The Control of Narcotic Substances Act, 1997

THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997 1ACT NO. XXV OF 1997 An Act to consolidate and amend the laws relating to narcotic drugs and psychotropic substances WHEREAS it is expedient to consolidate and amend the laws relating to narcotics drugs, psychotropic substances, 2[controlled substances] and control the production, processing and trafficking of such drugs and 2[to provide for forfeiture of property derived from or used in illicit traffic in narcotic drugs, psychotropic substances and controlled substances and to implement the provisions of the international conventions on narcotic drugs, psychotropic substances and controlled substances]. AND WHEREAS it is expedient to regulate the treatment and rehabilitation of narcotic addicts and for matters connected therewith and incidental thereto; It is hereby enacted as follows :___

• Schedule I: Schedule I (Psychotropic Substances) [See Section 2(za)]
• Schedule Ii: Schedule II (Precursor Chemicals, Divisions I-II -- Tables I-II of the 1988 Convention) [see section 2(k)]

I — Preliminary

• Section 1: Short title and commencement
• Section 2: Definitions
• Section 3: Calculation of percentages in liquid preparations

II — Prohibition and Punishment

• Section 4: Prohibition of cultivation of narcotic plants
• Section 5: Punishment for contravention of section 4
• Section 6: Prohibition of possession of narcotic drugs, etc.
• Section 7: Prohibition of import or export of narcotic drugs, etc.
• Section 8: Prohibition on trafficking or financing the trafficking of narcotic drugs etc.
• Section 9: Punishment for contravention of sections 6, 7 and 8
• Section 10: Prohibition on owning, operating premises or machinery for manufacture of narcotic drugs, etc.
• Section 11: Punishment for contravention of section 10
• Section 12: Prohibition of acquisition and possession of assets derived from narcotic offences
• Section 13: Punishment for contravention of section 12
• Section 14: Prohibition on aiding, abetment or association in narcotic offences
• Section 15: Punishment for contravention of section 14
• Section 16: Punishment for offence for which no punishment is provided
• Section 17: Obstructions to officers
• Section 18: Limit of fine, etc.
• Section 19: Forfeiture of assets of an offender

III — Search and Investigation

• Section 20: Power to issue warrants
• Section 21: Power of entry, search, seizure and arrest without warrant
• Section 22: Power to seizure and arrest in public places
• Section 23: Power to stop and search conveyance
• Section 24: Undercover and controlled delivery operations
• Section 25: Mode of making searches and arrest
• Section 26: Punishment for vexatious entry, search, seizure or arrest
• Section 27: Disposal of persons arrested and articles seized
• Section 28: Powers to invest officers of law enforcement agencies with powers of an officer-in-charge of a police station
• Section 29: Presumption from possession of illicit articles
• Section 30: Presumption as to documents in certain cases
• Section 31: Power to call for information
• Section 32: Articles connected with narcotics
• Section 33: Procedure for making confiscation
• Section 34: Federal Narcotics Testing Laboratory, etc.
• Section 35: Government Analyst
• Section 36: Reports of Government Analysts

IV — Freezing and Forfeiture of Assets

• Section 37: Freezing of assets, etc.
• Section 38: Tracing of assets
• Section 39: Order for forfeiture of assets
• Section 40: Forfeiture of assets of person convicted abroad
• Section 40A: Jurisdiction of special court
• Section 41: Prohibition of alienation of freezed property
• Section 42: Punishment for acquiring property in relation to which proceedings have been taken under this act
• Section 43: Power to take possession
• Section 44: Management of assets frozen or forfeited under the Act

IX — General

• Section 67: Reporting of suspicious financial transactions
• Section 68: Presumption to the assets acquired through dealing in narcotics
• Section 69: Departments to render assistance to the Special Courts, etc.
• Section 70: Notice or order not to be invalid for error in description
• Section 71: Delegation
• Section 72: Application of the Customs Act, 1969
• Section 73: Saving of Provincial and special laws
• Section 74: Application of other laws
• Section 74A: Power to amend Schedules
• Section 75: Indemnity
• Section 76: Act to override other laws
• Section 77: Power to make rules
• Section 78: Repeal and saving

V — Special Courts

• Section 45: Jurisdiction to try offences
• Section 46: Establishment of Special Courts
• Section 47: Application of the Code of Criminal Procedure, 1898
• Section 48: Appeal
• Section 49: Transfer of cases
• Section 49A: Remand
• Section 50: Special Prosecutor
• Section 51: No bail to be granted in respect of certain offences

VI — Treatment and Rehabilitation of Addicts

• Section 52: Registration of addicts
• Section 53: Powers of the Government to establish centers for treatment of addicts

VII — National Fund for Control of Drug Abuse

• Section 54: National fund for control of drug abuse
• Section 55: Annual Report of the activities financed out of the Fund

VIII — International Co-operation

• Section 56: Authority to make and act on mutual legal assistance requests
• Section 57: Mutual legal assistance requests by Pakistan
• Section 58: Foreign requests for assistance
• Section 59: Foreign requests for an evidence-gathering Order or a search warrant
• Section 60: Foreign requests for assistance from detained persons
• Section 61: Foreign persons in Pakistan in response to a Pakistan request
• Section 62: Foreign requests for Pakistan restraining orders
• Section 63: Requests for enforcement of foreign confiscation or restraining orders
• Section 64: Requests to recover foreign fines
• Section 65: Sharing forfeited property with foreign States
• Section 66: Extradition