Control of Narcotics Substances Act, 1997 (CNSA). Drugs laws special case laws on drugs like charas

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In modern times, one of the challenges for law and order machinery of a state is policing drugs. In its harmful effects, it is as fatal as any climate induced calamity and has the potential of fuelling all other forms of crime that take place in the society. It is particularly pervasive in urban settings. Owing to its importance and the harms it caused to the West, one of the earliest international serious crimes that got imagination of international community in the last part of the twentieth century was drug control in all its manifestations from its consumption to its trafficking and from its production to its laundered crime proceeds. The initiative of the international community was reciprocated by Pakistan and its Ministry of Foreign Affairs shows the status of ratifications with respect to narcotics related treaties on its website[1]; the ratification of these treaties is evidence of Pakistan’s commitment to checking the menace of drugs in society and at international level. In line with its international commitments, it legislated on the subject in 1996 through a temporary legislation in form of an Ordinance[2] and then later on by introducing two legislations in the Parliament i.e. the Anti-Narcotics Force Act, 1997 (ANF) and the Control of Narcotics Substances Act, 1997 (CNSA). These two legislations provided the much needed substantive, procedural and administrative law on the subject. However, due to introduction of new types of drugs and owing to judicial review of the law related to CNSA, there was need to review the legal framework related to criminalization of drugs to cater to new forms of synthetic drugs and psychotropic substances. Catering to these new requirements, on 6th September, 2022, the Control of Narcotics Substances (Amendment) Act, 2022 was enacted, which must be noted by the law enforcement and civil society organizations. But before doing that, it may be noted that essentially the law enforcement part of drugs control is a policing function that is carried out by a federal specialized police organization styled as ANF. Accordingly, the ANF legislation conferred powers of police officers on ANF personnel and also created statutory linkages with police related legislation[3]. Nevertheless, due the perception that policing is a provincial subject and not a concurrent subject as envisioned by articles 142 and 143 of the Constitution of Pakistan, the provinces have initiated provincial legislation on the subject[4] (for example, introduction of KP CNSA, 2019) constraining the federal government to lay a constitutional challenge to the enactment (i.e. KP CNSA, 2019) before the Supreme Court of Pakistan[5]. In this backdrop and till the final determination by the apex court about the constitutionality of KP CNSA, the CNSA, 1997 holds the field as the chief enactment on drugs control in the country. Police in the provinces and the ANF (within its own mandate of checking the sale, purchase and trafficking of drugs) enforce the law by prosecuting criminals under the CNSA, 1997. The latest amendments to the CNSA, therefore, must be reviewed conceptually by exploring its salient features:

Internationalization of CNSA
There are very few legislations in Pakistan that directly refer to international treaties in the text of a statute.

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