72. Application of the Customs Act, 1969. All prohibitions and restrictions imposed by or under
this Ordinance on the import into, export from, Pakistan and transhipment of narcotic drugs,
psychotropic substances or controlled substances shall be deemed to be prohibitions and restrictions
imposed by or under the Customs Act, 1969 (IV of 1969), and the provisions of this Act shall apply
accordingly:
Provided that, notwithstanding anything contained in the Customs Act, 1969 (IV of 1969), or any
other law for the time being in force, all offences relating to narcotic drugs, psychotropic substances
or controlled substances shall be tried under the provisions of this Act :
Provided further that where the Officers of Customs apprehends a person involved in any offence
relating to narcotic drugs, psychotropic substances or controlled substances shall be empowered to
carry out inquiry and investigation in the same manner as an officer authorised under this Act.
73. Saving of Provincial and special laws.__ (1) Nothing contained in this Act or in the rules
made thereunder shall affect the validity of any Federal or Provincial law for the time being in force,
or of any rule made thereunder which imposes any restriction or provides for a punishment not
imposed by or provided for under this Act or imposes a restriction or provides for a punishment
greater in degree than a corresponding restriction imposed by or a corresponding punishment
provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic in,
any narcotic drug or psychotropic substance within Pakistan or other similar matters.
74. Application of other laws. If an offence punishable under this Act, is also an offence in any
other law for the time being in force, nothing in that law shall prevent the offender from being
punished under this Act :
Provided that nothing contained in Section 523 of the Code of Criminal Procedure, 1898 (Act V
of 1898), or any other provision of the said Code or any other law for time being in force, the custody
of narcotic drugs, psychotropic substances, controlled substances, any material utensils used for
production or manufacture of such drugs or substances or any conveyance used in import, export,
transport or transhipment thereof or for commission of an offence under this Act, shall not be given
on custody to the accused or any of his associate or relative or any private individual till the
conclusion of the case.1[except as provided in the second proviso to subsection (2) of section 33]
75. Indemnity. No suit, prosecution or other proceedings shall lie against the Federal Government
or Provincial Government or any officer of the Federal Government or of a Provincial Government
for anything in good faith, done or intended to be done in pursuance of this Act or the rules made
thereunder.
76. Act to override other laws. The provisions of this Act shall have effect notwithstanding
anything contained in any other law for the time being in force.
1 Added by Ord. 66 of 2000, s. 3.
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