Anti-Narcotics Force

2018 PLD 57 PESHAWAR-HIGH-COURT Judicial Precedent

S. 9(c)Anti-Narcotics Force Act (III of 1997), S. 5Frontier Crimes Regulations (III of 1901), Regln. 11Constitution of Pakistan, Arts.199 & 247(7)Notification No. F.12(3)/98-POB, dated 19.11.2009SRO No. 1295(I)198, dated 16-11-1998Constitutional petitionMaintainabilityAnti-Narcotics ForceFunctionsFederally Adminsitered Tribal Area (FATA)Sixteen kilograms heroin was recovered from the house of the accused-petitionerFirst Information Report was lodged against petitioner and two other personsPolitical Agent Khyber Agency tried the petitioner under S.9, Control of Narcotic Substances Act, 1997

Petitioner having been arrested under Control of Narcotic Substances Act, 1997, four jirga members were appointed and issues were framed

Jirga members obtained the consent of the petitioner and gave their unanimous verdict by awarding sentence of 14 years to the petitioner

Appeal before Commissioner under the Frontier Crimes Regulations, 1901, was dismissed

Revision petition before the Federally Administered Tribal Area Tribunal, was also dismissed

Petitiner challenged the conviction and sentence before the High Court under Art.199 of the Constitution

Validity

Political Agent, under Notificaiton No.F.12(3)/98-POB, dated 19-11-2009, was empowered to try and punish the accused charged for offence under the Control of Narcotic Substances Act, 1997, committed within Federally Administered Tribal Area (FATA)

President of Pakistan by virtue of SRO No.1295(I)198, dated 16-11-1998 in compliance with Art.247(3) of the Constitution of Pakistan, had conferred jurisdiction on the Political Agent and had extended the application of the Anti-Narcotics Force Act, 1997 and Control of Narcotic Substances Act, 1997 to FATA, however, hierarchy setup under the Frontier Crimes Regulations, 1901 would continue to exercise its jurisdiction and authority in these cases by necessary implication

Jurisdiction of High Court was not extended to Federally Administered Tribal Area (FATA), in view of Art.247(7) of the Constitution of Pakistan

Constitutional petition was dismissed accordingly.

2013 PLD 23 PESHAWAR-HIGH-COURT Judicial Precedent

Ss. 9(c), 46 & 48Anti-Narcotics Force Act (III of 1997) S.5Constitution of Pakistan, Arts.10-A, 247 & 199Notifications S.R.O. 1295(I)/98, dated 16-11-1998Notification S.R.O. 489(I)/98 & 4-4/98-ANF, dated 6-12-2010Constitutional petitionFair trial, right ofAnti-Narcotics ForceFunctionsFederally Administered Tribal Area (FATA)Petitioner was accused arrested under Control of Narcotic Substances Act, 1997, from the area situated in FATA

Petitioner sought quashing of proceedings on the ground that neither Control of Narcotic Substances Act, 1997, nor Anti-Narcotics Force Act, 1997, was applicable in FATA

Validity

Notifications/ Regulations issued by the President were within his legislative competence with regard to FATA

Effect of both the enactments i.e. Anti-Narcotics Force Act, 1997 and Control of Narcotic Substances Act, 1997, had been extended and made effective/operative in FATA

All raids conducted by Anti-Narcotics Force in two Tehsil of Khyber Agency were within lawful authority of police station Anti-Narcotics Force Peshawar

All actions taken, investigation conducted, inquiries made, seizure of narcotics made, recovery of the same effected were lawful and same could not be quashed or set at naught

Petition was allowed accordingly

Once President through notification had conferred jurisdiction on Political Agent and extended applications of Anti-Narcotics Force Act, 1997 and Control of Narcotic Substances Act, 1997, to FATA then hierarchy setup under Frontier Crimes Regulations, 1901 continued to exercise its jurisdiction and authority in such cases by necessary implications

Jurisdiction of High Court was not extended to FATA in view of Art. 247(7) of the Constitution

High Court recommended that such legal anomaly, posing considerable confusion, needed to be clarified and ambiguity had to be removed by the President while exercising powers conferred upon him under Art.247(5)(6) of the Constitution, so that High Court would be invested with and conferred upon appellate jurisdiction to hear appeals against order of conviction or acquittal, as the case might be, passed by Political Agent in exercise of powers of Sessions Judge, in cases of Control of Narcotic Substances Act, 1997

Quantum of punishment provided under S. 9(c) of Control of Narcotic Substances Act, 1997, was harsh and required to be scrutinized and reappraisal of evidence to be made in a fair and just manner by High Court and not by Executive Officer like Commissioner under Frontier Crimes Regulations, 1901

Without making such clarification and conferring powers of Appellate Court on High Court against order of Political Agent in the capacity of Sessions Judge, mandatory requirements of Art. 10-A of the Constitution would stand violated and fair trial being a fundamental right, would be denied to the accused

Proceedings conducted by Anti-Narcotics Force of Peshawar police station were within its lawful authority

Petition was allowed accordingly.