The provincial government of Khyber Pakhtunkhwa will establish special Anti-Narcotics Courts to try offences under the KP Control of Narcotic Substances Act, 2017. According to the draft bill presented in the provincial assembly, the provincial government in consultation with Chief Justice of the Peshawar High Court will establish special courts for the purpose. However, there shall be two classes of special courts to try offences under the Act.
One class of the special Anti-Narcotics Courts will hear cases, which will try the cases of unlawful cultivation of any cannabis plant, opium poppy, narcotic substances and inter-provincial carriage of narcotics substances etc.
The second class of the special courts under the Act will try the offences of the narcotics substances of more than 10 grams, but not exceed one hundred grams. Punishment for the offence is included imprisonment, extendable up to two years and with fine extended upto Rs 100,000, but shall not be less than Rs 50,000.
The second class of the special court will try the violators of the prohibition of methamphetamine, whose proposed punishment are included imprisonment not less than seven years and shall also be liable to fine not less than Rs 3,00,000 if the quantity of methamphetamine does not exceed 100 grams.
After the establishment of special courts all anti-narcotics cases where the sentences of an offence is two years or less, shall stand transferred to the respective special courts comprising a Judicial Magistrate and all other cases to the respective special courts comprising of District and Sessions Judges and Sessions Judges of the district concerned.
Notwithstanding anything herein before contained, a remand may be granted by the nearest special court comprising a Judicial Magistrate of the district concerned.
The special court may issue to an officer of the Narcotics Wing established under the Act, not below the rank of Sub-Inspector, a warrant for the arrest of any person whom it has reason to believe to have committed an offence punishable under this Act for the search, whether by day or by night, of any building, place, premises, dwelling house or conveyance in which he has reason to believe that any narcotic substance is kept or concealed.
Provided that the officer, to whom a search warrant is issued, shall, in case of a dwelling house, be accompanied by lady constables and an opportunity to the women of such dwelling house shall be given to observe pardah in order to maintain the dignity and modesty of the women and dwelling house.
An officer of Narcotics Control Wing, not below the rank of Sub-Inspector or any other officer of equivalent rank duly authorized by the Director General, in this behalf, who from his personal knowledge or from information given to him by any person, is of opinion that any narcotic substance is kept concealed in any building, place, premises, dwelling house or conveyance and warrant for the search or arrest cannot be obtained from special court against such person without affording him an opportunity for the concealment of evidence or facility for his escape, such officer may enter into any such building, place, premises, dwelling house and in case of resistance break open any door and remove any other obstacle to such entry.
The officer can also seize such narcotic substances, methamphetamine and other materials used in the manufacturing thereof and any other documents which he has reason to believe to be liable for confiscation or any furnish evidence of the commission of an offence punishable under the Act; and search and, if he thinks proper, arrest any person whom he has reason to believe to have committed an offence punishable under this Act.