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AN ACT to provide for the laws relating to narcotic drugs and psychotropic substances.
WHEREAS it is expedient to provide the laws relating to narcotic drugs, psychotropic substances precursor chemicals and control the production, processing and trafficking of such drugs and substances in the Province of Sindh;
It is hereby enacted as follows: -
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
(1) This Act may be called the Sindh Control of Narcotic Substances Act, 2024.
(2) It shall extend to the whole of the Province of Sindh.
(3) It shall come into force at once.
2. 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; as declared by the Health Care Professionals of nearest Government Health facility.
(b) “accused” means an accused who is charged for the commission of an offence under this Act.
(c) “Authorized Officer” means an officer of the Directorate General (Narcotics Control Wing), not below the rank of Inspector authorized by the Director or Additional Director; or a Police officer or official not below the rank of Sub-Inspector authorized by the Deputy Inspector General of Police of the Range or Zone;
(d) “cannabis (hemp)” means –
(i) the concentrated resin from the flowering tops of female hemp plants (Cannabis sativa or C.indica) that is smoked, chewed, or drunk for its intoxicating effect, also known as charas, hashish and resin known as hashish oil or liquid hashish;
(ii) the flowering or fruiting tops of the cannabis plant (excluding the seed and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated or known and include all forms known as bhang, siddhi or ganja; and
(iii) any mixture with or without neutral materials of any of the above forms of cannabis or any drink prepared therefrom;
(e) “cannabis plant” means any plant of the genus cannabis;
(f) “coca bush” means the plant of any species of the genus Erythroxylon;
(g) “coca derivative” means -
(i) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture or production of cocaine;
(ii) ecgonine, that is, leave-ecgonine having the chemical formula C H NO H O and 9 15 3 2 all chemical derivatives of leave-ecgonine including benzoylecgonine from which it can be recovered;
(iii) cocaine, that is, methyl-benzoyl-leave-ecgonine having the chemical formula C H NO and its salts; and 17 21 4
(iv) all preparations containing more than 0.1 per cent of cocaine;
(h) “coca leaf” means –
(i) the leaf of the coca bush except for a leaf from which all ecgonine, cocaine or any other ecgonine alkaloids have been removed;
(ii) any mixture thereof, with or without neutral material, but does not include any preparation containing not, more than 0.1 per cent of cocaine;
(i) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);
(j) “controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances or chemical precursors to pass out of, through or into Province, with the knowledge and under the supervision of the Department with a view to identifying persons involved in the commission of offences cognizable under this Act;
(k) “controlled substance” means any substance which may be used for the production or manufacture of narcotic drugs or psychotropic substance (or which is declared to be a controlled substance and given in the Schedule-III(b) pursuant to the provision of any international convention, and by notification in the official Gazette by the Division concerned), or psychoactive drug or recreational drug, synthetic and semi synthetic;
(l) “conveyance” means a conveyance of any description whatsoever and includes, any aircraft, vehicle, vessel, railways or animal;
(m) “Department” means the Excise, Taxation & Narcotics Control Department, Government of Sindh;
(n) “Director General” means Director General (Narcotics Control Wing) of the Department or any other officer appointed by Government to perform the duties and functions of the Director General under this Act;
(o) “Director” or “Additional Director” means Director or Additional Director (Narcotics Control Wing) of the Department or any other officer appointed by Government, to perform the duties and functions of the Director or Additional Director (Narcotics Control) under this Act;
(p) “export” in relation to this Act, means taking the narcotic drug or psychotropic substance out of the Province otherwise than across a customs frontier as defined by Federal Government under the Control of Narcotics Substance Act, 1997;
(q) “freezing” means prohibiting by an order made by the Special Court or Competent Court or an officer authorized under this Act, the transfer, conversion, disposal or movement of any assets and includes the holding, controlling, assuming custody or managing any assets in pursuance of such order and, in the case of assets which are perishable the disposal thereof;
(r) “Government” means the Government of Sindh;
(s) “import” in relation to this Act, means to bring into the Province, the narcotic drug or psychotropic substance, by way of import in the Pakistan, otherwise than across a customs frontier as defined by the Federal Government under the relevant law;
(t) “manufacture”, in relation to narcotic drugs or psychotropic substances, includes -
(i) all processes by which such drugs or substances may be obtained;
(ii) refining of such drugs or substances;
(iii) transformation of such drugs or substances; and
(iv) making or preparing such drugs or substances;
(u) “manufactured drug” includes –
(i) all coca derivatives, medicinal hemp, opium derivatives, cannabis in any form and any mixture of stalks and flowering or fruiting tops of the Indian hemp plant (cannabis sativa L.), Acetic Anhydride; and
(ii) any other narcotic substance which Government may, by notification in the official Gazette, declare to be a manufactured drug;
(v) “medicinal hemp” means any extract or tincture of hemp;
(w) “methamphetamine” means -
(i) an addictive neurotoxic stimulant which is used as a recreational drug, having chemical formula C H N and includes 10 15 Ice, Meth and Crystal;
(ii) “midomafetamine” means an addictive psychoactive drug, which is used as a recreational drug, having chemical formula C H N and includes Ecstasy and Molly; 10 15
(x) “narcotic drug” means-
(i) coca leaf, cannabis, poppy straw;
(ii) cocaine, heroin, opium, methamphetamine, midomafetamine, poppy straw, and all manufactured drugs or any other substance, precursor chemical which Government may by notification in the official gazette declared to be narcotics drug for the purpose of this Act;
(y) “Narcotics Wing” means Narcotics Control Wing, within the Directorate General (Narcotics Control) of the Department, dealing with all matters concerning narcotics provided under this Act, Article 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 and Sindh Abkari Act, 1878 and rules made there-under, headed by the Director or Additional Director under the supervision and control of Director General (Narcotics Control), who shall be assisted by such officers and staff members of the Department, as the Director General (Narcotics Control) may appoint on behalf of the Government from time to time and such officers and staff members shall be civil servants within the meaning of the Sindh Civil Servants Act, 1973 (Sindh Act No. XIV of 1973); The Director General shall serve under the administrative control of “Secretary Excise, Taxation & Narcotics Control Department”
(z) “opium” means –
(i) poppy straw, that is to say, all parts of the poppy plant (Papaver somniferum or any other species of Papaver) after mowing, other than the seeds;
(ii) the spontaneously coagulated juice of capsules of poppy which has not been submitted to any manipulations other than those necessary for packing and transport; and
(iii) any mixture, with or without natural materials, of any of the above forms of opium, but does not include any preparation containing not more than 0.2 per cent of morphine;
(aa) “opium derivative” includes –
(i) medicinal opium, that is, opium which has undergone the process necessary to adapt it for medicinal use;
(ii) prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking, and the dross or other residue remaining after opium is smoked;
(iii) morphine, that is, the principal alkaloid of opium having the chemical formula C H NO and its salts; 17 19 3
(iv) diacetylmorphine, that is, the semi synthetic substance, also known as diamorphine or heroin, having the chemical formula C H NO and its salts; and 21 23 5
(v) all preparations containing more than 0.2 per cent of morphine, or containing any diacetylmorphine;
(bb) “opium poppy” means the plant of the species Papaver Somniferum L;
(cc) “Police Establishment” shall have the same meaning as assigned in the Sindh (Repeal of the Police Act, 1861 and Revival of Police Order, 2002) (Amendment) Act, 2019. (Sindh Act No. XI of 2019);
(dd) “Province” means the Province of the Sindh;
(ee) “poppy straw” means all the parts, except the seeds, of the opium poppy after mowing;
(ff) “poppy straw concentrate” means the material obtained after the poppy straw has been subjected to a process for the concentration of its alkaloids;
(gg) “precursor chemical” means the chemical or substances specified in the Schedule I and II and such chemicals or substances as Government may, by notification in the official Gazette, declared to be a precursor chemical;
(hh) “prescribed” means prescribed by rules made under this Act;
(ii) “property” includes –
(i) all forms of property, whether corporeal or incorporeal, moveable or immovable, tangible or intangible, real estate or personal property of every description;
(ii) property used to commit, or to abet the commission of, an offence punishable under this Act;
(iii) all kinds of shares or interest in any corporate body, company, firm, business concern, society or fund; and
(iv) all documents of title to land, goods or property, wherever situated, money or valuable Government security.
(jj) “psychotropic substance” means the substances, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substance, specified in the Schedule-III(a) and such substances as Government may, by notification in the official Gazette, declared to be a psychotropic substance;
(kk) “psychoactive drug” means a chemical substance that changes brain function and results in hallucination and alterations in perception, mood, consciousness or behavior;
(ll) “recreational drug” means the drug used to induce an intoxicating effect which creates hallucination for pleasure, by modifying the perception, feelings and emotions of the user;
(mm) “rules” means the rules made under this Act;
(nn) “Schedule” means a Schedule to this Act;
(oo) “Secretary” means Secretary to Government of Sindh “Excise, Taxation & Narcotics Control Department and will be administrative head of the department under this Act;
(pp) “Special Court” means the Special Court established under section 30 or any other Court empowered to exercise the powers of the Special Court under this Act;
(qq) “competent court” means existing Court of District & Sessions Judge that has the legal authority to hear and decide a case under this Act;
(rr) “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 “trace” shall be construed accordingly; and
(ss) “transport” means to move from one place to another place within Sindh;
3. Calculation of Percentages in liquid preparations.
Government may make rules prescribing the methods by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (g), (h), (z) and (aa) of section 2:
Provided that unless and until such rules are made, such percentage shall be calculated on the basis that a preparation containing one per cent of a substance means a preparation in which one gram of the substance, if a solid, or one milliliter of the substance, if a liquid, is contained in every one hundred milliliters of the preparation, and so in proportion for any greater or less percentage.
CHAPTER II
PROHIBITION AND PUNISHMENT
4. Prohibition of cultivation of narcotics plants.
No one shall cultivate any cannabis plant, cocoa bush or opium poppy, or gather any portion of a cannabis plant, coca bush or opium poppy:
Provided that the Provincial Government may, subject to such conditions as it may prescribe, permit under a license cultivation or gathering of any such narcotic plant or any portion thereof exclusively for medical, scientific or industrial purposes.
5. Punishment for contravention of section 4.
Whoever contravenes the provisions of section 4 shall be punishable with imprisonment which may extend to seven years but shall not be less than one year and shall also be liable to fine.
6. Prohibition of possession of narcotic drugs, etc.
No one shall produce, manufacture, extract, prepare, possess, offer for sale, sell, purchase, distribute, deliver on any terms whatsoever, transport, dispatch, any narcotic drug, psychotropic substance or controlled substance, precursor chemical, except for medical, scientific or industrial purposes in the manner and subject to such conditions as may be specified by or under this Act or any other law for the time being in force.
7. Prohibition of import or export of narcotics drugs, etc.
No one shall import, export, or transport any narcotic drug, psychotropic substance or controlled substance, precursor chemical, save in accordance with conditions of any license, permit or authorization for that purpose which may be required to be obtained under those rules.
8. Prohibition on trafficking or financing the trafficking of narcotics drugs etc.
No one shall organize, manage, traffic in, or finance the import, transport, manufacturing, or trafficking of, narcotic drugs, psychotropic substances or controlled substances, or use violence or arms for committing or attempting to commit an offence punishable under this Act.
9. Punishment for Contravention of sections 6, 7 and 8.
(1) Whoever contravenes the provisions of section 6,7 and 8 regarding narcotic drugs shall be punished with punishment as given in column (3) of the Table below with regard to offence committed as mentioned in column (2) thereof, namely:-
TABLE
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Provided that if an offence is committed relating to narcotic drug inside or in the radius of 300 Meters of a school, college, university, educational setting or any other educational institution maximum punishment provided for that offence shall be awarded:
Provided further that if any person who has previously been convicted for any offence under this Act is subsequently convicted for the offence relating to narcotic drug, he shall be convicted with maximum punishment provided for that offence.
(2) Whoever contravenes the provisions of sections 6, 7 and 8 regarding psychotropic substances shall be punished with punishment as given in column (3) of the TABLE below with regard to quantity of psychotropic substances given in column (2) thereof, namely:
TABLE
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Provided that if any offence is committed relating to psychotropic substance inside or in the radius of 300 Meters of a school, college, university, educational setting or any other educational institution, he shall be punishable with maximum punishment provided for that offence:
Provided further that if any person who has previously been convicted for any offence under this Act is subsequently convicted for the offence relating to psychotropic substance and quantity does not exceed two kilograms than he shall be convicted with maximum punishment provided for that offence:
Provided also that if the quantity of psychotropic substance in subsequent offence exceeds two kilograms, the punishment shall not be less than life imprisonment.
Provided also that if recovered psychotropic substance is methamphetamine (ICE) given at serial number 47 of the Schedule-III(a) to this Act and quantity exceeds four kilograms, punishment shall be life imprisonment and fine which may not be less than two and half million.
(3) Whoever contravenes the provisions of sections 6, 7 and 8 regarding controlled substances specified in Table-I and Table-II of the Schedule-III (b) shall be punishable with punishment given in column (3) of the following Table-I and Table-II respectively with regard to offence committed as mentioned in column (2) thereof, namely:-
TABLE-I
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TABLE-II
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Provided that if any person who has previously been convicted for any offence under this Act, is subsequently convicted for the offence relating to controlled substances and quantity does not exceed from six kilograms then he shall be convicted with maximum punishment provided for that offence:
Provided further that when the quantity of controlled substances in subsequent offence exceeds from six kilograms the accused shall be punished not less than life imprisonment:
Provided further also that if any accused is found guilty of trafficking narcotic drug, psychotropic substance or controlled substance into Province of Sindh, he shall be convicted with maximum punishment provided for that offence.
10. No remission in sentence.
(1) Notwithstanding anything contained in any other law or prison rules for the time being in force, no remissions in any sentence shall be allowed to a person, who is convicted under this Act:
Provided that in case of a juvenile or female convicted and sentenced for an offence under this Act, remission, may be granted as deemed appropriate by the Government.
(2) Notwithstanding anything contained in any law or rules for the time being in force, neither probation in any sentence shall be allowed nor any accused convicted under this Act shall be released on parole:
Provided that if the convicted accused is a juvenile (young) or female, he can be released on probation on parole as per relevant laws and rules.
(3) Notwithstanding anything contained in any other law for time being in force, imprisonment for life under this Act means imprisonment in jail for the period of twenty-five years.
11. Prohibition on owning, operating premises or machinery for manufacture of narcotic drugs, etc.
No one shall own, manage, operate or control any premises, place, equipment or machinery for the purpose of manufacture or production of cannabis, cocaine, opium, opium derivatives, narcotic drugs, methamphetamine, psychotropic substance or controlled substance save in accordance with the conditions of a license, permit or pass and on payment of such fees as may be prescribed.
12. Punishment for contravention of section 11.
Whoever contravenes the provisions of section 11 shall be punishable with imprisonment which may extend to twenty-five years but shall not be less than ten years and shall also be liable to fine which shall not be less than two million rupees.
13. Punishment for offence for which no punishment is provided.
Whoever contravenes any provision of this Act, or any rule or order made, or any license, permit or authorization issued thereunder for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term, which may extend to three years and fine.
14. Obstructions to officers.
Whoever hinders or obstructs any officer in the performance of his functions under this Act or willfully furnishes to such officers any information, which is, to his knowledge or belief, false in material particulars shall be punishable with rigorous imprisonment for a term which may extend to three years and fine but shall not be less than one year and fine.
15. Limit of fine, etc.
Where for any offence under this Act no amount of minimum fine has been fixed, the Special Court or where no Special Courts are established, the competent courts shall impose the fine keeping in view the quality and quantity of the narcotic drug, psychotropic substance or controlled substance methamphetamine involved in the commission of such offence.
CHAPTER III
SEARCH AND INVESTIGATION
16. Power to issue warrants.
(1) A Special Court / competent court may issue a warrant for the arrest of any person whom it has reason to believe to have committed an offence punishable under this Act, or for the search, whether by day or by night, of any building, place, premises or conveyance in which he has reason to believe any narcotic drug, psychotropic substance, precursor chemical or controlled substance in respect of which an offence punishable under this Act has been committed is kept or concealed.
(2) The officer to whom a search warrant under sub-section (1) is addressed shall have all the powers of an officer acting under section 17.
17. Power of entry, search, seizure and arrest without warrant.
(1) Where an officer, not below the rank of Inspector of Narcotics Control or equivalent authorized in this behalf by Director General Narcotics Control Sindh, an officer of Police Establishment not below the rank of Sub-Inspector authorized in this behalf by the Inspector General of Police or Deputy Inspector General of Police of the Range or Zone who from his personal knowledge or from information given to him by any person is of opinion that any narcotic drug, psychotropic substance, precursor chemicals or controlled substance and methamphetamine in respect of which an offence punishable under this Act has been committed is kept or concealed in any building, place, premises or conveyance, and a warrant for arrest or search cannot be obtained 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 or conveyance;
(b) break open any door and remove any other obstacle to such entry in case of resistance;
(c) seize such narcotics drugs, psychotropic substances, precursor chemical, controlled substances and other materials used in the manufacture thereof and any other article which he has reason to believe to be liable to confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act; and
(d) detain, search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed an offence punishable under this Act; and
(2) The video recording of all raids, seizures, inspections and arrests shall be made by the officer in-charge of such operations.
(3) Before or immediately after taking any action under sub-section (1), the officer referred to in that sub-section shall record the grounds and basis of his information and proposed action and forthwith send a copy thereof to his immediate superior officer.
(4) All the offences under this Act shall be cognizable and non-bail-able.
18. Power to seizure and arrest in public place.
An officer authorized under section 17 may –
(a) seize, in any public place or in transit, any narcotic drug, psychotropic substance, precursor chemical or controlled substance in respect of which he has reason to believe that an offence punishable under this Act has been committed, and, along-with such drug, substance or any other article liable to confiscation under this Act, and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act; and
(b) detain and search any person whom he has reasons to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug, psychotropic substance, precursor chemical or controlled substance in his possession and such possession appears to him to be unlawful, arrest him.
Explanation.- For the purpose of this section, the expression "public place” includes any public conveyance, hotel, shop or any other place intended for use by, or accessible to, the public.
19. Power to stop and search conveyance.
An officer referred to in section 17, may, if he has reason to suspect that any conveyance is, or is about to be, used for the transport of any narcotic drug, psychotropic substance, precursor chemical or controlled substance in respect of which he suspects that any provisions of this Act has been or is being, or is about to be, contravened at any time, stop such conveyance or, and -
(a) rummage and search the conveyance or part thereof;
(b) examine and search any goods on or in the conveyance; or
(c) if it becomes necessary to stop the conveyance, he may use all reasonable force for stopping it.
20. 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 in so far as they are not inconsistent with the provisions of sections 16, 17, 18 and 19 to all warrants issued and arrests and searches made under these sections.
21. Punishment for vexatious entry, search, seizure or arrest.
Any person empowered under section 16 or section 17 who –
(a) without reasonable grounds of suspicion, enters or searches, or causes to be entered or searched, any building, place, premises or conveyance;
(b) vexatiously and unnecessarily seizes the property of any person on the pretense of seizing or searching for any narcotic drug, psychotropic substance, precursor chemical, controlled substance or any other article or document relating to any offence under this Act; and
(c) vexatiously and unnecessarily detains, searches of arrests any person, 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 one hundred thousand rupees.
22. Release of person arrested and articles seized.
Any person arrested and articles seized under this Act, shall be produced, within twenty-four (24) hours of the arrest or article seized before the Special Court or competent court by whom the warrant was issued.
23. Power to call of information.
An officer authorized under section 18 may exercise the powers under the Pakistan Penal Code and Code, for conducting enquiries and investigations, and during such enquiries related to any violations of this Act, may -
(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 any rule or order made thereunder;
(b) require any person to produce or deliver any document or thing useful or relevant to the inquiry; and
(c) examine any person acquainted with the facts and circumstances of the case:
Provided that no such officer shall issue any such order requiring the production of any document or other things which is in the custody of a bank or bankers as defined in the Banker’s Books Evidence Act, 1891 (XVIII of 1891), and relates, or might disclose any information which relates, to the bank account of any person, except for the purpose of investigating an offence under this Act, with the prior permission in writing of Special Court or competent courts or High Court as the case may be.
24. Articles connected with narcotics.
(1)Whenever an offence has been committed which is punishable under this Act, the narcotic drug, psychotropic substance, precursor chemical or controlled substance, materials, apparatus and utensils in respect of which or by means of which, such offence has been committed shall be liable to confiscation:
Provided that if any currency whether local or foreign or any valuable item having monitory value used for the commission of the offence under this Act, is seized, it shall be confiscated alongwith other articles.
(2) Any narcotic drug, psychotropic substance, precursor chemical or controlled substance lawfully imported, transported, manufactured, possessed, or sold along with, or in addition to, any narcotic drug, psychotropic substance, precursor chemical or controlled substance which is liable to confiscation under sub-section (1) and the receptacles or packages, and the vehicles, vessels and other conveyances and property, premises or place used in carrying such drugs, chemicals and substances shall likewise be liable to confiscation:
Provided that, no vehicle, vessel or other conveyance shall be liable to confiscation unless it is proved that the owner thereof know that the offence was being, or was to be, committed.
(3) If the Competent Court or Special Court, while trying an offence punishable under this Act, is satisfied that there are reasonable grounds to believe the accused has committed the offence under this Act, it may order to maintaining the status quo of the ownership/title documents of the accused till the decision of the case or as the case may be.
25. Frozen or seized articles liable to confiscation.
(1) In the trial of offences under this Act, whether the accused is convicted or acquitted, the Special Court / Competent Court shall decide whether any article frozen or seized in connection with such offence is liable to confiscation.
(2) Where any article seized under this Act appears to be liable to confiscation under section 24, but the person who committed the offence, in connection therewith, is not known or cannot be found, the Special Court/Competent Court may inquire into and decide such liability, and may order confiscation accordingly:
Provided that no order of confiscation of an article shall be made until the expiry of one month from the date of freezing or seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim:
Provided further that if any such article other than a narcotic drug, psychotropic substance, precursor chemical or controlled substance is liable to speedy and natural decay, or in case of vehicle, the Director-General, or any other officer authorized by notification in the official Gazette by the Government, is of opinion that the sale of such article or vehicle is for the benefit of its owner, he may, with the approval of the Special Court or competent court, after due notice to the owner and by public auction, direct that the article or, as the case may be, the vehicle be sold in accordance with the rules made under this Act and the sale proceeds shall be deposited in Government Treasury for drug abuse till the final judgment of the Special Court or competent court.
(3) If on adjudication or, as the case may be, in case of appeal the vehicle or, as the case may be, an article so sold is found not to have been liable to such confiscations, the entire sale proceeds shall be handed over to the owner.
(4) A narcotic drug, psychotropic substance, precursor chemical or controlled substance seized under the Act shall be disposed of under section 516-A of the Code.
26. Confiscated or impounded case property be kept in the Pool.
Any vehicle confiscated or impounded as case property under this Act will be kept in the Provincial Pool for Narcotics Control Wing Sindh. The Department will issue (SOPs) for keeping these vehicles operational till disposal of the cases or as the case may be. The Administrative Secretary may also be empowered to temporarily allot/allocate the confiscated, seized, impounded or case property vehicles etc. to any Administrative Department of Government of Sindh, and for that purpose the government shall provide adequate budgetary resources to keep such vehicles operational and shall also allocate lands for establishment of offices, accommodation and allied facilities for effectively performing the functions under this Act.
27. Establishment of narcotics control police station.
(1) Department with the approval of Government may, by notification in official Gazette, establish as many Narcotics Control Police Stations, Check Posts & Check points as are required for the efficient functioning of the Narcotics Control Wing, Excise, Taxation & Narcotics Control Department from time to time under this Act:
Provided that till the establishment of Narcotics Control Police Station, the existing Excise Police Stations shall perform the functions as Narcotics Control Police Station:
Provided further that all the police stations and police posts of the Sindh Police in the Province of Sindh shall perform the functions as Narcotics Control Police Stations under this Act:
Provided also that the provisions of sub-section (1) shall be deemed to have taken effect on and from 28th October, 2024.
(2) For the purpose of this act, the expression “police station” means and includes any place declared, as such, by the Government to be a police station within the meaning of the Code.
28. Powers to delegate officers of law enforcement agencies with powers of an officer-in-charge of a police station.
The Secretary of the Excise, Taxation & Narcotics Control Department may delegate any officer of Department, or any officer of law enforcement agency or any other officer within their respective jurisdiction with the powers of an officer-in-charge of a police station as defined under the Code for the investigation of any offence under this Act. However Excise, Taxation & Narcotics Control Department will be the leading department for effective enforcement of the provisions of this Act:
Provided that the Police Establishment under their respective jurisdiction shall exercise the power of the officer incharge of the police station as defined under the Code to perform any functions under this Act:
Provided further that the provisions of this section shall be deemed to have taken effect on and from 28th October, 2024.
CHAPTER IV
SPECIAL COURTS
29. Jurisdiction to try offences.
The Special Court established under this Act shall have the exclusive jurisdiction to try an offence cognizable under this Act.
30. Establishment of special court.
(1) Government shall, by notification in the official Gazette, establish as many Special Courts as it considers necessary and appoint a Judge for each of such Courts and where it establishes more than one Special Courts or competent court, it shall specify in the notification the place of sitting of each Special Courts and the territorial limits within which it shall exercise jurisdiction under this Act.
(2) There shall be Special Courts to try offences under this Act, namely:-
(i) Special Courts having the power to try all offences; and
(ii) Competent courts having the power to try offences.
(3) No person shall be appointed a Judge of a Special Court unless he is or has been a Sessions Judge or an Additional Sessions Judge or an advocate with relevant experience with standing of atleast ten (10) years in the High Court.
Provided that until the Special Courts are established under this section, the existing competent court shall continue to perform its functions for the speedy disposal of narcotics cases.
(4) Government shall appoint a Judge or Presiding Officer of the Special Court for a non-renewable term of two and a half years from among a panel of three nominees, as specified under sub-section (3), which shall include at least one Advocate, and shall be conveyed by the Law Department to the Chief Justice, High Court of Sindh for concurrence:
Provided that a person who has previously served as Judge or Presiding Officer of the Special Court under this Act may be included in the panel of three nominees for fresh appointment:
Provided further that no nominee shall be eligible for appointment if he or she has attained the age of sixty-five (65) years:
Provided also that upon attaining the age of sixty-five (65) years, a Judge or Presiding Officer appointed under this section shall cease to hold office:
Provided further that Law Department shall, after receiving the concurrence under this subsection, place the matter before Government for appointment of the Judge or the Presiding Officer of the Special Court under this Act:
Provided further that in case of appointment of a retired Judge or Presiding Officer, the terms and conditions of such appointment shall be determined by Government.
31. Application of the Code of Criminal Procedure, 1898.
Except as otherwise provided in this Act, the provisions of the Code shall apply to trials and appeals before a High Court under this Act.
32. Appeal.
An appeal against the order of the Special Court shall lie to the High Court.
33. Transfer of cases.
(1) Where more Special Courts than one are established within the territorial jurisdiction of a High Court 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 were a Court of Sessions.
(2) On the establishment of Special Courts under sections 30, and all cases shall stand transferred to the respective Special Court.
(3) Notwithstanding anything hereinbefore contained, a remand may be granted by the nearest Court of Judicial Magistrate.
34. Prosecutors to conduct the cases before special courts.
The Prosecutor General Sindh shall be competent to conduct the cases falling under this Act on behalf of Government or Department in accordance with the Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2009 before a Special Court or competent court and to withdraw proceedings if so, directed by the Government.
35. When bail may be taken in offences registered under this Act.
(1) When any person accused of any offence registered under this Act is arrested or detained with or without warrant by any authorized officer under sections 16, 17, 18, 19 and 28, or appears or is brought before a Special Court or competent court, he may be released on bail, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death, imprisonment for life or imprisonment up-to five years.
Provided that the Special Court or competent court may direct that any person under the age of fourteen years or any sick or infirm person, endangering such sickness and infirmity to his life, accused of such an offence be released on bail:
Provided further that a person accused of an offence as aforesaid shall not be released on bail unless the prosecution has been given at least forty-eight hours’ notice to show cause why he should not be so released.
(2) If it appears to the Special Court or competent court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused is arrested under this Act, but there are sufficient grounds for further inquiry into his being guilty, the accused shall, pending such inquiry, be released on bail with sureties specified under sub-section (5), for his appearance, if necessary as hereinafter provided.
(3) The Special Court or competent court releasing any person on bail under sub-section (1) or sub-section (2) shall record in writing its reasons for doing so.
(4) A High Court, Special Court or competent court, in the case of a person released by itself, may cause a person who has been released under this section to be arrested and may commit him to custody, if it appears that the accused so released has violated the terms of bail or misuse the concession granted thereunder.
(5) Bond of accused and sureties. (a) Before a person is released on bail, a bond for such sum of money as the Special Court or competent court, as the case may be, thinks sufficient shall be executed by such person and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in bond, and shall continue so to attend until otherwise directed by the Special Court or competent court, as the case may be
(b) If the case so required, the bond shall also bound the person released on bail to appear when called upon at the High Court, Special Court or competent court, as the case may be, to answer the charge.
(c) Discharge from custody. As soon as bond has been executed, the person for whose appearance it has been executed, the Court admitting him to bail shall issue an order of release to the officer in charge of the Jail, and such officer on receipt of the order shall release him, if he is not required in any other case.
(6) Power to order sufficient bail when that first taken is insufficient. If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the High Court, Special Court or competent court, as the case may be, may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to Jail.
(7) The trial court shall conclude the trail within a period of twelve months.
CHAPTER V
GENERAL
36. Inter-Provincial cooperation and assistance.
The Inter-Provincial / Federal cooperation and assistance shall be done through Home Department, Government of Sindh.
37. Departments to render assistance to the Special Courts, etc.
(1) All Provincial departments of Government, offices of the Federal Government, banks, financial institutions, corporate bodies, companies, societies, and agencies shall assist the Special Court or Competent Courts.
(2) Every officer of Provincial Departments including the Police and Revenue (Divisional and District Administrations) Departments shall be bound upon request made on that behalf to render lawful aid to any officer or official not below the rank of Inspector Narcotics Control while acting under the provisions of this Act.
38. Notice or order not to be invalid for error in description.
No notice issued, or order passed, under this Act shall be invalid due to the reason of any error in the description of the person or assets specified therein if such persons or assets are otherwise identifiable from the description specified in such notice or order.
39. Delegation.
Government may, by notification in the official Gazette and subject to such conditions and limitations as may be specified in the notification, delegate all or any of its powers and functions under this Act as it may deem necessary or expedient to the Director General or any other authority or officer of Government.
40. Saving of provincial and special laws.
Nothing contained in this Act or in the rules made thereunder shall affect the validity of any Provincial law for the time being in force, or of any rule made thereunder that imposes any restriction or provides for a punishment not imposed by or provided for under this Act or imposes a restriction or provides for a punishment greater in degree than a corresponding restriction imposed by or a corresponding punishment provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug, psychotropic substance or precursor chemical within Sindh or other similar matters.
41. Application of other laws.
If an offence punishable under this Act, is also an offence in any other law for the time being in force, nothing in that law shall prevent the offender from being punished under this Act:
Provided that nothing contained in Section 523 of the Code, or any other provision of the said Code or any other law for the time being in force, the custody of narcotic drugs, psychotropic substances, precursor chemical, controlled substances, any material utensils used for production or manufacture of such drugs or substances or any conveyance used in import, export, transport or transshipment thereof or for a commission of an offence under this Act, shall not be given in custody to the accused or any of his associate or relative or any private individual till the conclusion of the case.
42. Indemnity.
No suit, prosecution or other proceedings shall lie against the Government or any officer of the Government for anything in good faith, done or intended to be done in pursuance of this Act or the rules made thereunder.
43. Act to override other laws.
The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.
44. Power to make rules.
(1) 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 administration, management and disposal of the property forfeited under this Act; and
(aa) the framework governing operational procedures, record keeping and jurisdictional coordination for the parallel enforcement of laws by the Narcotics Control Police, Police Establishment, or any other relevant law enforcement agency, as applicable;
(b) appreciate, acknowledge, reward, award & certify the gallantry & extraordinary performance of officers & officials who have dedicatedly performed their duties.
44-A. Removal of difficulty.
If any difficulty arises in giving effect to the provisions of this Act, Government may, by order, remove such difficulty in giving effect to the provisions of this Act.
45. Repeal and saving.
(1) The Control of Narcotic Substances Act, 1997 to the extent of the Province of Sindh, is hereby repealed.
(2) Notwithstanding the repeal of any law under sub-section (1), the repeal shall not, except as otherwise provided in this Act:-
(a) affect the previous law or ‘anything duly done or suffered thereunder;
(b) affect any right, privilege, obligation or liability acquired, accrued under such law;
(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against such law;
(d) affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment; and
(e) affect any such investigation, legal proceedings or remedy may be instituted, continued or enforced or any such penalty, forfeiture or punishment may be imposed, by the Courts or Authorities competent to investigate, try an offence under such law if the said law had not been repealed.
SCHEDULE-I
[See Section 2(gg)]
PRECURSOR CHEMICALS
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SCHEDULE-II
[See Section 2(gg)] LICIT AND ILLICIT USES OF PRECURSOR CHEMIC
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SCHEDULE-III (a)
[See Section 2(jj)(i)]
PSYCHOTROPIC SUBSTANCES
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SCHEDULE-III (b)
[See Section 2(k)]
CONTROL SUBSTANCE
DIVISION -I
(TABLE-I OF THE 1988 CONVENTION)
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DIVISION -II
(TABLE-II OF THE 1988 CONVENTION)
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This digital version of the Sindh Control of Narcotic Substances Act, 2024 is provided as-is. Although reasonable efforts have been made to ensure accuracy and avoid error, no warranty is made as to its accuracy or completeness. Consult the official sources or Gazette when legal accuracy is material.