Our Services:

• Defense against Narcotics Charges: Our law chamber defends clients accused of drug trafficking, smuggling, or possession.
• Bail Proceedings: We specialize in obtaining bail in cases related to narcotics, which often have stringent conditions.
• Asset Seizure Defense: Assistance in cases where law enforcement agencies have seized assets in connection with narcotics charges.
• Appeals and Revisions: We handle appeals in narcotics cases, challenging convictions or sentences imposed by lower courts.
• Assistance in mitigating charges for lesser offenses.

Procedures

• Arrest & FIR: Cases generally start with an arrest followed by an FIR. Law enforcement agencies, including Anti-Narcotics Force (ANF), arrest individuals in possession of or involved in the distribution of illegal drugs.
• Investigation: Police and narcotics control authorities investigate and collect evidence.
• Seizure and Testing: The seized substance is sent for chemical analysis to verify its nature and quantity.
• Search and Seizure Protocols: The police must follow proper procedures under Sections 20 and 21 of CNSA during raids and seizures. Any violation can render the evidence inadmissible.
• Bail: Narcotics cases are serious, and bail is often difficult to obtain, especially for large quantities. Depending on the amount of narcotics involved, bail may be sought.
• Bail under Section 51 of CNSA is generally hard to obtain due to the stringent nature of drug laws. However, bail may be considered in smaller quantity cases or where evidence is weak.
• Trial: Narcotics cases are tried in special narcotics courts. Trials involve expert testimony, forensic reports, and evidence from witnesses.
• Evidence: The prosecution must prove the accused had possession and knowledge of the narcotics. If the drugs exceed certain quantities (e.g., 1kg for heroin), harsher penalties apply.
• Defense Strategy: Defense may argue wrongful arrest, lack of control over the substance, or improper procedures.
• Sentencing: The severity of sentencing depends on the quantity and nature of the narcotic substance. Convictions may lead to long-term imprisonment, fines, and in severe cases, capital punishment.
• Appeals: Convictions can be appealed in higher courts.

Important Data:

• Key Legal Provisions: CNSA Sections 6, 7, 8, 9.
• Penalties and Punishments: Under the Control of Narcotic Substances Act, 1997, the severity of punishment is based on the quantity of drugs found. This can range from imprisonment for a few months to the death penalty for large-scale trafficking.
• Rehabilitation: In certain cases, the court may recommend rehabilitation for addicts rather than imposing jail sentences.
• Lab Testing: The prosecution must present lab results confirming the substance's nature as a narcotic.
• Section 9 of CNSA: Divides the offenses into categories based on the amount of narcotics.

Time Limitation:

Trials in narcotics cases are typically required to conclude within a few months under the CrPC, though delays can occur due to forensic testing or procedural issues.

Important Judgments:

• Shahid Ali v. The State (PLD 2016 SC 1002)
• Khan Muhammad v. The State (2020 SCMR 1150)
• Asghar Ali v. The State (PLD 2015 SC 93)
• Mansoor Khan v. The State (PLD 2020 SC 586)
• Nazir Ahmed v. The State (2021 SCMR 268)
• Abdul Rehman v. The State (2017 YLR 95)
• Javed Khan v. The State (2019 SCMR 1234)
• Zafar Iqbal v. The State (2016 SCMR 154)
• Sajid Hussain v. The State (2018 SCMR 1214)
• Rehmat Ali v. The State (2020 SCMR 2410)

Relevant Laws

• Control of Narcotic Substances Act 1997: Governs all aspects of narcotics offenses in Pakistan, including possession, trafficking, and penalties.
• Anti-Narcotics Force Act 1997: Empowers the Anti-Narcotics Force to conduct investigations and enforce the law.
• Anti-Narcotics Force (ANF) Regulations
• Criminal Procedure Code (CrPC), 1898
• Pakistan Penal Code (PPC), 1860 – Supplementary provisions.