Law: Constitution of Pakistan, 1973

Section: 8,10,10A,142,143,199

(a) Constitution of Pakistan--- ----Arts. 142, 143 & Sr. 26, Part I, Federal Legislative List---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Preamble---Subject-matter of Federal and Provincial laws---Inconsistency between Federal and Provincial law---Effect---Opium sale for export---Occupied field, doctrine of---Applicability---Scope challenged the vires of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 on the ground that the Provincial Assembly had no jurisdiction to enact the same when law on the same subject, i.e. Control of Narcotic Substances Act, 1997 was already in field---Validity---Power of Provincial Assembly for legislation was provided under sub-cl.(b) and (c) of Art.142 of the Constitution---Provincial Assembly had the power to make law in respect of any matter which was not specifically enumerated in the Federal Legislative List---Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 apart from "opium" contained cannabis, coca bush, coca derivative, coca leaf, manufactured drug, medical hemp, methamphetamine, narcotic substance and psychotropic substance which were not mentioned in the Federal Legislative List, as such, there was no impediment for the Provincial Assembly to make legislation with respect to the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 and the doctrine of occupied field did not apply---Provincial Assembly had enacted the law and to that extent the applicability of Control of Narcotic Substances Act, 1997 had been repealed---Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 was enacted within the sphere and powers of the Provincial Assembly---Constitutional petition was dismissed. Shams Textile Mills Ltd. v. The Province of Punjab 1999 SCMR 1477 and Lahore Development Authority v. Ms. Imrana Tiwana 2015 SCMR 1739 rel. (b) Constitution of Pakistan--- ----Art. 142---Subject-matter of Federal and Provincial laws---Scope---Question before High Court was as to whether the Control of Narcotic Substances Act, 1997, being Federal Law was an impediment for Provincial Assembly to legislate on the same subject---Held; Provincial Assembly, under Art.142(c) of the…

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