THE ANTI NARCOTICS FORCE ACT, 1997

The Anti Narcotics Force Act, 1997, is a crucial piece of legislation in Pakistan aimed at combatting the illegal drug trade and drug-related crimes. It establishes the Anti Narcotics Force (ANF), a specialized law enforcement agency dedicated to the prevention, detection, and investigation of narcotics-related offenses. This act plays a pivotal role in addressing the adverse social, health, and security consequences associated with drug trafficking and abuse, and it underscores Pakistan’s commitment to international efforts to combat the illicit drug trade

PREAMBLE.

1 Short title and commencement

2 Definitions

3 Constitution of the Force

4 Superintendence and administration of the Force

5 Functions of the Force

6 Power of the members of the Force

7 Wearing of Uniform

8 Punishment

9 Grounds of punishment

10 Authority to award punishment

11 Terms of service

12 Conduct and Discipline

13 Members to serve anywhere

14 Members as public prosecutors

15 Delegation of powers

16 Indemnity

17 Power to make rules

SCHEDULE.

Section 9

Authorities to award punishment

ANTI‑NARCOTICS FORCE ACT, 1997

ACT No.III OF 1997

An Act to provide for the constitution of Anti‑Narcotics Force

WHEREAS it is expedient to provide for the constitution of a Force for the purpose of inquiring

into, and investigating offences relating to narcotics and Narcotics Trafficking and for matters

connected therewith or incidental thereto;

It is hereby enacted as follows:

Short title and commencement.__

(1) This Act may be called the AntiNarcotics Force Act,

1997.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

Definitions. In this Act, unless there is anything repugnant in the subject or context,__

(a) “Code” means the Code of Criminal Procedure, 1898, (Act V of 1898);

(b) “Director‑General” means the Director General of the Force;

(d) “narcotics” includes narcotic, drugs, psychotropic substances and controlled substances as

defined in the Control of Narcotic Substances Ordinance, 1996, (XCIV of 1996)

(e) “police” means a policeforce constituted by the Federal Government or Provincial

Government under the Police Act, 1861 (V of 1861).

(f) .”prescribed” means prescribed by rules under this Act; and

(g) “rules” means rules made under this Act.

1This Act shall apply to FATA vide S.R.O.No. 489(1)/98, dated 2651998, with certain condition.

(2) The words and expressions used but not defined herein shall have the same meaning as

assigned to them in the Control of Narcotic Substances Ordinance, 1996, (XCIV of 1996).

Constitution of the Force.__

(1) Notwithstanding anything contained in any other law for the

time being in force, the Federal Government may constitute a Force to be called the Anti Narcotics

Force.

(2) The Force shall consist of a Director‑General to be appointed by the Federal Government and

such number of other officials as the Federal Government may, from time to time, appoint to be

members of the Force.

(3) On commencement of this Act, the Pakistan Narcotics Control Board constituted under the

Government of Pakistan, Planning Division’s Resolution, dated the 8th March, 1973, and

Anti‑Narcotics Task Force constituted under the Anti Narcotics Task Force Ordinance, 1994,

(LXXVI of 1994) shall stand merged and all personnels, including officers, ministerial staff and the

contingent staff of the said Board and Task Force shall, subject to the provisions of section 11 become

members of the Force and be governed in accordance with this Ordinance and the rules made

thereunder.

(4) The Force shall for all intents and purposes be successor of Pakistan Narcotics Control Board

and Anti‑Narcotics Task Force in respect of all cases, inquiries, investigation, assets, liabilities, rights,

obligations and privileges and matters related thereto or connected therewith.

(5) Notwithstanding anything contained in the General Clauses Act, 1897, (IV of 1897). anything

done or action taken before the commencement of this Act, under the Anti Narcotics Task Force

Ordinance, 1994 (LXXVI of 1994), or otherwise by the Pakistan Narcotics Control Board in so far it

is not inconsistent with the provisions of this Act shall be deemed to have been done or taken under

this Act.

Superintendence and administration of the Force.__

(1) The superintendence of the Force

shall vest in the Federal Government.

(2) The Administration of the Force shall vest in the Director‑General who shall exercise in

respect of the Force all powers of an Inspector‑General of Police under the Police Act, 1861, (V of

1861). and all other powers under the Act.

(3) In case of any officers and members from the Armed Forces, the Director‑General shall have

all powers conferred by or under the Pakistan Army Act, 1952, (XXXIX of 1952). the Pakistan Air

Force Act, 1953, (VI of 1953). and the Pakistan Navy Ordinance, 1961, (XXXVI of 1961).

respectively as an officer empowered to convene a General Court Martial:

Provided that such powers shall be exercised only by the DirectorGeneral who is in the regular

service of any of the Armed Forces.

Functions of the Force. The Force shall

(a) inquire into, investigate and prosecute all offences relating to, or connected with,

preparation, production, manufacture, transportation, illicit trafficking or smuggling of

intoxicants, narcotics and chemical precursors or reagents used in the manufacture of

narcotics or any offence committed in the course of the same transaction under any law

for the time being in force, including an attempt or conspiracy to commit, or any

abetment of, any such offence, or any offence committed under the Control of Narcotics

Substances Ordinance, 1996 (XCIV of 1996) or the Prohibition (Enforcement of Hadd)

Order, 1979 (P.O. 4 of 1979);

(b) trace and freeze the assets;

narcotics and to collect information from all national and international enforcement

agencies about illicit narcotic traffic and traffickers;

(d) maintain liaison with all national or international narcotics authorities, organisations,

bodies, associations and societies and represent Pakistan in such conferences, seminars

and workshops arranged by any such organization on narcotics related matters;

(e) arrange and co‑ordinate training of own staff and members of other enforcement agencies

in various aspects of narcotics enforcement;

(f) co‑ordinate the project and schemes for elimination and destruction of poppy cultivation;

and

(g) perform any other related functions which may be assigned to it by the Federal

Government.

Power of the members of the Force.__

(1) The members of the Force shall, for the purpose of

any inquiry or investigation under this Act, have throughout Pakistan such powers, including the

powers relating to search, arrest of persons and seizures of property, and such duties, privileges

and liabilities as a policeofficer has in respect of offences under the Code or any other law for

the time being in force.

(2) Save when the Director‑General otherwise direct, a member of the Force, not below the rank

of an Inspector may, for the purpose of any inquiry or investigation under this Act, exercise all the

powers of an officerincharge of a policestation in any area in which he is for the time being and,

when so exercising such powers, shall be deemed to be the officerincharge of a policestation

discharging his functions as such within the limits of his station.

(3) Without prejudice to the generality of the provisions of subsection (1) and subsection (2),

any member of the Force not below the rank of Inspector, authorized by the Director‑General in this

behalf, may arrest without warrant any person who has committed or against whom a reasonable

suspicion exists that he has committed any of the offences relating to narcotics referred to in clause

(a) of section 5.

(4) Notwithstanding anything contained in any other law for the time being in force, a member of

the Force not below the rank of Inspector authorised by the Director‑General, may inquire,

investigate and trace the assets of a person who has committed an offence referred to in clause (a) of

section 5 or when in his opinion, there is a reasonable suspicion that the said assets were acquired

through illicit involvement in narcotics, and may, for this purpose, require a bank or other financial

institution or departments, whether under the control of Government or otherwise to furnish such

information as he may specify.

(5) If in the opinion of a member of the Force, conducting an inquiry investigating or tracing any

assets under subsection (4), which is likely to be removed, transferred or otherwise disposed of, such

member may, notwithstanding anything contained in any other law for the time being in force, by

order in writing direct the owner or any person who is for the time being in possession thereof, not to

remove, transfer, or otherwise dispose of such property in any manner except with the previous

permission of that member and such order shall be subject to any order made by the Court having

jurisdiction in the matter.

(6) Any contravention of any order made under subsection (4) or (5) shall be punishable with

rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

(7) Any member of the Force may, in performance of its functions and exercise of powers as may

be prescribed, seek assistance from all officers of police, customs, excise, Federal Investigation

Agency or any other investigation agency or authority or civil armed forces.

(8) Notwithstanding anything contained in any other law for the time being in force, the Federal

Government may, in respect of any case registered by, or under investigation of, police customs,

excise, Federal Investigation Agency or any other investigation agency or authority, by order in

writing, entrust inquiry or such investigation to the Force, and thereupon the police, customs, excise,

Federal Investigation Agency or any other investigation agency or authority shall transfer the record

of the case to the Force.

(9) The Force may, in accordance with the law, establish as many policestations as are required

for the efficient functioning of the Force and all PoliceStations of Anti‑Narcotics Task Force and

Pakistan Narcotics Control Board shall be deemed to be the police stations of the Force.

Explanation.__For the purpose of this Act, the expression “police station” means and includes

any place declared as such, by the Federal Government or a Provincial Government to be a police

station within the meaning of the Code.

Wearing of Uniform. All members, excluding ministerial staff of the Force, employed on

enforcement duties shall wear such uniform as may be prescribed.

Punishment.__

(1) The following minor and major punishments shall be awarded to the officers

and members of staff of the Force, namely:__

(a) Minor Punishments:

(i) Censure;

(ii) forfeiture of approved service up to two years;

(iii) withholding of promotion up to one year;

(iv) stop of increment for a period not exceeding three years without cumulative

effect;

(v) fine to any amount not exceeding one month’s pay;

(vi) confinement to quarters for a term not exceeding fifteen days, with or without

punishment, drill, extra guard, fatigue other duty; and

(vii) extra drill not exceeding fifteen days, fatigue or other duties.

(b) Major Punishments:

(i) Reduction in rank;

(ii) compulsory retirement;

(iii) removal from service; and

(iv) dismissal from service

(2) Removal from service does not, but dismissal from service does, disqualify for future

employment.

(3) In this section, removal or dismissal from service does not include the discharge of person

(a) appointed on probation, during the period of probation or in accordance with probation or

training rules applicable to him; or

(b) appointed, otherwise than under a contract, to hold a temporary appointment on the

expiration of the period of appointment; or

Grounds of punishment. Where, a member, in the opinion of the Authority:__

(a) is inefficient or has ceased to be efficient; or

(b) is guilty of misconduct; or

(i) he is, or any of his dependents or any other person claiming through him, or on his

behalf is, in possession (for which he cannot reasonably account) of pecuniary

resources or any property disproportionate to his known sources of income; or

(ii) he has assumed a style of living beyond his ostensible means; or

(iii) he has a reputation of being corrupt, or

(d) he is engaged, or is reasonably suspected of being engaged in subversive or narcotics

activities, or is reasonably suspected of being associated with those engaged in subversive

or narcotics

activities or is guilty of disclosure of official secrets to any unauthorised person, and his retention

in service is, therefore, prejudicial to national security and interest of State, the, authority may impose

on him one or more punishments specified in subsection (1) of section 8.

Authority to award punishment. The authorities to award punishment under section 8 are

specified in the Schedule to this Act.

(1) All personnels upto the rank of Inspector and their equivalent in the

ministerial staff of the Force may elect to be governed by the existing terms of service applicable to

them and such option shall be sent to the Director‑General, of the Force within such period as may be

decided by the Director‑General failing which they shall be deemed to have opted to serve under this

Act.

(2) The personnels not opting to serve in accordance with the terms of this Act may, at the

discretion of the Director‑General, be placed at the disposal of Federal Government for adjustment

elsewhere.

Conduct and Discipline.__

(1) The police Act, 1861, (V of 1861). the Police Rules, 1934, and

the Punjab Police (Efficiency and Discipline) Rules, 1975, shall, mutatis mutandis, be applicable to

all members up to the rank of an Inspector, if not inconsistent with the provisions of this Act or where

operation of any provision thereof is excluded by the Director‑General by a specific order made in

this behalf.

(2) Subject to subsection (1), all members of the Force, including the ministerial staff except

those on deputation from the armed forces, shall be governed by the Civil Servants Act, 1973, (LXXI

of 1973). and rules made thereunder.

Members to serve anywhere. Every member of the Force shall be deemed to be always on

duty and be liable to serve anywhere within or without Pakistan.

Members as public prosecutors. Notwithstanding anything contained in the Code, all

Directors, Deputy Directors and Assistant Directors of the Force, shall be exofficio public

prosecutors in respect of all offences relating to narcotic and specified in clause (a) of section 5, for

trial before the Special Court or any other Court when so directed by the Director‑General and may

conduct the proceedings in the said Court and deal with any matter connected therewith or ancillary

thereto.

Delegation of powers.__The Director‑General may, by order in writing, direct that all or any

of his powers under this Act or the rules shall,

subject to such conditions, if any, as may be specified in the order, be exercisable by any member

of the Force.

Indemnity. No suit, prosecution, or other proceedings shall lie against the Federal

Government, Provincial Government, Director‑General or any member of the Force or any other

person exercising any power or performing any function under this Act, or the rules made thereunder

for anything which is done in good faith or intended to be done under this Act or the rules.

Power to make rules.__

(1) The Federal Government may, by notification in the Official

Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:__

(a) the terms and conditions of service of the Director‑General and other members of the

Force and the qualifications for recruitment to various posts;

(b) the powers and functions of the members of the Force in relation to the conduct of

inquiries and investigations; and

for rendering commendable service.

SCHEDULE

(Section 9)

Authorities to Award Punishment

S.No. Punishment Inspector or

equivalent

grade

SubInspector/Assistant

SubInspector or

equivalent or a

grade between

ASI/Head

Constable

Head

Constable or

equivalent

grade or a

grade

between

Head

Constable

and

Constable

Constable or

equivalent or

lower grade

1 Extra Drill not

exceeding 15 days

Fatigue or other

duties.

Dy. Director Asstt. Director

2 Confinement to

quarter

upto 15 days.

Dy. Director Asstt. Director

3 Censure. Director Director Dy. Director Asstt. Director

4 Forfeiture of

approved Director

service upto 2

years.