REGISTERED HO Fait GAZETTE KEUYBER PAKHTUNKEBWA Published by Authority : i PESHAWAR, FRIDAY, 315! JANUARY, 2020, GOVERNMENT OF THE KHYBER PAKHTUNKHWA, | © LAW, PARLIAMENTARY AFFAIRS AND HUMAN RIGHTS fe “0 DEPARTMENT. © “yOnEIcATION Datéd Peshawar, the 31 January, 2020, poet | No. LEGIS: 4(18)'23 Vots11//4760-04.—The fatlowing Ordinance by the Govemar of the Rh was hereby published for general faformation: THE KHYBER-PAXQRUNKIWA CONTROL: ‘OF NARCOTIC SUBSTANCES (AMENDMENT ONDINONACE, 2020. (RAVEN PAKITUNKHWAORD.NO.11OF 2020} AN a ORDINANCE ie end the Khyber Pakhtunkhwa Control af Narcotic +> Substances Act’ 2019. iio omend the Khyber Pakhtunkhwa Coniral of uunkhwa-Act No, XXXLof 2019), for the to ani ERBAS it is expedite Substances Act.-2019 {Khyber Pakhw nafier appearinu: “Ni WHEREAS the Provincial ‘Assembly is not in session and the Governor © Hliyhee Pakhtunklwa Province is saisfied thot circumstances exist which set necessary to.take immediate action; ferred by clause (2) OF Anicic akistan, the Govemnot of the ¢ following Ordinance: {of powers con! epublic of P J promulgate wh NOW TH FORE, in exercl ve Constitution of the Islamic R akhiunkluwa is pleased to make on Short title and commencemeitti--(1) This Ordinance hay be ee | wr Pakhtunkhwa Control of Narcotic Substances (Amendment) Ordinance, 2024 a S41. bes(2) dt shall come inte farce avonce. KXT of 2019, i | | 522 HUNER Pau coveanouee 9ezETE.EARAOBDI!AR.9 1 JNUAT 29%) Hon 2 af -Khyhe Pakhtunkliwa Act No, gia the Khyber Pokhuunkhwa” Control of Marcotte Suinstances Avi, 2019 (Khyber Paklitmkhwa Act No,’ x OF 2019), hercinaflcr referred to as the Sectiin 2, clause (an)shall be deleted, 2. Amendment 6f see Xo, XXXT of 2019.— “Department” Paktivsistels “Goversimem, the wo! Fa coatttendmene-of section 4 of Khy' «ln the:said Act, in section 4, for the word Shall-be substituted, bathe UneMMent OF section 9 of Khyber Bakhtunkhwa Act No, XXXI of 2019,— {n the said. Net, ia'seetion 9, in sutesection De (9) "in clause, (a), after the words ‘nsychotropic substances”, the words “exeapt wmethamphetamine inserted; and (b) ih cliuse.¢a), for the Semi-colon‘and the word “ar”, Appearing | shall b¢ replaced’ by a colon and thereafter the following proviso shall be inserted; namely: ed that offences relating to ar involving methamphetamine as ion 10 shall be-dealtin accordance with section 11 of this at the end, "Pri Provided “A ee seeli 4. Amendment of section 22.of Khyber Pakhtunkhiva Act No. XXNI of 2019.. 1s | +-In the said Acly in-section22.- | appoint”, the words “or (aj in subsseation (1), aNer the word “e: ablish”, and * designate” and “or confer" shalkt8peclively-be inserted: antl Sub-section shall be added, nanie! $i (b) after sub-section (3);.the following new “(4). Notwithstanding the. tepeal of the Contral of Substances Act. 1997 {Act No, XXV of 1997), under section 59 of this Act, “hereinatier referred as repeated Aci" he Court functioning under the repealed Act shall contintie to entefiain and dispose of matters under this Act, till the time off nation of Special Court and conferment of Necessary establishment or des Powers thereupon, under this Act:”, Substitution of section 26 of Khyber Pakhtunkhia Act No. XXX1 of 2019. the said Aet, for section 26, the Following shall besubstituted, namely ~~ (1) Except as. otherwise provided! in this “26. Applicalion ofthe Code, ‘ode. shall mitatis mutandis apply to all Act, the’ provisions of the C. Proceedings under this Act./ renee ikfttivenastn somes aie zo SASe.af: Neaces:aunishable er this Act bail shatt not is Court is of the opinion that itis a strong ee Sins he security of a substaiitial amount. 7% Inserti ft ' 2019.—~Inthe OF new Sectlans. tothe Khyber: Pathtunttwa Act No. X: XL of Ng new: sections shall be Inserted, namly: Sh aller seetion 34, the feller “3d, Articles-conneeted wi SoH Committed. -. Arcolics.--'{1) Whenever any offence has Psycho a hable under thisAct, the: narcotic ung, trolled: substan Materials, apparatus and Fat oe BY Means of which, such offence hos been ‘beTiablé to-confisedtion, Jarcolic “tug, psychorropic substance of cantrolled Mpotted, transported, manufactured, possessed, “Or otherwi 7 Substance Section (1) and hicles, vessels and’ “ollies Conweyanges used in eartying, such dtugs tad substances shall likewise ‘Be liable to confisention:’ Feceptacles: or packages, and ‘the E Provided tliat.no vehicle, VesseLor otlicr conveyance shall be tiable to confiscation unless’ it. is proved that the owner Knew that the offence way ing. or was to'be, committed. 348. Proce far Making. confiseatton- (1) Inv the ‘Arial of offences ict: whether the accused is: cofvicted ox Acquitted, the Special ‘Court shall decide- whether in icle frozen of seized in-conection with: sitel offence is:tinble to confiscation. Where-any arliclt scized under this’ Act.appears la: be fable to sation ini tidn 34A, but-the person who commited the oflence in connection therewith’ is KnoWwh oF cannot be found, the Special Court rfiay ‘inquire into’ and decide such fiabi ty, and may ofder ‘confiscation necordingly: Provided that no order of confiscation of an article shall be made unul the expiry of oncsmonth from the date of freezing or seizure, or without hearing any person who may:clainy any right thereto and the evidence, if anv, which he produces it respect’of his claim: Provided further. that if oy such, article other than a nis ie psychotropic substance ‘or controlted substance is Viable : cee n aatural decay or incase .o! a vehicle, the. Director General or 2 ee officer. authorized “by him through notification in the official Gazette, is o: ae piwARi, 31 JANUARY, 2020 44 AOR eat conn GAZETIE FATASOIOWARL ; af such afticle gr vebicle.is for the enefit of 1 own sale of ‘saute gr vebiclenis for the henafit of it sal chi netick ich a . he may, withthe approval ofthe: Special Court. tease may be, th and by’ public muetron, direct that the artele ors 8 ee ie ay Be fhe Vehicle be sold in accordance with the rules made re for Drug Able Proceeds shall be deposited-in the-Government Treasury g the final judgiient of the'calirt. int peal the (3). Af on-adjudication,sor ag the ease may be, in Oe . fave aa ‘eliisle or, asahe ease maybe, an article $0 dald is fount nat to have Been liable to such:confiseatiog, thé.cntire sale proceeds shall be han} fee the owner, : ue (4) Unless othenvige prescribed a riarcotie “drug, Bete substance or controlled substineé seized under this Act-shall be disposed of under Section S16, of the'Code.”. § eo «Amendment of section 44 of: Khyber Pakh(unkhwa Act No. XXXI of 2019.x-In.the snid Aet,- i : (2) the existing section 44 shall be numbered as sub-section (1) of scctian 4 3nd in ‘stib:scction (1) as so nunibered, for the word “Government™ the words “Department, silly thé approval -of Chief Minister” shall be substituted: and (b) after -sub:section (1), a8 $6 ‘nurnbered,.he following new sub-section shall-be-added, namely: (2) Department, .in-corisultation with Secretary to Government, Home’and Tribal Affairs Department mny declare one or more existing police stations ‘under the Khyber Pakhtunkhwa Police Act, 2017 as Excise Police Station-forllie purposes ofthis Act.”. 9, Amendment of section 45 of ‘Khyber Pakhinnkhwa Act No. XXXI of 2019.—In the said Act, in section 45, in sub-section (1), for the word “Government” the word “Department” shall be substituted. 10. Amendment of section 46-0f Khyber Pakhtunkhwn Act No. XXXI off 2019:—In, the said Act, in section 46, in sub-section (3), for the word “Government” the word “Department” shall tic substituted. 1. Amendment of section 59 of Khyber Pakhtunkhwa Act No. XXXI of 019.—In, the.said Act, in section $9, after sub-section (2), the fallowing new sub; rction shall, be,added, namely:rr remneauon na cdenvennirey «(30 All the Setions tak : eaaaae the Depanarer Tons taken, proceedings commenced ahd things d eM oF Police, from. eof September, 2019 4 mee of the Khyber Of September; 2019 till the commencerscet 202 akhtunkhwa Control of Naresile Substances (Amendment) ol be deeined to have been dalidly taken, commenced and Peshawar'thes “SHAH FARMAN Dated the 30 November, 2020, Governor of the Khyber Pakhtunkbwa eee MOSCOD AHMAD “secettaryte Gevemment of tre Rhye Pao lar, Patarsentary Ala 39 Ytaman Rights Deparirect. rrestnanasioein say. tine ber Bree Peters Pe)