Dangerous Drugs (Amendment) Act 1987

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ACT V OF 1987

DANGEROUS DRUGS (AMENDMENT) ACT, 1987

An Act further to amend the Dangerous Drugs Act, 1930

[Gazette of Pakistan, Extraordinary, Part I, 15th June, 1987]

Whereas it is expedient further to amend the Dangerous Drugs Act, 1930 (II of 1930) , for the purposes hereinafter appearing;

It is hereby enacted as follows:--

1. Short title and commencement.-- (1) This Act may be called the Dangerous Drugs (Amendment) Act, 1987.

(2) It shall come into force at once.

2. Amendment of section 2, Act II of 1930.-- In the Dangerous Drugs Act, 1930 (II of 1930), hereinafter referred to as the said Act, in section 2,--

(a) clause (a) shall be relettered as clause (aa) of that section and before clause (as), relettered as aforesaid, the following new clause shall be inserted, namely:--

"(a) "assets" means all proceeds and includes--

(i) all forms of property, whether corporeal or incorporeal, movable or immovable, tangible or intangible, real estate or personal property of every description;

(ii) property used or intended to be used to commit, or to abet the commission of an offence punishable under Chapter III;

(iii) all kinds of shares or interest in a public stock or fund or in any corporate body, company or society; and

(iv) all documents of title to land, goods or property, wherever situated, money or valuable security issued by any Government;";

(b) after clause (b), the following new clause shall be inserted, namely:--

"(bb) "freezing" means prohibiting by an order under section 35-A the transfer, conversion, disposal or movement of any proceeds and includes holding, controlling or managing any proceeds in pursuance of such order and, in the case of proceeds which are perishable or consist of immovable property, disposal thereof;";

(c) after clause (h), the following new clause shall be inserted, namely: --

(hh) "proceeds" means any property generated from drug trafficking by the accused, whether before or after his arrest under this Act;"; and

(d) after clause (1), the following new clause shall be inserted namely:--

"(II) "tracing" means finding out the true nature, source, disposition, movement or ownership of assets and includes determining the movement or conversion of assets by any means, and "trace" shall be construed accordingly; and,"

**3. Amendment of section 23, Act 11 of 1930.--**In the said Act, in section 23, after subsection (2) , the following new subsection shall be added, namely:--

"(3) any officer referred to in subsection (1) may, after obtaining approval in writing from his senior officer authorised by the Head of the department concerned, trace the assets of a person who has committed an offence punishable under Chapter III and may, for that purpose, require a bank or other financial institution to furnish such information as he may specify;".

**4. Insertion of new Chapter IV-A in Act II of 1930.--**In the said Act, after Chapter IV, the following new Chapter shall be inserted, namely:--

"CHAPTER IV-A

POWER OF THE COURT

++35-A. Power of the Court to freeze assets.++ - -A Court trying an offence punishable under Chapter III may, if there appear reasonable grounds for believing that the accused has committed such an offence, order the freezing of his assets.

++35-B . Presumption as to the assets being liable to forfeiture.--++ If in a trial of an offence punishable under Chapter III it is proved that the assets of the accused or any Part thereof were or was acquired during or after the commission of the offence and that there was no other likely source of acquiring the assets or such part, it shall be presumed, unless the contrary is proved, that the assets or such part are or is liable to forfeiture.

++35-C . Court to order forfeiture of assets.--++When any person found guilty of an offence punishable under Chapter III is sentenced to imprisonment for life, the Court shall also order that his assets shall stand forfeited to the Federal Government and impose on him a sentence of fine which shall not be less than twice the value of the assets."

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