Law: Control of Narcotics Substances Act, 1997

Section: 9,20,21,25

(a) Control of Narcotic Substances Act (XXV of 1997)-----   ----Ss. 9, 20, 21 25---Search proceedings---Accused from whom more than 2 Kgs. Charas had allegedly been recovered had contended that despite having ample opportunity to procure and cite two witnesses from the public, no effort was made by raiding officer in that respect--¬Provisions of Ss.21 25 of Control of Narcotic Substances Act, 1997 though had provided exception to universal principle of law on question of search of any building, enclosure etc. by police officer but Legislature in its wisdom, keeping in view gravity and menace as well as evil effects of tremendous increase- in trafficking and sale of narcotics had created exceptions which were justified; but still judicial emphasis had long been that to give credibility to search and recovery made by police officer, association of two respectable persons from locality was not. an unessential formality---Exceptional powers given to police officer of rank of Sub-Inspector under S.21 of Control of Narcotic Substances Act, 1997 were not absolutely unqualified because it had been made mandatory for such officer to show that in case of obtaining search warrant as required under S.20 of the said Act, either narcotics could have been concealed or destroyed or evidence to that effect could have been caused to disappear or that adopting such process might have resulted in escape of offender--¬Legislature had not given a free licence/authority to such police officer to conduct search in private buildings like residential houses, according to his own whims and wishes---Such actions of Police Officer were definitely controlled by check and balance system---Such officer, while exercising exceptional powers, was required to act strictly within the ambit of S.21 of Control of Narcotic Substances Act, 1997, otherwise his action would be susceptible to serious doubts besides attracting mischief of irregularity to such proceedings.   (b) Constitution of Pakistan (1973)---   ----Art. 4---Meaning and import---Abiding by law or complying with law---To abide by law or to comply with law being synonymous terms, was a firm command of the Constitution which…

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