Law: Control of Narcotics Substances Act, 1997

Section: 9(c),32,74,2(1),21,22,23,20,26,33(2),32( 1),12,19,2(b),74

Law: Constitution of Pakistan, 1973

Section: 23,24

Law: Criminal Procedure Code (V of 1898)

Section: 523

(a) Control of Narcotic Substances Act (XXV of 1997)------Ss. 2(1), 20, 21, 22, 23, 26, 32 & 74---Superdari of seized vehicle---Analysis of Ss.2(1), 20, 21, 22, 23, 26, 32 & 74 of Control of Narcotic Substances Act, 1997---Implied situations in the context of the Control of Narcotic Substances Act, 1997 which may make permissible seizure of a vehicle or conveyance in a case of narcotics detailed---Vehicle used by an offender merely for going to or leaving the place of occurrence or a vehicle used for mere transportation of the accused person, under the general law, cannot be taken into possession by the police as case-property; there is no reason why the same principle may not be followed in cases of narcotics except those cases where the special situations apply and seizure of a vehicle is made permissible by the Control of Narcotic Substances Act, 1997---Principles. In the context of a vehicle it is, noticed that section 2(1) of the Control of Narcotic Substances Act, 1997 manifests that a vehicle is included in the definition of a "conveyance". Section 20 of the said Act empowers a Special Court to issue a warrant of search of a conveyance "in" which narcotics may reasonably be believed to have been "kept or concealed". Section 21 deals with power of entry, search, seizure and arrest without warrant and it allows the relevant officer to enter into and search a conveyance and seize the narcotics recovered as a result of such entry and search but, significantly, it does not expressly authorize the officer to seize the conveyance. Similarly section 22 deals with powers of seizure and arrest in a public place and empowers an officer to seize the recovered narcotics but is silent about any power to seize the relevant conveyance. Section 23 specifically deals with the power to stop and search a conveyance but while authorizing an officer to stop, rummage, search and examine a conveyance it stops short of authorizing the officer to seize the same. Vexatious and unnecessary seizing of the property of any person "on the pretence of seizing or searching for" narcotics is an offence under section 26 and is punishable with imprisonment and 'fine. After…

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