Drug Laws in Pakistan - Chapters 1 & 2

Introduction - Chapter 1

• The Appellate Board is the board constituted under section 9.
• The Central Licensing Board is a board set up under section 5.
• A Government Analyst is a Federal or Provincial Government Analyst appointed under section 16.
• An Inspector is a Federal or Provincial Inspector appointed under section 17.
• The Provincial Quality Control Board is a board set up under section 11.
• The Registration Board is a board set up under section 7.
• A "registered drug" is any drug registered under section 7.
• A Drug Court is a court established under section 31.

Administration and Enforcement - Chapter 2

• The Federal Government constitutes an Appellate Board to handle appeals from decisions made by the Central Licensing Board, Registration Board, Licensing Authority, or any board/authority with powers delegated by the Federal Government per section 12.
• Inspectors can operate within their assigned local limits and, with licensing authority permission, in other areas, subject to section 19 and related rules.
• Inspectors can require individuals to appear to give statements, assistance, or information related to offence investigations under the Act.
• Exemptions under Sections 132 and 133 of the Code of Civil Procedure, 1908, apply to attendance requisitions.
• Inspectors seizing drugs or articles under section 18 must provide a receipt in the prescribed form.
• When Inspectors seize drugs with visible filthy, putrid substances, vermin, insects, or foreign matter, the sample should be sealed, marked, and allowing the person from whom the drug was seized to add a seal.
• These samples taken by inspectors must be produced before the Drug Court, Central Licensing Board, or Registration Board before proceedings are started.
• Federal Inspectors unable to act under section 30 must report the matter and hand over the stock to the Provincial Inspector.
• A Government Analyst who receives a drug sample under section 19(3) must deliver a signed report in quadruplicate to the submitting Inspector and forward a copy to the designated authority.
• Upon receiving the analysis report, the Inspector must deliver one copy each to the person from whom the sample was taken and to the warrantor, according to section 32(3).

Prohibitions - Chapter 3

• No one may print labeling for drugs needing registration under this Act if the drug isn't registered by the Federal Government's date under section 7(6).
• No person with a license may manufacture that drug.

Offences, Penalties and Procedure - Chapter 4

• Individuals importing, manufacturing for sale, or selling counterfeit drugs, or giving false warranties violating section 23 without proof of reasonable belief in the warranty's truth, are liable.
• Repeat offenses under section 27(1) lead to life imprisonment or a minimum of five years, plus a fine up to two lakh rupees.
• Repeat offenses under section 27(2) result in imprisonment from two to ten years, plus a fine up to two lakh rupees, or both.
• Repeat offenses under section 27(4) are punishable with imprisonment up to seven years, or a fine up to one lakh rupees, or both.
• Upon conviction for violating the Act, the Drug Court can order forfeiture of the drug stock/substance related to the offense
• If the offence is punishable under section 27 (1), equipment for manufacturing or selling the drugs, containers, and vehicles used in transport can be forfeited to the Federal or Provincial Government.
• Under section 19, prosecutions require a Federal Inspector's approval for violations related to section 23(1)(h), section 24, or rules about importing/exporting, manufacturing for sale, or selling unregistered drugs or unlicensed drugs.
• Offences not covered under section 27(1) are non-cognizable, despite the Code of Criminal Procedure, 1898.
• Someone not a drug manufacturer or distributor isn't liable under section 23 if they prove unaware of the drug's violation, the drug's state remained unchanged while in possession, and the drug was acquired from a licensed manufacturer/agent/importer under a written warrant confirming compliance with Section 23, and proper storage, with a valid manufacturing license.
• Laws on customs and powers of customs officers, along with the Customs Act of 1969, apply to drugs prohibited under this act.
• Customs officers have the same powers concerning these drugs as they do for other prohibited goods, subject to section 27.
• Every Inspector is deemed a public servant per section 21 of the Pakistan Penal Code (Act XLV of 1860) and operates under the authority specified by their Government appointment.