KP Cnsa 2019
KP Cnsa 2019
KP Cnsa 2019
An
Act
to provide for the control of narcotic substances, narcotic drugs
and psychotropic substances in order to eliminate the evils of these
substances, more effectively and more forcefully for socioeconomic
well being of the people of the Province of the Khyber Pakhtunkhwa.
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.---(1) This Act may be called the
Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019.
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(h) ―coca bush‖ means the plant of any species of the genus
erythroxylon;
(i) crude cocaine i.e. any extract of coca leaf which can be
used, directly or indirectly, for the manufacture or
production of cocaine;
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(i) the leaf of the coca bush except a leaf from which all
ecgonine, cocaine or any other ecgonine alkaloids have
been removed; and
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(z) ―narcotic drug‖ means coca leaf, cannabis, heroin, opium, and
all manufactured drugs;
(i) poppy straw, that is to say, all parts of the poppy plant
(papaversomniferum or any other species of papaver)
after moving, other than the seeds;
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(ap) ―tracing‖ means the finding out the true nature, source,
disposition, movement or ownership of assets and includes
determining the movement or conversion of assets by any
means; and
(3) The officers and members of the staff mentioned in sub-section (2)
shall be civil servants within the meaning of the Khyber Pakhtunkhwa Civil
Servants Act, 1973 (Khyber Pakhtunkhwa Act No. XVIII of 1973).
CHAPTER -II
PROHIBITION AND PUNISHMENT
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any narcotic substances, save in accordance with the conditions provided in the
proviso of section 4 of this Act.
(b) imprisonment, which may extend upto three years and with
fine which may extend upto rupees one lac but shall not be less
than rupees fifty thousand, if the quantity of the narcotic
substance exceeds fifty grams but does not exceeds one
hundred grams;or
(c) imprisonment, which may extend upto seven years and with
fine, which may extend upto rupees three lacs but shall not be
less than rupees one lac, if the quantity of the narcotic
substance exceeds one hundred grams but does not exceed one
kilogram; or
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(2) In case of non-payment of fine, as specified in clauses (a), (b), (c) and
(d) of sub-section (1), the accused shall undergo for further imprisonment for such
term as the Special Court may deem fit.
(a) imprisonment, not less than seven (07) years and shall also be
liable to fine not less than rupees three (03) lac, if the quantity
of methamphetamine does not exceed 100 grams;
(b) imprisonment, not less than ten (10) years and shall also be
liable to fine not less than rupees five (05) lac, if the quantity
of methamphetamine exceeding 100 grams, but does not
exceed one (01) kilogram; and
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Explanation: For the purpose of this section, a person shall be deemed to have
associated with, conspired, aided, abetted, facilitated, incited, induced or counseled
an offence within the meaning of this section if he does anything in a place beyond
the Province which-
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20. Limit of fine, etc.---Where for any offence under this Act no amount of
maximum or minimum fine has been fixed, the Special Court shall impose the fine
keeping in view the quality and quantity of the narcotic substances and
methamphetamine, involved in commission of such offence.
21. Offence cognizable and non-bailable.---All the offences under this Act
shall be cognizable and non-bailable.
CHAPTER -III
SPECIAL COURTS
(2) There shall be two classes of Special Courts to try offences under this
Act, namely:
(a) Special Courts having the power to try all offences, except as
referred in clause (a) of section 9 and clause (a) of section 11
of this Act; and
23. Jurisdiction to try offences.---The Special Court shall have the exclusive
jurisdiction to try all offences cognizable under this Act.
24. Appeal.---An appeal, under this Act, shall be made against the decision of
the Special Courts in the following manner:
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25. Transfer of cases.---(1) Where more Special Courts than one are established
within the territorial jurisdiction of Peshawar High Court, it may, by order in
writing, transfer a case, at any stage, from one Special Court to another Special
Court, in accordance with section 526 of the Code, as if the Special Court was a
Court of Sessions.
(2) On the establishment of Special Courts under section 22, all cases
where the sentence of an offence is two years or less, shall stand transferred to the
respective Special Courts comprising a Judicial Magistrate and all other cases to the
respective Special Courts comprising of District and Sessions Judges or Additional
District and Sessions Judges of the district concerned.
CHAPTER -IV
WARRANT OF SEARCH AND ARREST
AND INVESTIGATION
Provided that the officer, to whom a search warrant is issued, shall, in case
of a dwelling house, be accompanied by lady constables and an opportunity to the
women of such dwelling house shall be given to observe pardah in order to
maintain the dignity and modesty of the women and dwelling house.
28. Power of entry, search, seizure and arrest without warrant.---(1) Where
an authorized officer, who from his personal knowledge or from information given
to him by any person, is of opinion that any narcotic substance is kept or concealed
in any building, place, premises, dwelling house or conveyance and warrant for the
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search or arrest cannot be obtained from the Special Court against such person
without affording him an opportunity for the concealment of evidence or facility for
his escape, such officer may-
(a) enter into any such building, place, premises, dwelling house
subject to the proviso of sub-section (1) of
section 27 of this Act;
(b) break open any door and remove any other obstacle to such
entry in case of resistance;
(d) search and, if he thinks proper, arrest any person whom he has
reason to believe to have committed an offence punishable
under this Act.
(2) Before or immediately after taking any action under sub-section (1),
the authorized officer, mentioned in sub-section (1), shall record the grounds and
basis of his information and take immediate necessary action and forthwith send a
copy of the same to the Director or as the case may be, to the Regional Police
Officer.
29. Power ofseizure and arrest in public places.---An authorize officer, under
this Act shall-
(b) search and arrest any person whom he has reason to believe to
have committed an offence punishable under this Act.
(a) search and examine the conveyance, person and goods or part
thereof laying in such conveyance;
(b) seize the narcotic substances recover during search and arrest
the accused; and
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31. Mode of making searches and arrest. ---The provisions of the Code,
except those of section 103, shall, mutatis mutandis, apply to all searches and
arrests:
Provided that section 103 of Code shall, in case of search of dwelling house,
be strictly observed.
shall be punished with imprisonment for a term which may extend to three years
and shall also be liable to fine which may extend to rupees one lac but shall not be
less than rupees fifty thousand.
33. Disposal of articles seized and person arrested.---(1) Any person arrested
and articles seized under this Act, shall be produced, within twenty-four (24) hours
of the arrest or seized,before the Special Court by whom the warrant was issued.
(a) call for information from any person for the purpose of
satisfying himself whether there has been any contravention of
the provisions of this Act or rules made thereunder; or
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CHAPTER-V
TRACING, FREEZING, FORFEITURE AND
CONFISCATION OF ASSETS
35. Freezing of assets, etc.---(1) Where the Special Court, trying an offence
punishable under this Act, is satisfied that there appear reasonable grounds for
believing that the accused has committed such an offence, it may order the freezing
of the assets of the accused, his relatives and associates.
(4) The actions referred to in sub-sections (1) and (2) may include any
inquiry, investigation or survey in respect of any person, premises, place, property,
conveyance, documents and books of accounts.
37. Order for forfeiture of assets.---(1) Where the Special Court convicts an
accused under this Act, the Director or Regional Police Officeror an authorized
officer may request the said court by an application in writing alongwith a list of the
assets of the convict or, as the case may be, his associates, relatives or any other
person holding or possessing such assets on his behalf, for forfeiture thereof.
(2) Where the Special Court is satisfied that any assets specified in the
list referred to in sub-section (1) were derived, generated or obtained in
contravention of this Act, it may order that such assets shall stand forfeited to the
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Provided that no order under this section shall be made without issuing a
notice to show cause and providing a reasonable opportunity of being heard to the
person being affected by such order:
(2) The Special Court shall presume, upon the production of any
document purporting to be a certified copy of a foreign judgment that such
judgment was pronounced by a court of competent jurisdiction, unless the contrary
appears on the record, but such presumption may be displaced by proving want of
jurisdiction:
(d) has not been made in contravention of any law in force in Pakistan;
(e) has assumed finality through appeal, revision or review and is not
sub-judiced before any appellate forum:
Provided further that no order under this section shall be made without
providing an opportunity of being heard to such citizen:
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relatives from alienating such assets by lease, sale, gift, transfer or in any other
manner.
Explanation.---For the purpose of this section, the expression ―Court‖ means the
High Court of the Province where the assets or any part thereof are located.
(2) Any person who knowingly alienates or transfers any assets in respect
whereof an order has been made under section 35 or section 38 shall be guilty of an
offence punishable, on conviction, with imprisonment for a term which may extend
to three years, or with fine, or with both.
(2) If any person refuses or fails to comply with a direction issued under
subsection (1), the Special Court may require the Regional Police Officer concerned
where such assets are located to provide Police assistance to the Administrator of
securing a possession thereof, and it shall be the duty of the Regional Police
Officerto comply with such requisition.
(2) The Administrator appointed under sub-section (1), shall take such
actions and exercise such powers as Government may direct for the maintenance
and disposal of the assets which are frozen or forfeited to Government.
CHAPTER –VI
ESTABLISHMENT OF THE ACADEMY, FORENSIC AND SCIENCE
LABORATORIES, CENTERS AND FUNDS FOR TREATMENT OF
ADDICTS AND CONTROL OF DRUG ABUSE
43. The Academy.---As soon as, after the commencement of this Act,
Government shall establish an Academy, under its administrative control, to be
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Provided that till the establishment of Excise Police Station, the existing
District officers of the Directorate-General shall perform the functions of Excise
Police Station.
(2) An authorized officer may, investigate any case registered under this
Act, in the area of his jurisdiction and may exercise the powers of investigation
provided in Chapter 14 of the Code.
CHAPTER –VII
MUTUAL CO-OPERATION
AND ASSISTANCE
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(d) confiscate articles and forfeit assets, to the extent to which the
articles or assets, as the case may be, are believed to be located
in the Islamabad capital territory or other Province, as the case
may be;
(a) give the name of the authority concerned with the criminal
matter to which the request relates;
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(h) state, where applicable, the grounds for believing that the
relevant assets or things to be traced, frozen or seized are
located in the Province; and
(i) contain any other information that may assist in giving effect
to the request.
(2) The Special Court, upon an application made under sub-section (1),
may issue a search warrant or an evidence-gathering order, as the case may be,
where it is satisfied that there are reasonable grounds to believe that-
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Explanation.---For the purpose of this section the expression ―fine‖ shall include
any pecuniary penalty determined by the court of competent jurisdiction of the
Federal Government or other Province, as the case may be, based on the value of
any property, benefit, advantage, obtained or derived directly or immediately as a
result of the commission of an offence relating to narcotic substances.
CHAPTER –IX
GENERAL
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56. Aid and assistance.---The other law enforcement agencies operating in the
designated area shall provide assistance to the officer of the Department and Police
Establishment conducting investigation, as the case may be, for the purpose of raids
and seizures under this Act, if required.
(b) the license, permit and authorization, the fee that may be
charged etc and other matters relating thereto ;
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59. Repeal and savings.---(1) The Control of Narcotics Substance Act, 1997
(Act No. XXV of 1997), to the extent of cultivation, possession, selling,
purchasing, delivery and transportation etc. within the Province, to the extent of the
Khyber Pakhtunkhwa is hereby repealed.
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SCHEDULE
(see section 2)
PSYCHOTROPHIC SUBSTANCES
4. ALPRAZOLAM. 8-chloro-l-methyl-6-phenyl-eH-s-
triazolo [4, 3-a] 11,4]
benzodiaxepine.
7. BUPRENORPHINE. 21-cyclopropyl-7-a-[(s)-l-hydroxy-
1,2 ,2-trimethylporpyl]-6, 14-endo-
ethano-6, 7, 8, 14-
tetrahydrooripavine.
(+/-)-2, 5-dimethoxy-a-
DMA. methylphenethy-lamine.
DMHP. 3-(1,2-dimethypheptye)-7,8,9,10-
tetrahydro-6,6,9-trimethyl-6h-
dibenzo[b,d][pyram-1-01].
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(+)/-)4-ethyl-2,5-dimthyxy-a-
DOET. Phenethly-amine.
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MMDA 2-methoxy-a-methyl-4, 5-
(methylenedioxy) Phenethylamine
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