Legal Framework Narcotics Control

THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997 The Control of Narcotic Substances Act, 1997, is a pivotal piece of legislation in Pakistan that is aimed at regulating and controlling the production, trafficking, and use of narcotic substances. Enacted in 1997, this act provides a comprehensive legal framework to combat the illicit drug trade and address the public health and social issues associated with narcotics. In this introduction, we will explore the historical context, key objectives, and legal significance of this act.       Sections Contents   Preamble     CHAPTER I PRELIMINARY   1. Short title, extent and commencement   2. Definitions   3. Calculation of percentages in liquid preparations     CHAPTER II PROHIBITION AND PUNISHMENT   4. Prohibition of cultivation of narcotic plants   5. Punishment for contravention of section 4   6. Prohibition of possession of narcotic drugs etc   7. Prohibition of import or export of narcotic drugs, etc   8. Prohibition on trafficking or financing the trafficking of narcotic drugs etc   9. Punishment for Contravention of Sections 6, 7 and 8   10. Prohibition on owning, operating premises or machinery for manufacture of narcotic drugs, etc   11. Punishment for contravention of Section 10   12. Prohibition of acquisition and possession of assets derived from narcotic offences   13. Punishment for contravention of section 12   14. Prohibition on aiding, abetment or association in narcotic offences   15. Punishment for contravention of Section 14   16. Punishment for offence for which no punishment is provided   17. Obstructions to officers   18. Limit of fine, etc   19. Forfeiture of assets of an offender     CHAPTER III SEARCH AND INVESTIGATION   20. Power to issue warrants   21. Power of entry, search, seizure and arrest without warrant   22. Power to seizure and arrest in public places   23. Power to stop and search conveyance   24. Undercover and controlled delivery operations   25. Mode of making searches and arrest   26. Punishment for vexatious entry, search, seizure or arrest   27. Disposal of persons arrested and articles seized   28. Powers to invest officers of law enforcement agencies with powers of an officer-in-charge of a police station   29. Presumption from possession of illicit articles   30. Presumption as to documents in certain cases   31. Power to call for information   32. Articles connected with narcotics   33. Procedure for making confiscation   34. Federal Narcotics Testing laboratory, etc   35. Government Analyst   36. CHAPTER IV FREEZING AND FORFEITURE OF ASSETS   37. Freezing of assets, etc   38. Tracing of assets   39. Order for forfeiture of assets   40. Forfeiture of assets of person convicted abroad   41. Prohibition of alienation of freezed property   42. Punishment for acquiring property in relation to which proceedings have been taken under this Act.   43. Power to take possession   44. Management of assets frozen or forfeited under the Act     CHAPTER V SPECIAL COURTS   45. Jurisdiction to try offences   46. Establishment of Special Courts   47. Application of the Code of Criminal Procedure, 1898   48. Appeal   49. Transfer of cases   50. Special Prosecutor   51. No bail to be granted in respect of certain offences     CHAPTER VI TREATMENT AND REHABILITATION OF ADDICTS   52. Registration of addicts   53. Powers of the Government to establish centers for treatment of addicts     CHAPTER VII NATIONAL FUND FOR CONTROL OF DRUG ABUSE   54. National fund for control of drug abuse   55. Annual Report of the activities financed out of the Fund     CHAPTER VIII INTERNATIONAL CO-OPERATION   56. Authority to make and act on mutual legal assistance requests   57. Mutual legal assistance requests by Pakistan   58. Foreign requests for assistance   59. Foreign requests for an evidence-gathering order or a search warrant   60. Foreign requests for assistance from detained persons   61. Foreign persons in Pakistan in response to a Pakistan request   62. Foreign requests for Pakistan restraining orders   63. Requests for enforcement of foreign confiscation or restraining orders   64. Requests to recover foreign fines   65. Sharing forfeited property with foreign States   66. Extradition     CHAPTER IX GENERAL   67. Reporting of suspicious financial transactions   68. Presumption to the assets acquired through dealing in narcotics   69. Departments to render assistance to the Special Courts, etc   70. Notice or order not to be invalid for error in description   71. Delegation   72. Application of the Customs Act, 1969   73 Saving of provincial and special laws   74 Application of other laws   75 Indemnity   76 Ordinance to override other laws   77 Power to made rules   78 Repeal and saving     THE SCHEDULE         THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997   ACT NO. XXV OF 1997   11th July, 1997] An Act to consolidate and amend the laws relating to narcotic drugs and psychotropic substances   The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 7th July, 1997 is hereby published for general information:- WHEREAS It is expedient to consolidate and amend the laws relating to narcotic drugs, psychotropic substances, and control the production, processing and trafficking of such drugs and substances; AND WHEREAS it is expedient to regulate the treatment and rehabilitation of narcotic addicts and for matters connected therewith and incidental thereto; It is hereby enacted as follows: —   CHAPTER I PRELIMINARY   Short title, extent and commencement.-(1) This Act may be called the control of narcotic Substances Act, 1997. It extends to the whole of Pakistan. It shall come into force at once.   Definitions.-In this Act, unless there is anything repugnant in the subject or context,— (a)     “addict” means a person physically or mentally dependent on any narcotic drug or psychotropic substance or a person who habitually uses narcotic drugs or psychotropic substances; (b)     “assets” means any