RULE

BALUCHISTAN PROHIBITION (ENFORCEMENT OF HADD) RULES, 1979 BALUCHISTAN PROHIBITION (ENFORCEMENT OF HADD) RULES, 1979 [Gazette of Baluchistan, Extraordinary, 9th January, 1980] No. 63,/158‑Exc.‑In exercise of the powers conferred by Articles 21 and 31 of the Prohibition (Enforcement of Hadd) Order, 1979 (President's Order No. 4 of 1979) the Governor of Baluchistan is pleased to make the following rules, namely :‑ 1. (a) These Rules may be called the Baluchistan Prohibition (Enforce ment of Hadd) Rules, 1979. (b) They shall come into force with immediate effect. 2. In these rules, unless the context otherwise requires :‑ (a) "Export" (except in the phrase "export out of Pakistan") means to take out of the Province otherwise than across a customs frontier. (b) "Excise and Taxation Officer" means an Officer appointed as such by the Government. (c) "Excise Commissioner" means Member, Board of Revenue, Baluchis tan holding the charge of the Excise and Taxation Department or any other officer appointed by the Government as such. (d) "Director, Excise and Taxation" means an officer appointed as such by the Government. . (e) "Government" means Government of Baluchistan. (f) "Import" (except in the phrase `import into Pakistan' means to bring into the Province otherwise than across a customs frontier. (g) "Licence" includes a pass or permit granted under these rules or under the Excise Regulation, 1915 (1 of 1915) or under any rules, Notifications or orders made thereunder. (h) "Order" means the Prohibition (Enforcement of Hadd) Order, 1979 (President's Order No. 4 of 1979). (i) "Resident Excise and Taxation Sub‑Inspector" means a Sub‑Inspector posted for the time being at a hotel licensed under the order. 3. (1) The Director, Excise and Taxation shall exercise and perform all or any of the powers and functions of Collector under the Order within his jurisdiction. (2) The Excise and Taxation Officer shall exercise within the district of his posting the powers of Prohibition Officer under the order. 4. (1) Subject to control of the Collector and the District Excise and Taxation Officer, all Excise and Taxation Inspectors and Sub‑Inspectors shall exercise the powers of a Prohibition Officer within their respective jurisdictions, except the power under Article 22 of the order. (2) All Excise and Taxation Head Constables and Constables shall be deemed to be officers appointed under Article 21 of the Order to assist the Collector or the Prohibition Officer under whom they be serving for the time being for the purposes of the Order. (3) The powers of officer referred to in sub‑rules (1) and (2) for arrest, detention, seizure or other functions under the Order shall stand mutatis mutandis classified or restricted according to their respective powers as Excise officers within the meaning of Notification No. 35/A‑59‑Exc. dated the 14th December, 1946 issued by the former Chief Commissioner of Baluchistan. (4) A Prohibition Officer shall exercise the powers of a Police Officer under Chapter XIV of the Criminal Procedure Code while conducting investigations in a cognizable offence under the Order. 5. The Medical Practitioner for the purpose of Article 12 of the Order shall be the nearest authorised Medical Officer easily accessible according to the circumstances of the case. He may examine the person referred to him under Article 12(1) of the Order with respect to the presence of an intoxicant‑ in his breath or blood stream or stomach. If the authorised medical officer can presume the taking or influence of the intoxicant from any-other symptom such as hangover effects, nausea, headache. gastritis, thirst, generalised residual malaise, physical or mental incompetence or over‑drowsiness, Euphoria, Dysphoria or other after effects of taking an intoxicant he may dispense with the aforesaid examination. 6. When any person is arrested by any competent officer, if he is not a Prohibition Officer, be shall forward him to the Prohibition Officer of the areas, with a report containing the facts relating to his arrest and if the Prohibition Officer is satisfied on the basis of the material and facts placed before him that a prima facie case is made out against the accused and the accused is not released on bail he may be sent to the Police Station of the area where the offence has been committed for custody and formal registration of the case. 7. No person, accused or suspected of having committed an offence under the Order, shall be detained for a period longer than is reasonable under the circumstances of the case and such period shall not in the absence of special order of a Magistrate, whether having jurisdiction to try a case or not, exceed 24 hours, exclusive of the time necessary for the journey of such person to the place where the office of the Prohibition Officer is situated and from there to the Court having jurisdiction to try the case. 8. The Officer Incharge of a Police Station shall take charge of and keep in safe custody, pending the orders of a Magistrate or a prohibition Officer, all articles seized under the order which may be delivered to him and shall allow the Prohibition Officer to affix his seal to such articles and to take samples therefrom. 9. Subject to any order that may be passed under section 517 of the Criminal Procedure Code, every article, the confiscation of which has been ordered by the Court under Articles 14 and 15(1) of the order, shall be made over to the Collector of the area in which such Court is situated. 10. (1) All articles made over to the Collector under the foregoing rules or confiscated by him under Article 15(2) of the Order shall be disposed of as follows :‑---- (a) An intoxicant shall be destroyed or disposed of under the orders of the Collector. In the case of its destruction, this shall be done in the presence of the Prohibition Officer. (b) All other articles made over to the Collector in accordance with the rules shall be sold in such manner as he may direct; (2) Sale proceeds of all articles sold under the proceeding sub‑rule shall be credited to the Excise and Taxation Department under the sub‑head "J‑Fines Confiscation and Misc" subordinate to the main head "VIII‑Provincial Excise." 11. The authorities competent to hear appeals, the time and manner of presenting appeals and the procedure for dealing with them shall mutatia mutandis be the same as laid down under the Excise Regulation, 1915 (1 of 1915) and Rules made thereunder, provided that for the purpose of the said rule a Prohibition Officer and a Collector under the Order shall be deemed to correspond to an Excise Officer and a Collector, as the case may be, under the Excise Regulation, 1915 (1 of 191'5) and the conditions mentioned therein. Appeal against the orders of the Collector shall lie with the Excise Commissioner. PART II 12. The following liquor permits shall be granted, in the form prescribed by the Excise Commissioner by the authority and to the persons specified ' below and shall be treated as licence under Article 17 of the Order for the purpose specified as under and subject to the further conditions as prescribed by the Excise Commissioner :‑ Form Authority grant Competent to To whom Purpose of Per‑ renew granted mit 1 2 3 4 5 PR‑I Prohibition Officer. Not renew‑ Non‑Muslim citi‑ For purchase, posses‑ able. zen of Pakistan sion, transport or not below the age consumption of such of 21 years. quantity of intoxi cating liquor at or about the cere mony prescribed by his religion not exceeding at a time that specified in the permit. PR‑II Prohibition Officer Not renew‑ Non‑Muslim fore‑ For purchase, posses‑ provided that the able. igner holding a sion, transport of resident Sub‑Ins‑ valid passport. such quantity of pector posted to intoxicating liquor the institution may not exceeding at a be treated a Pro‑ time that specified in hibition Officer for the permit for his the grant of such personal consump permit in favour tion at his residence of foreigners and or a hotel room in tourists staying in his occupation. that institution. 13. (1) The powers to grant or renew permits shall be exercised subject to the control of the Excise Commissioner. (2) All or any of the powers of a Prohibition Officer Specified above may be exercised by the Collector or Excise Commissioner. 14. (1) An applicant for a permit under these rules may be required to supply all or any of the following particulars :‑ (a) Name and address of the applicant; (b) Father's name; (c) Age; (d) Particulars of identity card or the passport as the case may be; (e) Religion. (2) The application for the grant of permit in Form PR‑1 shall be made in Form PR‑III and that for permit in Form PR‑11 shall be made in Form PR‑IV as prescribed by the Excise Commissioner. 15. The permit shall be non‑transferable. 16. The permit granting authority may refuse to grant a permit if in its opinion the permit applied for is liable to abuse. 17. A permit in form PR‑11 shall expire on 30th June of each year unless otherwise specified therein. 18. (1) The quantity of liquor authorised under the permit shall be stated in permit in units and one unit shall for the purposes of these rules be deemed to be equal to one quart bottle of any kind spirit including liquor or three bottles of wine or medicated wine or 16 bottles of beer. (2) The Excise Commissioner may from time to time fix the maximum quantity of liquor to be allowed, possessed or consumed under each of the permits. He shall be competent to increase or decrease generally or specially the quantity of liquor to be allowed or direct what kind of liquor is to be supplied to the consumer or a class of consumers. 19. (1) The fee for the grant of permit in form PR‑I shall be charged at the rate of Rs. 20 and for a permit in form PR‑1I Rs. 10 per calendar month or a part thereof. (2) The permit fee under these rules may be paid in cash or as court fee stamps to the authority granting the permit. A receipt shall he given by the authority granting a permit for the fee recovered in cash and the amount shall he deposited into the Government Treasury without delay. 20. The Excise Commissioner may declare from time to time which liquor is to be treated as intoxicating liquor and what preparations, spirituous medicinal preparations, flavouring essences, extracts, colourings, perfumes. diluted preparations containing alcohol including denatured and rectified spirits are not to be treated as intoxicating liquors. 21. The authority granting a permit under these rules may cancel or suspend it for reasons to be recorded in writing. 22. No permit under these rules shall be used as a means to evade the provisions or the intent of the Order. 23. No permit holder shall sell, gift or otherwise transfer liquor to a non‑entitled person in any manner or serve any Muslim with intoxicating liquor. 24. A permit holder under these rules shall produce his permit on demand by the Prohibition Officer. PART‑III 25. The following licences may be granted or renewed by the authority stated against each‑ ‑ ‑ Form and Nature of licence Authority competent to Grant Renew L‑I (Licence for import, export, transport Government or Subject Collector or sale of intoxicating Liquor to the to the control of persons holding L‑I or L‑11 or equi‑ Government, Collector. valent licence/licences. L‑2 Licence for retail sale of intoxi‑ ‑do‑ ‑do‑ cating liquor. L‑3 Licence for manufacture of intoxi‑ ‑do‑ ‑‑do‑‑ cating Liquor. 26. The forms, the conditions, the fees, the procedure for grant, suspension, cancellation of the licences, the accounts to be maintained and other particulars subject to the provisions of the Order, the rules made thereunder and special conditions hereinafter mentioned shall be mutatis mutandiv the same as have been in force in respect of the licences of the description and nature indicated in rule 25 issued under the Excise Regulation, 1915 (1 of 1915) and rules made thereunder. The following shall be the special conditions of L‑2 Licence :‑ (a) The licence shall cover only the sale of intoxicating liquor for con sumption by the entitled persons holding a valid permit.' (b) Sale exceeding one month's quota of a permit holder shall not be made by ‑the licensee at time. (c) The Excise Commissioner may from time to time regulate the retail sale price of intoxicating liquor to be sold under the licence in Form L‑2. 27. No licensee shall sell intoxicating liquor to any Muslim whether a citizen of Pakistan or not and to a non‑Muslim citizen of Pakistan who is not holding a permit in Form PR‑I PART IV 28. The Excise Commissioner may grant a licence to be called Govern ment Opium Alkaloidal Factory Licence, for the manufacture, storage, sale and issue of opium on Government account to a Government agency or a nominee of the Excise and Taxation Department, subject to the conditions to be laid down by him. Such licence shall be utilized for manufacture of medicinal or other forms of opium on Government account only. 29. Opium in tablets or in any other form may be supplied by the Government to a person in respect of any institution, whether under the management of Government or not, for medicinal purposes. 30. The Collector may grant a licence in form 'OL' for storage and sale of opium in favour of a person in respect of an institution, whether under the management of Government or not. Such licence shall be issued only to meet requirements of such addicts against a 'Prescription Card' issued by an authorised Medical Officer who will testify that without opium he is likely to suffer from serious illness causing apprehension of death. 31. The licensee shall maintain such accounts and abide by such conditions and instructions as may be issued by the Excise Commissioner from time to time to ensure that the aims and objects of the order are not defeated. 32. The prescription Card referred to in rule 30 and the application for the grant of the prescription Card and the accounts referred to in Rule 31 shall be in such form as may be notified by the Excise Commissioner. 33. The form 'OL' referred to in rule 30 will contain the following particulars FORM 'OL' (1) Name of the person with institution. (2) Location and address. (3) Maximum quantity of opium to be possessed under the licence.