Updated: Thursday February 18, 2010/AlKhamis
Rabi' Awwal 05, 1431/Bruhaspathivara
Magha 29, 1931, at 08:31:01 PM
The
(Pb. Act XIII of 2007)
C O N T E N T S
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Establishment and constitution of the Agency.
4. Functions of the Agency.
5. Superintendence of the Agency.
6. Administration of the Agency.
7. Appointment of the Director General.
8. Administrative and financial powers of the Director General.
9. Experts.
10. Expert opinion.
11. Clarification in case of certain opinion.
12. Re-examination of forensic material.
13. Offence.
14. Appeal.
15. Annual Performance report.
16. Act to be read in conjunction with other laws.
17. Power to make rules.
[1][1]The
(Act XIII of
2007)
[
An Act to establish the
Punjab Forensic Science Agency for
forensic examination of
documents, materials, equipment,
impressions or other
objects.
Preamble.– Whereas it is expedient to provide for the establishment and constitution of an Agency for the purpose of examination of forensic material and rendering of expert opinion in respect thereof before Court, tribunal or other authority and for connected matters;
It is hereby enacted as follows:-
1. Short title, extent and commencement.– (1) This Act may be cited as the Punjab Forensic Science Agency Act, 2007.
(2) It
extends to the whole of the
(3) It shall come into force at once.
2. Definitions.– (1) In this Act:
(a) “Act” means the Punjab Forensic Science Agency Act, 2007;
(b) “Agency”
means the Punjab Forensic Science Agency established and constituted under
section 3 of the Act;
I “authority” includes a police officer or a public servant authorized to hold an investigation or inquiry under any law for the time being in force;
(d) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);
(e) “Director General” means the Director General of the Agency appointed under section 7;
(f) “expert” includes a qualified foreign expert working in a forensic science facility and whose evidence is admissible in the country of his origin;
(g) “forensic
material” means a document, material, equipment, impression or any other
object connected with the commission of
an offence, a civil cause or any other proceedings;
(h) “Government” means the Government of the
(i) “inquiry” includes an administrative inquiry;
(j) “offence” means an act or omission made punishable under any law for the time being in force;
(k) “police
officer” means a police officer appointed under the Police Order, 2002 (22 of
2002), or any other person who has been conferred with the powers of a police
officer under any other law for the time being in force;
(l) “prescribed” means prescribed by the rules;
(m) “rules” means the rules made under the Act; and
(n) “Search
Committee” means a Committee constituted for making recommendation for
appointment of Director General.
(2) A word or an expression used in the Act and not defined shall mean the same as in the Code.
3. Establishment and constitution of the
Agency.– (1) The Government
shall, by a notification in the official Gazette, establish and constitute an
Agency to be called the Punjab Forensic Science Agency.
(2) The Agency shall consist of the Director General and experts and officials as may be appointed by the Government.
(3) The Government may, by a notification in the official Gazette, absorb in the Agency a body, bureau, laboratory or any other facility of the Government concerned with the examination and rendering of expert opinion about forensic material.
(4) .An officer or an employee of the body, bureau, laboratory or other facility absorbed in the Agency may opt for employment in the Agency.
(5) The officer or the employee who opts to become employee of the Agency and is otherwise qualified shall be appointed in the Agency in the prescribed manner.
4. Functions of the Agency.– The Agency shall:
(a) undertake examination of forensic material;
(b) render expert opinion with regard to examination of forensic material conducted by it;
I procure, operate and
maintain scientific instruments for examination of forensic material;
(d) propose advancement
in forensic techniques and suggest use of suitable scientific instruments for
examination of forensic material;
(e) seek clarification from the person involved in collection or handling of forensic material in the prescribed manner;
(f) recommend the procedure for the collection, preservation and handling of forensic material;
(g) subject to the
direction of the Government, collect forensic material that requires special
expertise or scientific methods for collection and preservation;
(h) maintain record for examination of forensic material, including record pertaining to the identity of a person connected with or accused of an offence, in the prescribed manner;
(i) promote general awareness on matters relating to forensics; and
(j) perform any other
function connected with or ancillary to the above functions.
5. Superintendence of the Agency.– The superintendence of the Agency shall vest in the Government and shall be exercised in the prescribed manner.
6. Administration of the Agency.– The administration of the Agency shall vest in the Director General.
7. Appointment of the Director General.– (1) The Government shall appoint the Director General on the recommendation of the Search Committee.
(2) The Director General shall be a
qualified expert in one or more disciplines of forensic science in accordance
with the prescribed standards.
(3) The Director General shall hold office for a non-renewable term of five years.
(4) The Government shall determine the terms
and conditions of service of the Director General which shall not be varied
during his term in office.
(5) The Government may, after notice and inquiry in the prescribed manner, remove the Director General during the tenure of his office on the ground of inefficiency, misconduct, corruption or inability to perform functions due to medical reasons.
(6) The Director General may tender his resignation to the Government and shall cease to hold office upon acceptance of his resignation.
8. Administrative and financial powers of the Director General.– The Director General shall exercise such administrative and financial powers as may be prescribed.
9. Experts.– (1) The Government shall appoint an expert in the prescribed manner.
(2) No person shall be appointed as an expert unless he is qualified to conduct examination of a forensic material.
(3) A person appointed in the Agency as an expert shall be deemed as an expert appointed under section 510 of the Code and a person specially skilled in a forensic material under Article 59 of the Qanun-e-Shahadat Order, 1984 (X of 1984).
(4) The Government or the Agency shall not entrust examination of a forensic material to a person who has been convicted of an offence related to giving false evidence under any law for the time being in force.
10. Expert opinion.– (1) A Court, tribunal or authority may send to the Agency, a forensic material related to investigation or proceedings before it, for examination and expert opinion.
(2) The Agency shall authenticate and send expert opinion to a Court, tribunal or authority in the prescribed manner.
(3) An expert opinion shall carry the name and designation of the expert who conducted the examination.
11. Clarification in case of certain opinion.– (1) If an expert opinion is not clear, the Court, tribunal or authority may refer it to the Agency for clarification on a specific question.
(2) The Agency shall, on receipt of the reference, send clarification on the question to the Court, tribunal or authority.
(3) If the condition of the forensic material or any other fact does not allow submission of a clear answer to the question, the Agency shall state its inability to answer the question.
12. Re-examination of forensic material.– (1) A person affected by the opinion of an
expert, may for a sufficient cause, submit an application for re-examination
before the Court, tribunal or authority other than a police officer before
which the opinion is rendered or the Court or tribunal before which the opinion
is submitted by the authority.
(2) If the Court, tribunal or authority is satisfied that there are sufficient grounds for re-consideration of the opinion, it may, for reasons to be recorded in writing, direct the Agency to re-examine the forensic material.
(3) The Director General shall, on receipt of the direction, constitute a panel of three or more experts to re-examine the forensic material or refer the same to a forensic examination facility for examination and opinion.
(4) The Director General shall submit the finding of the expert or the forensic facility and his opinion to the Court, tribunal or authority.
13. Offence.– (1) If an expert or official of the Agency knowingly or negligently renders false, incorrect or misleading opinion before a Court, tribunal or authority, he shall be punished with imprisonment which may extend to six months or with fine which may extend to fifty thousand rupees or with both.
(2) An offence under this Act shall be triable by a Court of Sessions.
(3) The Court shall not take cognizance of an offence under this Act unless the Director General makes a complaint in writing in the prescribed manner.
14. Appeal.– A person aggrieved by an order or sentence passed under section 13
may, within thirty days, prefer an appeal to the Lahore High Court.
15. Annual Performance report.– (1) The Agency shall submit its annual performance report to the Government before July 31 in a year;
(2) The
Government shall, within the period of one month of the receipt of the annual
performance report, submit the same in the Provincial Assembly of the
16. Act to be read in conjunction with other laws.– The provisions of this Act shall be read in conjunction with and not in derogation of any other law for the time being in force.
17. Power to make rules.– The Government may make rules for giving effect to the provisions of this Act.
----------
FORENSIC
SCIENCE LABORATORY OF THE POLICE DEPARTMENT AT
GOVERNMENT
OF N.W.F.P. HOME AND TRIBAL AFFAIRS DEPARTMENT
Notification
No.
SO(P-I)HD/3-2/97. In pursuance of the provisions contained in sub-section (2)
of section 34 of the Control of Narcotic Substances Act, 1997 (XXV of 1997),
the Government of the North-West Frontier Province is pleased to direct that
the Forensic Science Laboratory of the Police Department at Peshawar shall, for
all intents and purposes of the said Act, be also deemed to be Provincial
Narcotics Testing Laboratory set up by the Provincial Government with effect
from the 11th July, 1997.
Sl.
No. 4
APPOINTMENT
OF ANALYST FOR THE PURPOSE OF ANALYZING AND TESTING OF THE NARCOTICS
[Gazette
of
S.R.O.
598(I)/97, dated 07-07-1997. In exercise of the powers conferred by section 35
of Control of Narcotic Substances Act, 1997 (XXV of 1997), the Federal
Government is pleased to appoint the following persons to be the Federal
Government Analyst for the purposes of analyzing and testing of the narcotics
drugs, psychotropic substances and controlled substances namely:‑
(1) Mr. Fahim Uddin Ahmed, Senior
Scientific Officer (Chemical) Drugs Laboratory, National Institute of Health,
(2) Mr. Muhammad Akmal Rajput, Scientific
Officer, National Institute of Health,
(3) Dr. Chaudhry Muhammad Ashraf, Principal
Scientific Officer,
Sl.
No. 5
GOVERNMENT
OF N.W.F.P. HOME AND TRIBAL AFFAIRS DEPARTMENT
Notification
No.
SO(P-I)HD/3-2/97. Government of NWFP is pleased to notify Deputy Superintendent
of Police, Ahmed Mustafa MSc (Biochemistry), L.L.B. already performing the
duties of Chemical Examiner and Serologist in Forensic Science Laboratory of
Police Department, NWFP since 8.8.1978 is hereby appointed and declared as
notified Chemical Examiner and Serologist to the Government of NWFP with effect
from 8.8.1978 for the purpose of section 510, Cr.P.C.
Sl.
No. 6
GOVERNMENT
OF N.W.F.P. HOME AND TRIBAL AFFAIRS DEPARTMENT
Notification
No.
SO(P-I)HD/3-2/97. In pursuance of the provisions contained in section 35 of the
Control of Narcotic Substances Act, 1997 (XXV of 1997), the Government of the
North-West Frontier province is pleased to appoint Mr. Ahmad Mustafa, Deputy
Superintendent of Police, who possesses the prescribed qualification and is
already performing the duties of Chemical Examiner and Serologist in the
Forensic Science Laboratory of the Police Department, as the Provincial Government
Analyst with effect from the 11th July, 1997, for the whole of NWFP and PATA
and in respect of narcotics and other psychotropic drugs prescribed in the Act.
Sl.
No. 7
POWERS,
EXERCISE OF AND FUNCTIONS, PERFORMANCE OF OFFICERS UNDER SECTION 21 OF CNSA, 1997
[Gazette of
S.R.O.
597(I)/97, dated 07-07-1997. In exercise of the powers conferred by sub-section
(1) of section 21 of Control of Narcotic Substances Act, 1997 (XXV of 1997),
the Federal Government is pleased to authorize the members not below the rank
of Sub-Inspector or equivalent of the Anti-Narcotics Force, Provincial Excise
and Police Departments, Inspector or equivalent of the Customs Departments and
Subedar in the Frontier Corps in the Provinces of Balochistan and the
North-West Frontier, to exercise the powers and perform the functions under
aforesaid section and sections 22, 23, 37(2) and 38 of the said Act within the
areas of their respective jurisdiction.
Sl.
No. 8
POWERS
OF INVESTIGATION
[Gazette
of
S.R.O.
600(I)/97, dated 07-07-1997. In exercise of the powers conferred by section 28
of Control of Narcotic Substances Act, 1997 (XXV of 1997), the Federal Government
is pleased to invest the members and officers not below the rank of
Sub-Inspector of the Anti-Narcotics Force and Excise, Customs and Revenue
Departments and Frontier Corps, in the Provinces of Balochistan and the
North-West Frontier, with the powers of an officer-in-charge of a Police
Station for the investigation of offences under the said Act.
Sl.
No. 9
DELEGATION
OF POWERS TO DIRECTOR-GENERAL ANF
[Gazette
of
S.R.O.
594(I)/97, dated 07-07-1997. In exercise of the powers conferred by section 71
of Control of Narcotic Substances Act, 1997 (XXV of 1997), the Federal
Government is pleased to delegate to the Director-General, Anti-Narcotics
Force, all of its powers and functions under the aforesaid Act.
Sl.
No. 10
AUTHORIZATION
FOR MAKING APPLICATION FOR FORFEITURE OF ASSETS OF CONVICTED PERSON
[Gazette
of
S.R.O.
599(I)/97, dated 07-07-1997. In exercise of the powers conferred by sections 39
and 40 of Control of Narcotic Substances Act, 1997 (XXV of 1997), the Federal
Government is pleased to authorize the Director-General, Director and Deputy
Director-General Anti-Narcotics Force, to make applications into the Special
Courts established thereunder and the High Court requesting forfeiture of
assets of person convicted under the said Act or by a foreign court of
competent jurisdiction recognized by the Federal Government.
Sl.
No. 11
CONSTITUTION
OF NATIONAL FUND FOR CONTROL OF DRUG ABUSE
[Gazette
of
S.R.O.595
(I)/97, dated 07-07-1997. In exercise of the powers conferred by section 54 of
Control of Narcotic Substances Act, 1997 (XXV of 1997), the Federal Government
is pleased to:--
(a)
Constitute the National Fund for Control of Drug Abuse for meeting the
expenditure incurred in connection with control and eradication of trafficking
in, and abuse of, narcotic drugs, psychotropic substances, controlled
substances or treatment and rehabilitation of drug addicts; and
(b)
appoint the following persons to be the Chairman and members of the Governing
Body of the National Fund for Control of Drug Abuse namely:-
(i)
Secretary. Narcotics Control Division,
Chairman
(ii)
Director General, Anti-Narcotics Force,
Member
(iii)
Director-General, Health Division,
Member
(iv)
Additional/Joint Secretary, Finance Division,
Member
(v)
Joint Secretary, Narcotics Control Division,
Member
Sl.
No. 12
APPOINTMENT
OF OFFICERS TO PERFORM THE FUNCTIONS OF ADMINISTRATOR
[Gazette
of
S.R.O.
601(I)/97, dated 07-07-1997. In exercise of the powers conferred by section 44
of Control of Narcotic Substances Act, 1997 (XXV of 1997), the Federal
Government is pleased to appoint the officers, specified in column 2 of the
table below, to perform the functions of Administrator of assets freezed or
forfeited under the said Act within areas specified in column 3 thereof.
Sr.
No.
Designation
of the Officer
Areas
1
2
3
1. Regional Director, Anti-Narcotics Force,
All
assets freezed or forfeited within the jurisdiction or Regional Directorate
Anti‑
Narcotics Force of
2. Regional Director, Anti-Narcotics Force,
All
assets freezed or forfeited within the jurisdiction or Regional Directorate of
Anti‑Narcotics
Force,
3. Regional Director, Anti-Narcotics Force,
All
assets freezed or forfeited within the jurisdiction or Regional Directorate
Anti‑Narcotics
Force,
4. Regional Director, Anti-Narcotics Force,
All
assets freezed or forfeited within the jurisdiction or Regional Directorate of
Anti‑Narcotics
Force,
5. Regional Director, Anti-Narcotics Force,
Islamabad/Rawalpindi.
All
assets freezed or forfeited within the jurisdiction or Regional Directorate of
Anti‑Narcotics
Force,
Sl.
No. 13
CONTROL
OF NARCOTIC SUBSTANCES ACT, 1997
Application
to the Federally Administered Tribal Areas [Gazette of
S.R.O.
1295(I)/98. In exercise of the powers conferred by clause (3) of Article 247 of
the Constitution of the Islamic Republic of Pakistan, the President is pleased
to direct that the Control of Narcotic Substances Act, 1997 (XXV of 1997),
shall apply to the Federally Administered Tribal Areas.
Sl.
No.14
ANTI-NARCOTIC
FORCES ACT, 1997
Application
to the Provincially Administered Tribal Areas of the North‑
[Gazette
of N.W.F.P., Extraordinary, 11th June, 1998]
No.2/6-SOSII/HD/98,
dated 21-05-1998. In exercise of the powers conferred by clause (3) of Article
247 of the Constitution of the Islamic Republic of Pakistan, the Governor of the
North-West Frontier Province, with the approval of the President, is pleased to
direct that the Anti-Narcotics Forces Act, 1997 (III of 1997), as in force in
the North-West Frontier Province immediately before the issue of this
notification, shall apply to the Provincially Administered Tribal Areas of the
North-West Frontier Province.
Sl.
No. 15
CONTROL
OF NARCOTIC SUBSTANCES ACT, 1997
Application
to the Provincially Administered Tribal Areas of the North‑
[Gazette
of N.W.F.P., Extraordinary, 3rd December, 1998]
No.
216-SOS/Laws/HD/97-98/Vol-XI, dated 25-11-1998. In exercise of the powers
conferred by clause (3) of Article 247 of the Constitution of the Islamic
Republic of Pakistan, the Governor of the North-West Frontier Province, with
the approval of the President, is pleased to direct that the Control of
Narcotic Substances Act, 1997 (XXV of 1997), as in force in the North-West
Frontier Province immediately before the issue of this notification, shall
apply to the Provincially Administered Tribal Areas of the North-West Frontier
Province.
[1][1]This Act was passed by the
Punjab Assembly on
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