DAWOOD-UR-REHMAN vs State S — 2022 PTD 1611 KARACHI-HIGH-COURT-SINDH

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DAWOOD-UR-REHMAN VS State S. 2(s)---Control of Narcotic Substances Act (XXV of 1997), Ss.9, 72, 74 & 76---Possession of narcotics---Smuggling---Application of Customs Act, 1969---"Act to override other laws"---Scope---Prosecution case was that the FIA conducted raid at a house and recovered 170 bags of ketamine, tactfully concealed in bags of rice meant for export---Accused was arrested as he was present at the spot---Challan of the case was not filed in any court, therefore, the accused approached High Court for seeking bail---Special Judge (Customs, Taxation and Anti-Smuggling) had not entertained the report of the police and had returned the same---Investigating Officer, thereafter, reportedly attempted to submit the challan in the court established under Control of Narcotic Substances Act, 1997, but it was not accepted for want of jurisdiction---Validity---Section 72 of Control of Narcotic Substances Act, 1997, envisaged that prohibition and restriction imposed under the Act on import, export of narcotic drug, psychotropic substances would be deemed to be prohibitions and restrictions imposed under the Customs Act, 1969, and the provisions of said Act would apply---First proviso stipulated that notwithstanding anything contained in any law including the Customs Act, 1969, all the offences relating to narcotic drugs would be tried under the provision of the Act---Second proviso, which appeared to be aimed at meeting any investigation related exigency in that regard, elucidated that where an Officer of Customs apprehended a person involved in any such offence, he would be empowered to carry out inquiry or investigation in the manner as an officer authorized under this Act, which meant that if an offence of smuggling in terms of Customs Act, 1969, was committed in respect of any narcotic drug, etc. the scheme under Control of Narcotic Substances Act, 1997, would come into play and the accused would be dealt with under the provisions of said Act---Arrest and investigation by an officer not strictly authorized by the Act would stand legitimized as having been done by an officer under the Act---Outcome of such investigation for conducting a trial would be the subject matter of the Act and would be looked into by a Court established under the Act---Combined reading of Ss. 74 & 76 of Control of Narcotic Substances Act, 1997, jointly provided an overriding character of Control of Narcotic Substances Act, 1997, in the matters of punishment to an accused involved in narcotics cases and applicability of its provisions notwithstanding anything contained in any other law---Even in the face of any conflict between provisions of said Act and other laws criminalizing an action, its consequence, and the medium to deliver or enforce it, provisions of Control of Narcotic Substances Act, 1997, would prevail over the other law---Investigating Officer was directed by the High Court to submit challan in the court established under the Control of Narcotic Substances Act, 1997---Petition was disposed of accordingly.

DAWOOD-UR-REHMAN vs State S — 2022 PTD 1611 KARACHI-HIGH-COURT-SINDH

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