CONTROL OF NARCOTIC SUBSTANCES(GOVERNMENT ANALYSTS) RULES, 2001

CONTROL OF NARCOTIC SUBSTANCES(GOVERNMENT ANALYSTS) RULES, 2001

[Gazette of Pakistan, Extraordinary, Part II, Pages No. 2813-2816, November 28, 2001]

S.R.O. 810 (I)/2001. In exercise of the powers conferred by section 77 of the Control of Narcotic Substances Act, 1997 (XXV of 1997), read with sections 35 and 36 thereof, the Federal Government is pleased to make the following rules, namely:-‑

1. Short title and commencement. (1) These rules may be called the Control of Narcotic Substances (Government Analysts) Rules, 2001.

(2) They shall come into force at once.

2. Definitions. In these rules, unless there is anything repugnant in the subject or context:-‑

(a) "Act" means the Control of Narcotic Substances Act, 1997 (XXV of 1997);

(b) "form" means a form set forth in the schedule;

(c) "Government Analyst"' means a Federal Government Analyst or a Provincial Government Analyst appointed under section 35 of the Act; and

(d) "section" means, a section of the Act.

3. Qualification of Government Analyst.(1) A Government Analyst shall be a person who has a degree in Pharmacy or Pharmaceutical Chemistry or Medicine from a recognized University or of any otherinstitution recognized by the Federal Government for this purpose and has not less than three years postgraduate experience in the test and analysis of drugs.

4. Despatch of sample for test or analysts.(1) Reasonable quantity of samples from the narcotic drugs, psychotropic substances or the controlled substances seized, shall be drawn on the spot of recovery and despatched to the officer-in-charge of nearest Federal Narcotic Testing Laboratory, depending upon the availability for test facilities, either by insured post or through special messenger duly authorized for the purpose.

(2) Samples may be despatched for analysis under the cover of a Test Memorandum specified in Form-I at the earliest, but not later than seventy-two hours of the seizure. The envelope should be sealed and marked "SecretDrug Sample/Test Memorandum".

  

5. Receipt in the laboratory and examination of sample with reference to Test Memorandum. (1) The sealed envelope, containing the samples, received in the laboratory should be carefully opened and given a distinct laboratory number.

(2) A separate register be maintained for narcotic drugs which may be further subdivided agency-wise and the laboratory numbers should form a continuous series for each year.

(3) All samples shall be passed to the analyst the same day, who will then keep the same in his safe custody and will examine and record its, or their, weight in the Test Memorandum. He will compare the markings on the Test Memorandums with the markings on the packages envelopes and will ensure that the test the relevant sample, and in no case; the analysis of a narcotic drug be delayed as the Courts may refuse to extend remand beyond fifteen days in the absence of a chemical report.

6. Report of result of test or analysis. After test or analysis the result thereof together with full protocols of the test applied, shall be signed in quadruplicate and supplied forthwith to the sender as specified in Form-II.

7. Prohibition of disclosure of information.Except for the purpose of official business or when required by a Court of Law, the Government Analyst shall not disclose to any person any information acquired by him in the course of his official duties.

8. Signature of certificates. All such certificates or reports issued under rule 6 above shall be signed by the Government Analyst or the officer­-in-charge of the laboratory or by any other officer authorized by the Federal Government, by notification in the official Gazette, to sign such certificates.

FORM-I

(See rule 5)

MEMORANDUM FOR THE FEDERAL NARCOTICS TESTING LABORATORY

Serial No……………….        

Form……………………       

To the Officer Incharge, Federal NarcoticsTesting  Laboratory…………….   

I send herewith, under the provisions of section 35 of the CNS Act, 1997, sample(s) of a narcotic drug purporting to be…………for test or analysis and request that a report for the result of the test or analysis may be supplied at the earliest.

The other details are as under:‑

1. Description and drug and the weight of the sample(s).

2. Date and place of seizure

3. Date of drawal and despatch of sample.

4. No. of samples and marking on each of them for identification.

5. Description and number of seals put on sample.

Dated.......................

Name and Signature

offorwarding officer

FORM II

(See rule 6)

CERTIFICATIONS OF TEST OR ANALYSIS BY FEDERAL NARCOTIC TESTING LABORATORY GOVERNMENT ANALYST

1. Certified that the sample bearing on…………….purporting to be sample of received on…………. with memorandum…………. No…………..dated…………..from................has been tested/analyzed and the result of each test/analysis is stated below:

2. The condition of the seal on the packet on receipt was as follows:Satisfactory/Unsatisfactory/None.

3. In the opinion of the undersigned the sample is ……………..as defined in the section 2 of the CNS Act, 1997.

4. DETAILS OF THE RESULTS OF TESTS/ANALYSIS:

Sample No……………………………………          

Gross Wt: …………………………………… Net Wt: ……………………….       

F.I.R. No.…………………………………..  Dated: …………………………       

Accused………………………………………………………………………..        

Physical Examination: …………………………………………………………..        

CONCLUSION:       

NOTE:             In case of mixture the %age of each Alkaloids, Opium derivatives, Opiates, Cannabis, Drugs of abuse and the synthetic compounds are as follows:

The sample identified as                       and contains %

Signature of Government Analyst

Federal Narcotics Testing Laboratory

Signature of any other authorized

officer of Laboratory.