PESHAWAR, Dec 19: The non-calculation of banned ingredients in narcotic substances has placed defendants in narcotics cases at a disadvantage.

It is learnt that in most of the cases the banned ingredients are twenty or twenty-five per cent of the seized narcotic drugs, but the accused in those cases received sentences for the entire stuff instead of only for the banned items.

A lawyer dealing with narcotics cases informed that under section 3 of the Control of Narcotics Substance Act, 1997, it was binding on the government to calculate

percentage of the banned ingredients, but up to now the authorities concerned “have not been following that provision of the law.”

Under section 9 of the Act, three categories of punishments are to be given depending on the weight of the seized narcotics.

If the narcotics or controlled substance is up to 100 grams, imprisonment of up to two years could be given. If this exceeds 100 grams but does not exceed one kg, seven years could be given.

Similarly, in case of the substance exceeding one kg, the court could pass death sentence or slap imprisonment for life or up to 14 years.

The lawyer claimed that if the percentage of controlled substances were calculated, the accused would receive punishment much lesser “than they do now.”

He cited some cases of Rawalpindi in which the narcotics court concerned had directed calculation of percentage in different cases. In one of the cases, the seized stuff was two kilograms, but the calculation of banned stuff revealed that it was only 400 grams. The accused was punished for the 400 grams and not for the two kilograms.

In some of the cases in the NWFP, he said the defendants had even offered that they would bear expenses of calculating the percentage, but their requests were not accepted by the court.

At present, he claimed pure narcotics stuff could not be obtained from anywhere as in most of the cases the stuff was mixed with other ingredients instead of the controlled drugs.

Under section 3 of the law, the federal government has to frame rules for calculation of percentage, but despite passage of three years those rules are yet to be framed.