anti narcotics

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ANTI NARCOTICS FORCE

ACT 1997

(ACT 111 OF 1997)

An Acts to provide for the constitution of Anti Narcotics Force Whereas it is expedient to provide for constitution of a force for the purpose of inquiring into and investigation offenses relating to narcotics and Narcotics Trafficking and for the matter connected therewith or incidental thereto;

It is hereby enacted as follows:

short title, extent and commencement.–

  • this act may be called the Anti Narcotics forces Act 1997.
  • it extends to the whole of Pakistan.
  • It shall come into the force at once.

Definition.–in this Act unless there is anything repugnant in the subject or context,–

  • codes means the code of Criminal Procedure,1898(Act v of 1898)

  • Director-General” means the Director-General;

  • Force means Anti Narcotics Force constitution under Section3;

  • Narcotics includes narcotics drugs, psychotropic substances and controlled substances as defined in the control of Narcotics Substances Ordinance,1996(XCIV of 1996)

  • Police means Police force constituted by the Federal Government under the Police Act,1861(V of 1861)

  • prescribed means prescribed by rules under this Act; and

rules means rules made under this Act.

The words and expression used but not defined herein shall have the same meaning as assigned to them in the Control of Narcotics Substances Ordinance,1996(XCIV of 1996).

CONSTITUTION OF THE FORCE

  • Notwithstanding anything contained in any other law for the time being in force, the Federal Government may constitute a Force to be called Anti Narcotics Force.

  • 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.

  • On the 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 shall stand merged and all personnals, including officers, ministerial the staff and contingent staff of the said board and task force shall subject to the provisions of the section 11 become members of the force and be governed in accordance with this Ordinance and the rules mad thereunder.

  • 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 to connected therewith.

Notwithstanding anything contained in the General Clauses Act,1897 anything done and 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 the Act shall be deemed to have been done or taken under this Act.

SUPERINTENDENCE AND ADMINISTRATION OF THE FORCE,–

  • The superintendence of the force shall vest in the Federal Government.

  • The administration of the force shall vested 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 other powers under this act.

  • In case of any officer and members from the armed forces, the director-general shall have all powers conferred by or under the Pakistan army act,1952,(XXXIV of 1953)and the Pakistan Navy Ordinance,1996(XXXVI of 1961),the Pakistan Air Force Act 1953(VI of 1953),respectively as officer empowered to convene a General Court Martial:

  • provided that such powers shall be exercised only by the Director General who is in the regular service of any by of armed forces.

FUNCTIONS OF THE FORCE.–

  • Inquire into, investigation, prosecute all offenses relating to, 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 offenses committed in the in force, including and attempt or conspiracy to commit, or any abutment of any such offense, or any offense committed under the control of narcotics substances Ordinance 1996(XCIV of 1996),or the Prohibition (Enforcement of Ha dd) ordinance,1979(P.O.4 of 1979).

  • trace and freeze the assets;

  • provide assistance and advice to other enforcement agencies on all matters in the field of narcotics and to collect information from all nation and international enforcement agencies about illicit narcotics traffic and traffickers;

  • maintain liaison with all national or international narcotics authorities, organizations, bodies, associations and societies and represent Pakistan in such conferences, seminars and workshops arranged by any such organization on narcotics related matters;

  • arrange and co-ordinate the project and schemes for elimination and destruction of poppy cultivation; and

  • perform any other related functions which may be assigned to it by the Federal Government.

POWER OF THE MEMBERS OF THE FORCE

  • The members of the force shall, for the purpose of the 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 police-officer has in respect of offenses under the code or any other law for the time being in force.

  • 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 officer-in charge of a police-station in any

    area in which he is for the time being and when so exercising such powers shall be deemed to be the officer-in charge of a police-station discharging his functions as such within limits of his station.

  • Without prejudice to the generally of the provisions of sub-section (1) and sub-section (2) any member of force not below the rank of inspector authorized by the Director-General in his behalf may arrest without warrant any person who has committed or against whom a reasonable exists that he has committed any o9f the offenses relating to Narcotics referred to in clause (a) of the section 5.

  • any contravention of any order made under sub-section 4 or 5 shall be punishable with rigorous imprisonment for a term which may extend to three years or with fine or with both.

  • Any member of the force may in performance of its functions and exercise of powers as may be prescribe, seek assistance from all officers of police customs excise, federal investigation agency or any other investigation agency or authority or civil armed forces.

  • The force may in accordance with the law establish as many police-station as are required for the efficient functioning of the force and all police-stations of Anti Narcotics Control Board shall be deemed to be the police-station of the force.

WEARING OF THE UNIFORM

All the members excluding ministerial staff of the force employed on enforcement duties shall wear such uniform as may be prescribed.

PUNISHMENT

The following minors and major punishments shall be awarded to the officers and members of the staff of the force namely:–

MINOR PUNISHMENTS

  • censure

  • forfeiture of approved service up to two years

  • withholding of promotion up to one year

  • stoppage of increment for a period not exceeding three years without cumulative effect:

  • fine to any amount not exceeding one month’s pay;

  • confinement to quarters for a term not exceeding fifteen days with or without the punishment, drill extra guard, fatigue or other duty; and

  • extra drill not exceeding fifteen days, fatigue or other duties.

MAJOR PUNISHMENTS

  • reduction in rank

  • compulsory retirement

  • removal from service; and

  • dismissal from service;

removal from service does not but dismissal from service does disqualify for future employment.

In this section removal or dismissal from service does not includes the discharge of person–

  • appointed on probation, during the period of probation, or in accordance with probation or training rules applicable to him; or

  • appointed, otherwise than under a contract to hold a temporary appointment on the expiration of the period of appointment; or

  • engaged under a contract in accordance with the terms of the contract.

GROUNDS OF PUNISHMENT

where a member in the opinion of the authority.

  • Is inefficient or has ceased to be efficient; or

  • is guilty of misconduct; or

is corrupt or may reasonably be considered corrupt because–

  • he is or any of his dependents or any other person claiming through him or on his behalf is in possession (for which he can not reasonably account)of pecuniary resources or any property disproportionate to his known sources of income or

  • he has assumed a style of living beyond his ostensible means or

  • he has a reputation of being corrupt; or

  • 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 subversion or narcotics activities or is guilty of disclosure of official secrets to any unauthorized 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 sub-section 1 of the section 8.

AUTHORITY TO AWARD PUNISHMENT:-

The authority to award punishment under the section8are specified in the schedule to this act.

TERMS OF THE SERVICE

  • All personnal up to the rank of inspector and their equivalent in the ministerial staff of the force may elect to be governed by the existing terms of the 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.

  • The personnal 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

  • the police act 1861(V of 1861) the police rules 1934,and the Punjab police(efficiency and discipline) rule1975sall mutatis mutandis be applicable to all the rank of an inspector if not inconsistent with the provision of this act or where operation of any provisions thereof is excluded by the Director-General by a specific order made in this behalf.

  • Subject to the sub-section 1all members of the force includi8ng the ministerial staff except those on deputation from the armed forces shall be governed by the Civil Servants Act1973and 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 THE PUBLIC PROSECUTOR

notwithstanding anything contained in the code all Directors, Deputy Directors and Assistant Directors of the force shall be ex-officio public prosecutors in respect of all offenses relating to narcotic and specified in clause (a) of the section 5for trial before the special court or any bother 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 order be exercisable by any members of force.

POWER TO MAKE RULE

  • The federal Government may by notification in the official Gazette make rules for carrying out the purposes of the act.

  • In particular and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters namely:–

  • in the terms and conditions of service of the Director-General and other members of the force and the qualifications for recruitment to various posts;

  • the powers and the functions of the members of the force in relation to the conduct of inquiries and investigations; and

  • the manner in which rewards may be given to members of the force or to the public for rendering commendable service.

Written by IMRANA HANIF

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