Conflict resolved? K-P approves draft narcotics bill

Cabinet asks to empower all four entities, police, excise, ANF and Customs

PESHAWAR: A dispute between the Khyber-Pakhtunkhwa police and the excise department, over who has the authority to crack down on drug dealers, has been settled after the provincial government approved a draft of the controversial drugs bill.

Khyber-Pakhtunkhwa (K-P) Chief Minister Pervez Khattak, in a cabinet meeting on Thursday, asked the concerned departments to empower the provincial police, excise and taxation departments, the Anti-Narcotics Force (ANF) and Customs under the draft K-P Control of Narcotics Substance Bill 2018.

Officials present in the meeting told The Express Tribune that Khattak had sought a meeting of the K-P assembly’s select committee to finalise the bill and then pass it from the assembly so that the relevant authorities can curb rapid growth of crystal methamphetamines, commonly known as ‘ice’ and other drugs which are covered under the bill.

They further said that the committee will have to look at the legal provisions which allow a provincial assembly to make requests to force or a department which works under the federal government.

“We will ask the opinion of the K-P law department on the issue as the cabinet’s decision has raised a technical issue which needs to be cleared,” said an official who is close to the development but requested not to be named.

Official added that the chief minister wants that the bill is passed into law without any further delay to curb the spread of new drugs.

The K-P excise and taxation department had drafted the K-P Control of Narcotics Substance Bill 2018. The bill had subsequently been tabled in the K-P assembly. However, the provincial police department had raised objections over the bill, arguing that it limits powers of the police in controlling narcotics in the province.

After objections from the police, K-P Assembly Speaker Asad Qaider constituted a select committee with the K-P Minister for Excise and Taxation Mian Jamsheduddin as its chairman, to thoroughly review the bill and remove any shortcomings.

At the moment, several forces and departments — including some under the federal government and others under the provincial government — police narcotics in the province under the Control of Narcotics Substance Act 1997, a federal law. These include the K-P police, the ANF and the K-P Excise Department.

Officials at the K-P excise department are of the view that after devolution under the 18th amendment in the constitution, controlling narcotics had become a provincial subject and as such a separate law is required to determine powers of the different departments tasked with policing drugs and to set up a specialized force for this purpose.

Moreover, they argue that the draft bill has provisions which allow them to tackle new drugs which have emerged over the past 20 years.

The bill, however, limits the powers of the K-P police in tackling drugs. The draft bill stipulates that should the police come across any suspect involved in narcotics, they should be handed over to the excise department who will then proceed with the trial of the culprits in courts.

Moreover, the bill also limits the role of ANF and Customs to areas where the jurisdiction of the federal government extends, such as airports and dry-ports.

The police department, however, believes that the Control of Narcotics Substance Act 1997 should continue after amendments to deal with new drugs.

Moreover, the police argue that they are better suited to tackle the drug problem since they are present in every district of the province, quite unlike the excise department.

The cabinet, however, resolved the issue asking them to empower all the four to curb the business.

Published in The Express Tribune, January 27^th, 2018.