The International Day against Drug Abuse and Illicit Trafficking was observed on June 26 across the world. The UN General Assembly had through a resolution on Dec 7, 1987 decided to observe June 26 each year as the International Day against Drug Abuse and Illicit Trafficking.

Presently, there are three main international drug control conventions The Single Convention on Narcotics Drugs of 1961, the Convention on Psychotropic Substances of 1971 and the United Nations Convention against Illicit Trafficking in Narcotics Drugs and Psychotropic Substances of 1988. The last convention entered into force on Nov 11, 1990.

Pakistan signed the convention on Dec 20, 1989 and subsequently ratified it on Oct 25, 1991. In accordance with the provisions of the convention Pakistan first promulgated Control of Narcotics Substance Ordinance, 1995 and subsequently the Parliament enacted a comprehensive law, Control of Narcotics Substance Act, 1997.Through this law several improvements were made in the earlier laws and punishments were enhanced for narcotics trafficking. Under Section 9 of the Act, three categories of sentences are given depending on the quantity of the seized narcotics.

If the narcotics or controlled substance is up to 100 grams, imprisonment of up to two years could be given along with fine. If this exceeds 100 grams but does not exceed one kilogramme, seven years of imprisonment could be given. Similarly, in case of the substance exceeding one kilogramme, the court could pass death sentence or slap imprisonment for life or up to 14 years with fine. Section 9-C provides that if the quantity exceeds 10 kilogrammes then the sentence shall not be less than life imprisonment.

Legal experts believe that as the sentences have been increased manifold, the training of personnel of law enforcing agencies in controlling narcotics should also have been improved.

`In certain cases faulty investigation on part of the investigating agency goes in favour of drug traffickers,` said advocate Nasrun Minallah, an expert in narcotics cases. He said that in several cases the officials had not fulfilled the mandatory requirements under the law, which helped the accused persons in getting lesser sentences.Mr Minallah pointed out that under the law after seizure of a narcotics consignment the officials of concerned law enforcing agency had to collect samples from each of the packets or slabs of contraband for sending it to chemical examination so as to prove that the entire seized consignment was that of narcotics. However, he said that in certain cases the officials only collected sample from a single or few packets instead of all the recovered packets. In such cases the benefit goes to an accused person as the courts usually consider only that quantity from which sample is collected.

Mr Minallah said that in 2012 a larger bench of the Supreme Court ruled that it was mandatory that samples for chemical examination should be taken from the entire recovered contraband and not from a single or few packets.

Another important point overlooked by officials in different cases was that they send samples for chemical examinations to laboratories in other provinces instead of the Forensic Science Laboratory (FSL), Khyber Pakhtunkhwa, which was notified for the purpose in this province. In different cases, relief was provided to accused persons as chemical examinations were not conducted through the notified laboratory.In the Control of Narcotics Substance Act (CNSA) provisions were also included for rehabilitation of drug addicts, but so far the authorities are mostly focused on controlling narcotics trafficking whereas the rehabilitation component is virtually ignored.

Despite the passage of around two decades since the law was enacted, the federal and provincial governments have been violating mandatory provisions regarding registration and treatment of drug addicts.

Under the law, each provincial government should register all addicts within their respective jurisdiction for the purpose of their treatment and rehabilitation.

Under Section 52 (2) of the CNSA, the federal government should bear all expenses for first time compulsory detoxification or de-addiction of an addict. Moreover, the addict shall carry a registration card in such form as may be prescribed and produce it to any public authority on demand.

The law envisaged that the provincial government should establish centres as may be deemed necessary for detoxification, education, rehabilitation and social integration of addicts. Interestingly, a large numbers of drug addicts are roaming around in different areas of Peshawar without any treatment and registration.

A comprehensive national study of drug use wasconducted in Pakistan in 2012 as a result of collaborative research made by the ministry of interior and narcotics control and the United Nations Office on Drugs and Crime. The report on `Drug Use in Pakistan 2013` made public different findings. It notes that approximately six per cent of the population, or 6.7 million people had used any controlled substance, including misuse of prescription drugs in year 2012. It states that Cannabis is the most commonly used drug with a prevalence of 3.6 per cent of the population.

The report claims that an estimated 860,000 or 0.8 per cent of the population are regular heroin users and 320,000 (0.3 per cent) are opium users.

The majority of drug users in this study fell between 25 and 39 years of age. Moreover, the number of people who inject drugs is estimated to be 430,000 nationwide.

Presently, the AntiNarcotics Force, customs department, police department and excise department have been authorised under the law to look into the cases of narcotics trafficking. Experts believe that the quality of training to the law enforcement agencies should be improved so that they should not commit mistakes which help the accused persons in such cases.