to– \r\n(a) be extraditable offences; and \r\n(b) not be political offences. \r\nCHAPTER IX \r\nGENERAL \r\n67. Reporting of suspicious financial transaction .– (1) Notwithstanding \r\nanything contained in any law for the time being in force, all banks and financial \r\ninstitutions shall pay special attention to all unusual patterns of transactions, which \r\nhave no apparent economic or lawful purpose and upon suspicion that such \r\ntransactions could constitute or be related to illicit narcotics activities, the manager or \r\ndirector of such financial institution shall report the suspicious transactions to the \r\nDirector-General. \r\n(2) Whoever fails to supply the information in accordance with sub -section \r\n(1) shall be punishable with rigorous imprisonment which may extend to three years, \r\nor with fine, or with both. \r\n68. Presumption to the assets acquired through dealing in narcotics .– Where \r\nthere is reasonable ground to believe that the assets of a person o r any part thereof \r\nwere acquired before or at the time of, or after the commission of an offence under \r\nthis Act and there was no other likely source of acquiring such assets or part thereof, \r\nit shall be presumed, unless the contrary is proved, that such as sets or part thereof \r\nwere acquired, generated or obtained through cultivation, manufacture, production, \r\nsale, purchase, dealing or trafficking of narcotic drugs, psychotropic substances or \r\ncontrolled substances. \r\n69. Departments to render assistance to the Special Courts, etc .– All \r\ndepartments of the Government, banks, financial institutions, corporate bodies, \r\ncompanies, societies and agencies shall assist the Special Court, Director -General or \r\nany other officer authorized by the Federal Government for the p urposes of any \r\ninquiry, tracing of any assets or for ascertaining whether any assets held by any \r\nperson, his associate or relative were acquired by committing any offence under this \r\nAct.  \r\n70. Notice or order not to be invalid for error in description .– No notice issued, \r\nor order passed, under this Act shall be invalid by reason of any error in the \r\ndescription of the person or assets specified therein if such person or assets are \r\notherwise identifiable from the description specified in such notice or order. \r\n71. Delegation.– (1) The Federal Government may, by notification in the official \r\nGazette and subject to such conditions and limitations as may be specified in the \r\nnotification, delegate all or any of its powers and functions under this Act as it may \r\ndeem necessary or expedient to the Provincial Government, Director -General or any \r\nother authority or officer of the Federal Government. \r\n(2) The Provincial Government may, by notification in the official Gazette, \r\nsubject to such conditions and limitations as may be specified in the notification, \r\ndelegate all or any of its powers and functions under this Act as it may deem \r\nnecessary or expedient, to any authority or officer of that Government. \r\n72. Application of the Customs Act, 1969 .– All prohibitions and restrict ions \r\nimposed by or under this Ordinance on the import into, export from, Pakistan and \r\ntransshipment of narcotic drugs, psychotropic substances or controlled substances \r\nshall be deemed to be prohibitions and restrictions imposed by or under the Customs \r\nAct, 1969 (IV of 1969), and the provisions of this Act shall apply accordingly: \r\nProvided that, notwithstanding anything contained in the Custom Act, 1969 (IV \r\nof 1969), or any other law for the time being in force, all offences relating to narcotic \r\ndrugs, psych otropic substances or controlled substances shall be tried under the \r\nprovisions of this Act:  \r\nProvided further that where the Officers of Customs apprehends a person \r\ninvolved in any offence relating to narcotic drugs, psychotropic substances or \r\ncontrolled substances shall be empowered to carry out inquiry and investigation in the \r\nsame manner as an officer authorized under this Act. \r\n73. Saving of Provincial and special laws .– (1) Nothing contained in this Act or \r\nin the rules made thereunder shall affect the validity of any Federal or Provincial law \r\nfor the time being in force, or of any rule made thereunder which imposes any \r\nrestriction or provides for a punishment not imposed by or provided for under this Act \r\nor imposes a restriction or provides for a punish ment greater in degree than a \r\ncorresponding restriction imposed by or a corresponding punishment provided for by \r\nor under this Act for the cultivation of cannabis plant or consumption of, or traffic in, \r\nany narcotic drug or psychotropic substance within Pakistan or other similar matters. \r\n74. Application of other laws.– If an offence punishable under this Act, is also an \r\noffence in any other law for the time being in force, nothing in that law shall prevent \r\nthe offender from being punished under this Act: \r\nProvided that nothing contained in section 523 of the Code of Criminal \r\nProcedure, 1898 (Act V of 1898), or any other provision of the said Code or any other \r\nlaw for time being in force, the custody of narcotic drugs, psychotropic substances, \r\ncontrolled subst ances, any material utensils used for production or manufacture of \r\nsuch drugs or substances or any conveyance used in import, export, transport or \r\ntransshipment thereof or for commission of an offence under this Act, shall not be \r\ngiven on custody to the ac cused or any of his associate or relative or any private \r\nindividual till the conclusion of the case \r\n7\r\n[except as provided in the second proviso to \r\nsub-suction (2) of section 33]. \r\n75. Indemnity.– No suit, prosecution or other proceedings shall lie against th e \r\nFederal Government or Provincial Government or any officer of the Federal \r\nGovernment or of a Provincial Government for anything in good faith, done or \r\nintended to be done in pursuance of this Act or the rules made thereunder. \r\n76. Ordinance to override ot her laws .– The provisions of this Act shall have \r\neffect notwithstanding anything contained in any other law for the time being in force. \r\n77. Power to make rules.– (1) The Federal Government may, by notification in the \r\nofficial Gazette, make rules for carrying out the purposes of this Act. \r\n(2) In particular, and without prejudice to the generality of the foregoing \r\npower, such rules may provide for all or any of the following matters, namely:– \r\n(a) the administration, management and disposal of the property fo rfeited \r\nunder this Act; and  \r\n(b) terms and conditions of Special Prosecutors. \r\n78. Repeal and saving .– (1) The Opium Act, 1857 (XIII of 1857), the Opium Act, \r\n1878 (I of 1878), the Dangerous Drugs Act, 1930 (II of 1930), and the Control of \r\nNarcotic Substances Ordinance, 1997 (XLIII of 1997), are hereby repealed. \r\n(2) Notwithstanding the repeal of any law under sub -section (1), the repeal \r\nshall not, except as otherwise provided in this Act,– \r\n(a) affect the previous law or anything duly done or suffered there-under; \r\n(b) affect any right, privilege, obligation or liability acquired, accrued under \r\nsuch law; \r\n(c) affect any penalty, forfeiture or punishment incurred in respect of any \r\noffence committed against such law; \r\n(d) affect any investigation, legal proceedings or remedy in respect of any \r\nsuch right, privilege, obligation, liability, penalty, forfeiture or \r\npunishment; and \r\n(e) affect any such investigation, legal proceedings or remedy may be \r\ninstituted, continued or enforced or any such penalty, forfeiture or \r\npunishment which may be imposed, by the courts or authorities \r\ncompetent to investigate, try an offence under such law if the said law \r\nhad not been repealed. \r\n                                                 \r\n7Added by the Control of Narcotic Substances (Amendment) Ordinance, 2000 (LXVI of 2000) w.e.f.23.12.2000; and published \r\nin Gazette of Pakistan), part-I s.3. \r\nTHE SCHEDULE \r\n[See Section 2 (za)] \r\nPSYCHOTROPIC SUBTANCES \r\n International non- \r\nproprietary names \r\nOther non-\r\nproprietary or trivial \r\nnames \r\nChemical Name \r\n 1 2 3 \r\n1. AMFETAMINE amphetamine (+/-) -a-methylphenethylamine. \r\n2. AMOBARBITAL  5-ethyl-5-barbituric acid. \r\n3. ALLOBARBITAL  5,5-daillylabarturic acid. \r\n4. ALPRAZOLAM  8-chloro-1-methyl-6-phenyl-4H-s-\r\ntriazolo[4,3-a] [1,4] \r\nbenzodiazepine. \r\n5. AMFEPRAMONE  2-(diethylamino) propiophenone. \r\n6. BROLAMFETAMINE DOB (+/-)-4-bromo-2,5-dimethoxy-a- \r\nmethylphenethylamine. \r\n7. BUPRENORPHINE  21-cyclopropyl-7-a-[(S)-1-hydroxy-\r\n1,2,2-trimethylpropyl]-6,14-endo-\r\nethano-6,7,8,14-\r\ntetrahydrooripavine. \r\n8. BUTALBITAL  5-allyl-5-isobutylbarbituric acid. \r\n9. BARBITAL  5,5-diethylbarbituric acid. \r\n10. BENZFETAMINE benzphetamine N-benzyl-N,a-\r\ndimethylphenethylmine. \r\n11. BROMAZEPAM butobarbital 7-bromo-1,3-dihydro-5 (2-pyridyl) \r\n2H-1, 4 -benzodiazepin-2-one, 5 -\r\nbutyl-5-ethylbarbituric acid. \r\n12. CATHINONE DET \r\nDMA \r\n(-)-(S)-2 aminopropiophenone.  \r\n3-[2-(diethylamino) ethyl] indole. \r\n(+/-)2,5-dimethoxy-a-\r\nmethylphenethylamine. \r\n  DMHP 3-(1,2-dimethyheptyl)-7,8,9,10-\r\ntetrahydro-6,6,9-trimethyl-6H-\r\ndibenzo [b,d] pyran-1-01. \r\n13. CATHINE (+)-norpseudo \r\nephedrine. \r\n[DMT \r\n[DOET \r\n(+)-(R)-a-[(RO-1-aminoethyl] \r\nbenzylalcohol.  \r\n3-[2-dimethylamino)ethyl] indole.  \r\n(+/-)-4-ethyl-2,5-dimethoxy-a-\r\nphenethly-amine. \r\n14. CYCLOBARBITAL  5-(l-cychlohexen-l-yl)-5-\r\nethylbarbituric acid. \r\n15. CAMAZEPAM  7-chloro-1,3-dihydro-3-hydrosy-1-\r\nmethyl-5-phenyl-2H 1,4- \r\nbenzodiazepin-2-one \r\ndimethylcarbamate(ester). \r\n16. CHLORDIAZEPOXIDE  7-chloro-2-(methylmino)-5-phenyl-\r\n3H-1,4-benzodiazepine-4-oxide. \r\n17. CLOBAZAM  7-chloro-1-methyl-5-phenyl-1H-5- \r\nbenzodiazepine-2,4 (3H, 5H) \r\ndione. \r\n18. CLONAZEPAM  5-(O-chlorophgenyl)-1,3-dihydro-7-\r\nmitro-2H-1,4-benzodiazpine-2-\r\none. \r\n19. CLORAEPATE  7-chloro-2,3-dihydro-2-oxo-5-\r\nphenyl-1H-1-4-benzodiazepine-3-\r\ncarbxylic acid. \r\n20. CLOTIAZEPAM  5-(o-chlorphenyl)7-ethyl-1,3-\r\ndihydro-1-methyl-2H-thieno [2,3, -\r\ne)-1,4-diazepin-2-one. \r\n21. CLOXAZOLAM  10-chloro-11b-(O-chlorophenyl)-2-\r\n3,7,11b-tetraphydrooxazolo [3,2 -\r\nd][1,4]benzodiazepin-6(5H)-one. \r\n22. DEXAMPHETAMINE dexamphe (+)-a-methylphenethylamine. \r\n23. DELORAZEPAM  7-Chloro-5-(0-chlorophenyl)-1,3-\r\ndihydro-2H-1,4-bezodiazepin-2-\r\none. \r\n24. DIAZEPAM  7-chloro-1,3-dihydro-1-methyl-5-\r\nphenyl-2H-1,4-benzodiazepine-2-\r\none. \r\n25. ESTAZOLAM  8-chloro-6-penyl-4H-S-triazolo-\r\n[4,3-a][1,4] benzodiazepine. \r\n26. ETHCHLORVYNOL  l-chloro-3-ethyl-1-penten-4yn-3-01. \r\n27. ETHYL \r\nLOFLAZEPATE \r\n ethyl7-chloro-5-(0-flurophenyl)-2,3-\r\ndihydro-2-oxo-1H-1,4-\r\nbenzodiazepine-3-carboxylate. \r\n28. ETILAMFETAMINE N-ethylam-petamine N-ethyl-a-methylphenethylamine. \r\n29. ETHINAMATE  1-eithynycychlohexanol-\r\ncarbamate. \r\n30. ETICYCLIDINE PCE N-ethyl-1-\r\nphenylcychlohexylamine. \r\n31. FENETYLINE  7-[2-[a-methlyphenthyl)amino] \r\nethyle] theophylline. \r\n32. FENCAMFAMIN  N-ethyl-3-pheny 1 -2-\r\nnorbornanamine. \r\n33. FENPROPOREX  (+/-)-3-[(a-methylphenthyl) amino] \r\npropionitrile. \r\n34. FLUDIAZEPAM  7-chloro-5-(0-fluoropophenyl)-1,3-\r\ndihydro-1-methyl-2H-1,4-\r\nbenzodiazepin-2-one. \r\n35. FLUNITRAZEPAM  5-(0-fluorophenyl)-1, 3 -dihydro-1- \r\nmethyl-7-nitro-2H-1,4-\r\nbenzodiazepin-2-one. \r\n36. FLURAZEPAM  7-chloro-1-[2-diethylamino)ethyl]5-\r\n(0-fluorophenyl)-1,3-dihydro-2H-\r\n1,4-benzodiazepine-2-one. \r\n37. GLUTETHIMIDE  2-ethyl-2-phenylglutarimide. 4 -\r\nbenzodiazepin-2-one. \r\n38. HALAZEPAM  7-chloro-1,3-dihydro-5-phenyl-\r\n1(2,2,2-trifluoroethyyl)-2H-1,4-\r\nbenzodiazepin-2-one. \r\n39. HALOXAZOLAM  10-bromo-11b(0-fluorophenyl)-\r\n2,3,7,11b-tetrahydrooxazolo [3,2 -\r\nd][1,4] benzodiazepine-6(5H)-one. \r\n40. KETAZOLAM  11-chloro-8,12b-dihydro-2,8-\r\ndimethyl-12b-phenyl-4H-\r\n[1,3]oxazino[3,2,-\r\nd][1,4]benzodiazepine-4,7(6H)-\r\nclione. \r\n41. (+)-LYSERGIDE LSD, \r\nLSD-25 \r\nMDMA \r\nMescaline \r\n4-methyla- \r\nminorex \r\nMMDA \r\n \r\nN-ethyl \r\n \r\nN-hydroxy \r\n \r\nMDA \r\nParahexyl \r\n \r\nPMA \r\npsilcine, \r\npsilotsin \r\n9,10-didehydro-N,dietyl-6 \r\nmethylergoline-8B-Carboxamide. \r\n(+/-)-N,a-demethyl-3,4-\r\n(methylinendioxy)phenethylamine. \r\n3,4,5-trimethoxyphenethylamine. \r\n(+/-)-cis-2-amno-4-methyl-5-\r\nphenyl-2-oxazoline. \r\n2-methoxy-a-methyl-4,5-\r\n(methylylenedioxy) \r\nphyenthylamine.  \r\n(+/-)-N-ethyl-a-methyl-3-4-\r\nmethylendedioxy) phenethylamine.  \r\n(+/-)-N-[a-methyl-3,4-\r\n(methylendedioxy)  \r\nphenethyl]hydroxylamine. \r\n3-hexyl-7,8,9,10-tetrahydro-6,6,9-\r\ntrimethyl-6H-dibenzo [b,d] pyran-1-\r\n01. \r\np-methoxy-\r\namethylphenethylamine.  \r\n3-[2-(dimethylamino) ethyl] indol-4-\r\n01. \r\n42. LEFETAMINE SPA (-)-N,N-dimethyl-1,2 \r\ndiphenylethylamine. \r\n43. LOPRAZOLAM  6-(0-chlorophenyl)-2,4-dihydro-2-\r\n[(4-methyl-1-peperazinyl) \r\nmethylene]-8-nitro-1H-imidazo[1,2-\r\na][1,4] benzodiazepin-1-one \r\n44. LOPRAZEPAM  7-chloro-5-(0-chlorophenyl)-1,3-\r\ndihydro-3-hydroxy-2H-1,4-\r\nbenzodiazepin-2-one. \r\n45. LORMETAZEPAM  7-chloro-5-(0-chlorophenyl)-1,3-\r\ndihydro-3-hydroxy-1-methyl-2H-\r\n1,4-benzodiazepine-2-one. \r\n46. LEVAMFETAMINE levamphe- \r\ntamine \r\nlevometh-\r\namphetamine \r\n(-)(R)-a-\r\nmethylphetyphenethylamine. \r\n(-)-N,a-dimethylphenethylamine. \r\n47. METAFETAMINE metham- (+)-(S)-N,a-dimethylphethylamine. \r\nphetamine \r\n48. METAFETAMINE \r\nRACEMATE \r\nmethafetamine \r\nreecemate \r\n(+/-)-N,a-dimethylphethylamine. \r\n49. METHYLPHENIDATE  Methyl a-phenyl-2-\r\npiperidinoacetate. \r\n50. MEPROBAMATE  2-methyl-2-propyl-1,3-propanediol \r\ndicarbamate. \r\n51. METHAQUALONE  2-methyl-3-0-tolyl-4(3H)-\r\nquinazolinone. \r\n52. METHYLPHENOBA \r\nRBITAL \r\n 5-ethyl-1-methyl-5-phenyl-\r\nbarbituric acid. \r\n53. METHYPRYLON  3,3-diethyl-5-methyl-2,4-\r\npiperidine-dione. \r\n54. MAZINDOL  5-(p-chlorophenyl)-2,5-dihydro-3H-\r\nimidazo [2,1-a] isoindol-5-01. \r\n55. MEDAZEPAM  7-chloro-2,3-dihydro-1-methyl-5-\r\nphenyl-1H-1,4-benzodiazepine. \r\n56. MEFENOREX  N-(3-chloropropyl)-a-\r\nmethylphenethylamine. \r\n57. MIDAZOLAM**  8-chloro-6-(0-fluorophenyl)-1-\r\nmethyl-4H-imidazo[1,5-\r\na][1,4]benzodiazepine. \r\n58. NIMETAZEPAM  1,3-dihydro-1-methyl-7-nitro-5-\r\nphenyl-2H-1,4-benzodiazepine-2-\r\none. \r\n59. NITRAZEPAM  1,3-dihydro-7-nitro-5-phenyl-2H-\r\n1,4-benzodiazepin-2-one. \r\n60. NORDAZEPAM  7-chloro-1,3-dihydro-5-phenyl-2H-\r\n1,4-benzdiazepin-2-one. \r\n61. OXAZEPAM  7-chloro-1,3-dihydro-5-phenyl-2H-\r\n1,4-benzdiazepin-2-one. \r\n62. OXAZOLAM  10-chloro-2,3,7,11b-tetrahydro-2-\r\nmethyl-11b-phenyloxazolo [3,2 -\r\nd][1,4]bezodiazepin-6-(5H)-one. \r\n63. PHENCYCLIDINE PCP 1-(1-phencylcychlohenxyl) \r\npiperidine. \r\n64. PENTAZOSINE  (2R,6R,11R)-1,2,3,4,5,6-\r\nhexahydro-6,11-dimethyl1-3-(3-\r\nmethyl-2-butenyl)-2,6-methono-3-\r\nbenzazocin-8-01. \r\n65. PHENMETRAZINE  3-methyl-2-phenylmorpholine. \r\n66. PENTOBARBITAL  5-ethyl-5-(1-methylbutyl)barbituric \r\nacid. \r\n67. PHENOBARBITAL  5-ethl-5-phenyl barbituric acid. \r\n68. PIPRADROL  a,a-diphenyl-2-piperidinemethanol. \r\n69. PSILOCYBINE  3-(2dimethylamino)ethyl)-indol-4-\r\nyl-dihydrogen phosphate. \r\n70. PEMOLINE  2-amono-5-phenyl-2-oxazolin-4-\r\none(-2-imino-5-phenyl-4-\r\noxazolidinone). \r\n71. PHENDIMETRAZINE  (+)-(2s,3S)-3,4-dimethyl-2-\r\nphenylmorpholine. \r\n72. PHENTERMINE  a,a-dimethylphenethylamine. \r\n73. PINAZEPAM  7-chloro-1-cyclopropylmethyl)-1,3-\r\ndihydro-5-phenyl-2H-1,4-\r\nbenzodiazepin-2-one. \r\n74. PRAZEPAM  7-chloro-1-cyclopropylmethyl)-1,3-\r\ndihydro-5-phenyl-2H-1,4-\r\nbenzodiazepin-2-one. \r\n75. PYROVALERONE  4-methyl-2-(1-pyrrolidinyl) \r\nvalerophenone. \r\n76. POLICYCLIDINE PHP,PCPY \r\nSTP,DOM \r\n1-(1-phenylcyclohexyl)pyrrolidine \r\n2,5-dimethoxy-a,4-\r\ndimethylphenethylamine. \r\n77. SECOBARBITAL \r\nDelta-9- \r\nTetrahydrocannabinol \r\nand itsstero -chemical \r\nvariants. \r\n 5-allyl-5-(1-methylbutyl)barbituric \r\nacid. \r\n(6aR,10aR)-6a,7,8, 10a -\r\ntetrahydro-6,6,9-trimethyl-3-pentyl-\r\n6H-dibenzo [b,d] pyran-1-01. \r\n78. SECBUTABARBITAL  5-see-butyl-5-ethylbarbituric acid. \r\n79. TEMAZEPAM  7-chloro-1,3-dihydro-3-hydroxy-1-\r\nmethyl-5-phenyl-2H-1,4-\r\nbenzodiazepin-2-one. \r\n80. TETRAZEPAM  7-chloro-5-(1-cyclohexen-1-yl)-1,3-\r\ndihydro-1-methyl-2H-1,4-\r\nbenzodiazepin-2-one. \r\n81. TRIAZOLAM  8-chloro-6-(0-chlorophenyl)-1-\r\nmethyl-4H-s-\r\ntrizazolo[4,3a][1,4]benzodiazepine. \r\n82. TENAMFETAMINE MDA a-methyl-3,4-(methylenedioxy), \r\nphenethylamine. \r\n83. TENOCYCLIDINE TCP 1-[1-(2-thienyl)clohexyl] piperidine. \r\ntetrahydrocannabinol the \r\nfollowing isomer s and their \r\nstereochemical variants. \r\n   7,8,9,10-tetrahydro-6,6,9-\r\ntrimethyl-3-pentyl-6H-dibenzo[b,d] \r\npyran-1-01. \r\n(9R,10aR)-8,9,10,10a-\r\ntetraphydro-6,6,9-trimethyl-3-\r\npentyl-6H-dibenzo[b,d]pyran-1-\r\n01. \r\n(6aR,9R,10aR)6a,9,10a-\r\ntetrahydor-6,6,9-trimethyl-3-\r\npentyl-6H-dibenzo[b,d] pyran -1-\r\n01. \r\n(6aR,9R,10aR)-6a,7,10,10a-\r\ntetrahydro-6,6,9-trimethyl-3-\r\npentyl-6H-dibenzo [b,d] pyran -1-\r\n01. \r\n6a,7,8,9-tetrahydor-6,6,9-\r\ntrimethyl-3-pentyl-6H-dibenzo \r\n[b,d] pyran-1-01. \r\n(6aR, 10aR) -6a,7,8,9,10,10a-\r\nhexahydro-6,6,9-trimethyl-3-\r\npentyl-6H-dibenzo[b,d] pyran -1-\r\n01. \r\n84. VINYBITAL  5-(1-methylbutyl)-vinylbarbituric \r\nacid. \r\n85. MECLOQUALONE  3-(0-chlorophenyl)-2-methyl-\r\n4(3H)-quinazolinone.",
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