Bone of contention: Centre opposes K-P narcotics bill

Law will boost excise dept’s role at expense of ANF, police

PESHAWAR: The federal government has advised Khyber-Pakhtunkhwa against enacting a separate law for curbing narcotics in the province.

The federal narcotics control secretary has sent a letter to the K-P chief secretary, raising objections to the provincial government’s move to make its own law that would limit the role of the Anti-Narcotics Force (ANF) and police.

The K-P Excise, Taxation and Narcotics Control Department drafted ‘The Khyber-Pakhtunkhwa Control of Narcotic Substance Act 2017,’ which was approved by the cabinet and tabled in the provincial assembly in October. The draft was sent to a select committee of the assembly, headed by the minister for excise and taxation and narcotics control.



The federal secretary says in his letter that the role of the centre in countering narcotics trafficking is critical at the national and international level as the Constitution provides vast authority to the federal government under Article 142(b) to legislate, amend, repeal and implement criminal laws throughout the country, without any impediment.

The letter refers to Entry 3, 32 and 27 of the Federal Legislative List of the Constitution, claiming that the powers regarding narcotics control should remain with the federal government and emphasising the supremacy of the Control of Narcotic Substance Act 1997 in the provinces as compared to provincial laws.

It adds that the federal act of 1997 is a criminal law as it deals with counter-narcotics efforts, seizure, arrests, investigation and prosecution. Under Article 124 of the Constitution, both provincial assemblies and parliament can make legislation with respect to criminal laws and procedures. The letter says the legislation of the provincial assembly on the subject would be void in the presence of the Control of Narcotic Substance Act 1997. Article 143 holds a law and any provision passed by a provincial assembly void if it is repugnant to an act passed by parliament, it points out.

The letter also mentions other laws passed by the federal government which the provinces can’t amend. They can only suggest such amendments to the federal government. These include the Anti-Terrorism Act 1997, Cyber Crime Act 2016, Fair Trial Act 2013, Pakistan Penal Code 1860, Immigration Ordinance 1997, Anti-Money Laundering Act 2010 and Prevention and Control of Human Trafficking Ordinance 2002.

The letter advises the K-P government to set up centres for de-toxification, de-addiction, education, rehabilitation and social integration of drug addicts in the province under Section 53 of the Control of Narcotics Substance Act.



So far only Sindh has opened two rehabilitation centres in Karachi and one each in Hyderabad and Sukkur. “It would be appreciated if provinces concentrate on the task given rather than carving out new tasks,” the letter adds.

In addition to the federal government, the K-P bill is also a bone of contention between the provincial police and the excise department. It limits the role of the ANF and the police and empowers the K-P excise department for curbing narcotics in the province.

The bill was about to be adopted by the K-P Assembly when Speaker Asad Qaiser deferred it, saying he had received reservations from “concerned quarters”. It is still under consideration of the select committee to which it was later referred by the speaker.