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| January 29, 2002 | Tuesday | Ziqa’ad 14, 1422 |
Police violating narcotics law
PESHAWAR, Jan 28: In disregard for the statutory regulatory order issued by the federal government, the local police have been investigating narcotics cases under the Control of Narcotics Substance Act (CNSA), 1997.
Lawyers, who take up narcotics cases, believe that although the government has empowered the police to make search and seizure in narcotics cases under the CNSA, it has not empowered them to investigate such cases.
They contend that the police can only conduct investigations under the Prohibition (Enforcement of Hadd) Order, 1979 — the law introduced by the military government of Gen Ziaul Haq for dealing with possession of drugs and trafficking in narcotics and other intoxicants.
The lawyers maintain that the CNSA was enacted in 1997, but the Prohibition Order (PO) was not repealed, which means that it is still in the field. Under section 28 of the CNSA, the federal government has the authority to invest officers of law enforcing agencies with powers of the officer-in-charge of a police station to investigate offences.
On Aug 7, 1997, the federal government issued an SRO, 600(I)97, through which different agencies were invested with powers of investigation, but the police were not mentioned in the SRO.
The SRO states: “In exercise of the powers conferred by section 28 of Control of Narcotics Substance Act, 1997 (XXV of 1997), the Federal Government is pleased to invest the members and officers not below the rank of sub-inspector of the Anti-Narcotics Force and Excise, Customs and Revenue Departments and Frontier Corps, in the provinces of Balochistan and the North West Frontier, with the powers of an officer-in-charge of a police station for the investigation of offences under the said Act.”
It is learnt that the district and sessions judge, Haripur, took cognizance of this illegal practice last year and directed the NWFP police not to conduct investigations under the CNSA.
The judge also directed all the subordinate courts in Haripur not to entertain the cases registered by the local police under the CNSA.
The judge asked the courts to deal with all the cases registered by the local police in accordance with the PO irrespective of the quantity and kind of narcotics or drugs or intoxicants involved.
A local lawyer told Dawn that if cases were investigated into under the PO, it would be in favour of the accused as punishments under the CNSA were harsher as compared to the PO.
He said the government should remove those lacunae, as it was illogical that other agencies had been empowered to conduct investigation under the CNSA, whereas the police, who were a prime law-enforcing agency, had not been invested with such powers.
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