Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 20,21,22

Criminal Procedure Code (V of 1898)-----S.497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 11-C, 2(e), 27,28, 29 59---Control of Narcotic Substances Act (XXV of 1997), Ss. 20, 21, 22---Possession of 3000 grams of ICE---Bail, refusal of---Power of entry, search, seizure and arrest without warrant---Authorized officer (in terms of the S. 28 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 )---Scope---Assistant Sub-Inspector recovered six (06) packets of ICE, each weighing 500 grams, lying in vehicle being driven by the petitioner/ accused---Contention of the petitioner/accused was that to effect recovery an Assistant Sub-Inspector was not an authorized officer in terms of the S. 28 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019---Validity---Under Control of Narcotic Substances Act, 1997 (the Act 1997), an officer not below the rank of Sub-Inspector was authorized to make search, seizure or arrest etc., meanwhile the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 (the Act 2019) had been promulgated and as per S. 59 of the Act 2019, the Act 1997 to the extent of cultivation, possession, selling, purchasing, delivery and transportation etc within Province, to the extent of the Khyber Pakhtunkhwa was repealed---Regarding power to entry, search, seizure and arrest without warrant, S. 28 of the Act, 2019 was analogous to a great extent with S. 21 of the Act 1997, with the exception that the words authorized officer had been mentioned in S. 28 of the Act 2019 whereas S. 21 of the Act 1997 stipulated an officer not below the rank of Sub-Inspector of Police)---Section 2(e)(ii) of the Act, 2019 had defined an authorized Officer as a police officer/official not below the rank of Sub-Inspector, authorized by the Regional Police Officer---Although, in the present case, recovery had been effected by an Assistant Sub-Inspector, however, Ss. 20 to 22 of the Act, 1997 were directory in nature---Thus cumulative effect of said provisions mentioned in the Act, 1997 as well as the Act, 2019, the power to entry, search, seizure and arrest without warrant by an officer below the rank of Sub-Inspector, if…

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