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
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,
- 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;