PESHAWAR, Dec 22: The accused in narcotics cases are placed in disadvantaged position because of non-calculation of percentage of banned ingredients in seized consignments.

Despite the passage of more than five years, the government has not framed the rules under the Control of Narcotics Substance Act, 1997, for calculating percentage in preparation of a drug, which has created many legal complications.

Under Section 3 of the act, it is binding on the government to make rules prescribing the methods by which percentage in the case of  liquid preparations should be calculated in narcotic drugs, including opium, cocaine and coca derivatives.

The law provides that if a person is arrested for possessing heroin, the investigation agency has to calculate percentage of different ingredients and the accused should be punished for the quantity of banned ingredients, which is calculated by analysts notified by the government.

As the investigation agencies have not been calculating the percentage, the accused are convicted for the entire consignment.

A lawyer said that under Section 35 of the act, the federal or provincial government could appoint the analysts.

The proviso to Section 3 of the act stated that till rules were framed, the percentage should be calculated on the basis that a preparation containing one per cent of a substance meant a preparation in which one gram of the substance was available.

The chairman of the free legal aid cell of the Voice  of  Prisoners, Noor Alam Khan, told Dawn that Section 3 was a mandatory provision of the act and the authorities should no longer delay the formulation of rules for calculating the percentage.

He said that under the act, the government had enhanced penalties done away with different provisions of the Criminal Procedure Code, which were in favour of the accused, like that of association of independent witnesses during recovery of contraband.

The government had to strictly follow the provisions of the act from which an accused could get little help, he said.

He said if it was claimed that charas was confiscated and on analysis it was found that two or three per cent of the banned ingredients were present in the stuff, the accused would be punished for that percentage and not for the entire quantity.