+44 345 828 7777
info@thecaselawyer.com
ABOUT US
TCL TEAM
OUR PROFILE
OUR CLIENTS
JOIN US
BLOG

Follow us:

Drug and Narcotics Crimes | Criminal Defense LawyerDrugs & Narcotics Lawyer in Pakistan

Narcotics Crimes in Pakistan

The majority of people charged with a narcotics offense in Pakistan are hardened criminals. Many times, respected professionals end up in the wrong place at the wrong time or simply make a poor decision that gets them in serious legal trouble. No matter what the circumstances of your case, the professionals at The Case Lawyer can help. 

Anti-Narcotics Act

In the CNSA, ostensibly three different categories of crime are established so as to stem the chain of activities that together constitute the drug trade. While cultivation is a stand-alone crime with its own penalties in section 5, the list of acts in sections 6,7 and 8 are together subject to the punishments accorded in section 9, as discussed in greater detail further along. Section 6 provides:

“No one shall produce, manufacture, extract, prepare, possess, offer for sale, sell, purchase, distribute, deliver on any terms whatsoever, transport, dispatch, any narcotic drug, psychotropic substance or controlled substance, except for medical, scientific or industrial purposes in the manner and subject to such conditions as may be specified by or under this Act or any other law for the time being in force.”

While section 7 of the act prohibits the import or export of narcotic drugs, it reads,–

(1)  No one shall,–

(a)  import into Pakistan;

(b)  export from Pakistan;

(c)  transport within Pakistan; or

(d)  transship.

Section 8 of the Act intends to criminalize the control structure of the drug trade:

No one shall–

(a)  organize, manage, traffic in, or finance the import, transport, manufacturing or trafficking of, narcotic drugs, psychotropic substances or controlled substances; or

(b)  use violence or arms for committing or attempting to commit an offense punishable under this Act.

While Sections 6, 7, 8 have identified a range of potential offenses under the law, it is only ‘manufacturing’ as a distinct offense as per section 6 that is given further definition in Section 2.

includes, process by which such drugs or substances may be obtained, refining of such drugs or substances, transformation of such drugs or substances; and making or preparing such drugs or substances.

Section 9 of the act deals with sentencing under sections 6, 7 and 8. To be noted is the fact that the section refers to only one criteria for sentencing, the quantity of drug or prohibited substance in reference to which the offence has been committed. Section 9 reads,

  1. Punishment for contravention of sections 6, 7 and 8. Whoever contravenes the provisions of sections 6, 7 or 8 shall be punishable with–

(a)  imprisonment which may extend to two years, or with fine, or with both, if the quantity of the narcotic drug, psychotropic substance or controlled substance is one hundred grams or less;

(b)  imprisonment which may extend to seven years and shall also be liable to fine, if the quantity of the narcotic drug, psychotropic substance or controlled substance exceeds one hundred grams but does not exceed on kilogram;

(c)  death or imprisonment for life or imprisonment for a term which may extend to fourteen years and shall also be liable to fine which may be up to one million rupees, if the controlled substance exceeds the limits specified in clause (b):

                Provided that if the quantity exceeds ten kilograms the punishment shall not be less than imprisonment for life.

As a special law, the CNSA has been accorded the capacity to over-ride, through express language, provisions of the Code of Criminal Procedure (CrPC). Section 25 reads:

  1. Mode of making searches and arrest. The provisions of the Code of Criminal Procedure, 1898, except those of section 103, shall, mutatis mutandis, apply to all searches and arrests in so far as they are not inconsistent with the provisions of sections 20, 21, 22 and 23 to all warrants issued and arrests and searches made under these sections.

Another provision of this law which is an express derogation from other principles of law, namely that everyone is innocent until proven guilty of a crime is contained in S. 29:

  1. Presumption from possession of illicit articles. In trials under this Act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under this Act in respect of,–

(a)  any narcotic drug, psychotropic substance or controlled substance;

(b)  any cannabis, coca or opium poppy plant growing on any land which he has cultivated;

(c)  any apparatus specially designed or any group of utensils specially adapted for the production …

(d)  any materials which have undergone any process towards the production or manufacture of narcotic drug, … for the possession of which he fails to account satisfactorily.

Contact Us Today

MAIN OFFICE
1st Floor, Plaza 786, Sector O-9, PWD Double Road, Commercial Area, Islamabad - 44000 Pakistan
E-MAIL
info@thecaselawyer.com
WORKING HOURS
Mon to Sat: 09:00 AM – 10:00 PM

CONTACT THE CASE LAWYERCall us today, e-mail us or leave a message

Get a free callback

    The virtue of justice consists in moderation, as regulated by wisdom.

    ARISTOTLE
    THE CASE LAWYER
    Kemp House, 152-160, City Road, London, United Kingdom, EC1V 2NX
    1st Floor, Plaza 786, Block- C, PWD Double Road, Islamabad - 44000
    Business Avenue, Shahrah-e-Faisal, Karachi - 75350
    info@thecaselawyer.com
    FREE CONSULTATION 24/7

    The Case Lawyer Law Firm SRA ref 669401. Calls may be recorded for quality and training purposes.

    Follow Us:
    Our Offices
    Pakistan | United Kingdom | USA | Canada | Australia | France | Germany | UAE | Europe | Middle East

    © Copyright 2023 The Case Lawyer

    Open chat
    1
    Need help?
    Hi, How can I help you?