3. Calculation of percentages in liquid pre­parations.__The Federal Government may make rules prescribing the methods by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (g), (h), (t) and (u) of section 2:

Provided that, unless and until such rules are made, such percentages shall be calculated on the basis that a preparation containing one per cent of a substance means a preparation in which one gram of the substance, if a solid, or one milliliter of the substance, if a liquid, is contained in every one hundred milliliters of the preparation, and so in proportion for any greater or less percentage.

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— Transportation of narcotics — Aiding, abetting or association in narcotic offences — Bail, refusal of — Scope — Accused sought bail after arrest — A police blockade had intercepted a car based on intelligence indicating a potential narcotics smuggling operation from Peshawar to Punjab via the motorway — The accused had been found in the front seat, with the co-accused driving, and a substantial amount of charas, heroin, and methamphetamine had been concealed in the vehicle — Forensic testing had confirmed the presence of narcotics — Despite the accused person’s claims of lack of awareness and police malice, no evidence supporting these assertions had been presented — The High Court had considered the joint involvement of the accused and the driver, both having belonged to the Pak Army and having been stationed together — Given the serious nature of the drug-related offence, the court had found prima facie evidence linking the accused to the crime under Section 497 CrPC — Petition for grant of bail was dismissed. [2023 SCLR 59 = 2023 SCMR 2056 = 2023 SCP 251]

6. Prohibition of possession of narcotic drugs etc. No one shall produce, manufacture, extract, prepare, possess, offer for sale, sell, purchase, distribute, deliver on any terms whatsoever, transport, despatch, 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.

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— Transportation of narcotics — Aiding, abetting or association in narcotic offences — Bail, refusal of — Scope — Accused sought bail after arrest — A police blockade had intercepted a car based on intelligence indicating a potential narcotics smuggling operation from Peshawar to Punjab via the motorway — The accused had been found in the front seat, with the co-accused driving, and a substantial amount of charas, heroin, and methamphetamine had been concealed in the vehicle — Forensic testing had confirmed the presence of narcotics — Despite the accused person’s claims of lack of awareness and police malice, no evidence supporting these assertions had been presented — The High Court had considered the joint involvement of the accused and the driver, both having belonged to the Pak Army and having been stationed together — Given the serious nature of the drug-related offence, the court had found prima facie evidence linking the accused to the crime under Section 497 CrPC — Petition for grant of bail was dismissed. [2023 SCLR 59 = 2023 SCMR 2056 = 2023 SCP 251]

9. 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 upto 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.

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— S. 9 — Possession of narcotics — Safe custody — Scope — Chain of custody begins with the recovery of the seized drug by the police and includes the separation of the representative sample (s) of the seized drug and their dispatch to the Narcotics Testing Laboratory — This chain of custody, is pivotal and the prosecution must establish that the chain of custody was unbroken, unsuspicious, indubitable, safe and secure — Any break in the chain of custody or lapse in the control of possession of the sample, will cast doubts on the safe custody and safe transmission of the sample(s) and will impair and vitiate the conclusiveness and reliability of the report of the Government Analyst, thus, rendering it incapable of sustaining conviction. [2024 CCJ 37 = 2024 PCrLJ 385 = 2023 LHC 2967]

— S. 9 — Possession of narcotics — Standard of proof — Scope — Since the provisions of the Control of Narcotic Substances Act, 1997 provides stringent punishments, therefore, its proof has to be construed strictly and the benefit of any doubt in the prosecution case must be extended to the accused. [2024 CCJ 37 = 2024 PCrLJ 385 = 2023 LHC 2967]

— S. 9 — Possession of narcotics — Safe custody — Scope — If safe custody of narcotics and its transmission through safe hands is not established on the record, same cannot be used against the accused — Chain of custody or safe custody and safe transmission of narcotics begin with seizure of the narcotic by the law enforcement officer, followed by separation of the representative samples of the seized narcotic, storage of the representative samples with the law enforcement agency and then dispatch thereof to the office of the Chemical Examiner for examination and testing — This chain of custody must be safe and secure — Such is because, the Report of Chemical Examiner enjoys very critical and pivotal importance under CNS Act and the chain of custody ensures that correct representative samples reach the office of the Chemical Examiner — Any break or gap in the chain of custody i.e., in the safe custody or safe transmission of the narcotic or its representative samples makes the report of the Chemical Examiner fail to justify conviction of the accused — The prosecution, therefore, is to establish that the chain of custody has remained unbroken, safe, secure and indisputable in order to be able to place reliance on the report of the Chemical Examiner. [2024 CCJ 36 = 2024 PCrLJ 370]

— S. 9 — Possession of narcotics — Allegation of animosity against police — Scope — When the specific allegation of animosity is levelled against the complainant, the prosecution should be more careful in respect of establishing the case and some private and independent witness ought to be examined and non-examination of private and independent witness throws thick clouds of doubt on the entire prosecution case. [2024 CCJ 36 = 2024 PCrLJ 370] 

— S. 9(c) — Possession of narcotics — Appreciation of evidence — Scope — Accused was alleged to have been arrested while in possession of narcotics — The complainant had reiterated the prosecution’s story regarding the recovery of narcotics from the accused — Witness had confirmed the statements made by the complainant — Evidence showed that the sample parcel and remaining case property containing narcotics were kept in safe custody and transmitted to the Forensic Laboratory — Sealed parcels were handed over with a considerable delay, without explanation from the prosecution — The accused was apprehended red-handed, and the report from the Forensic Laboratory was positive — Despite minor discrepancies in witness statements, the prosecution’s case was strengthened by the positive report from the Forensic Laboratory — The appellant’s conviction under section 9(c) of the Control of Narcotic Substances Act 1997 was upheld — However, considering the nature of the substance, quantity, appellant’s status as a first offender, time served, expression of remorse, and assurance not to deal with narcotics in the future, the sentence was reduced to time already served. [2024 CCJ 29 = 2024 PCrLJ 300]

— Transportation of narcotics — Aiding, abetting or association in narcotic offences — Bail, refusal of — Scope — Accused sought bail after arrest — A police blockade had intercepted a car based on intelligence indicating a potential narcotics smuggling operation from Peshawar to Punjab via the motorway — The accused had been found in the front seat, with the co-accused driving, and a substantial amount of charas, heroin, and methamphetamine had been concealed in the vehicle — Forensic testing had confirmed the presence of narcotics — Despite the accused person’s claims of lack of awareness and police malice, no evidence supporting these assertions had been presented — The High Court had considered the joint involvement of the accused and the driver, both having belonged to the Pak Army and having been stationed together — Given the serious nature of the drug-related offence, the court had found prima facie evidence linking the accused to the crime under Section 497 CrPC — Petition for grant of bail was dismissed. [2023 SCLR 59 = 2023 SCMR 2056 = 2023 SCP 251]

14. Prohibition on aiding, abetment or association in narcotic offences. No one shall, with or outside Pakistan, participate in associate or conspire to commit, attempt to commit, aid, abet, facilitate, incite induce or counsel the commission of an offence punishable under this Act.

Explanation. __ For the purpose of this section, a person shall be deemed to have associated with, conspired aided, abetted, facilitated, incited, enduced or counselled an offence within the meaning of this section if he does anything in a place beyond Pakistan which__

(a) would constitute an offence if committed within Pakistan; or

(b) under the laws of such other place, is an offence relating to narcotic drugs, psychotropic substances or controlled substances having all the legal or analogous conditions required to constitute it as an offence punishable under this Act.

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— Transportation of narcotics — Aiding, abetting or association in narcotic offences — Bail, refusal of — Scope — Accused sought bail after arrest — A police blockade had intercepted a car based on intelligence indicating a potential narcotics smuggling operation from Peshawar to Punjab via the motorway — The accused had been found in the front seat, with the co-accused driving, and a substantial amount of charas, heroin, and methamphetamine had been concealed in the vehicle — Forensic testing had confirmed the presence of narcotics — Despite the accused person’s claims of lack of awareness and police malice, no evidence supporting these assertions had been presented — The High Court had considered the joint involvement of the accused and the driver, both having belonged to the Pak Army and having been stationed together — Given the serious nature of the drug-related offence, the court had found prima facie evidence linking the accused to the crime under Section 497 CrPC — Petition for grant of bail was dismissed. [2023 SCLR 59 = 2023 SCMR 2056 = 2023 SCP 251]

15. Punishment for contravention of section 14. Whoever participates in, associates, conspires to commit, attempts to commit, aids, abets, facilitates incites, induces or counsels the commission of an offence in contravention of section 14 shall, whether such offence be or be not committed in consequence of such participation, association, conspiracy, aid, abetment, facilitation, incitement, inducement or counselling, and notwithstanding anything contained in section 116 of the Pakistan Penal Code (Act XLV of 1860), be punishable with the punishment provided for the offence such lesser punishment as may be awarded by the court.

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— Transportation of narcotics — Aiding, abetting or association in narcotic offences — Bail, refusal of — Scope — Accused sought bail after arrest — A police blockade had intercepted a car based on intelligence indicating a potential narcotics smuggling operation from Peshawar to Punjab via the motorway — The accused had been found in the front seat, with the co-accused driving, and a substantial amount of charas, heroin, and methamphetamine had been concealed in the vehicle — Forensic testing had confirmed the presence of narcotics — Despite the accused person’s claims of lack of awareness and police malice, no evidence supporting these assertions had been presented — The High Court had considered the joint involvement of the accused and the driver, both having belonged to the Pak Army and having been stationed together — Given the serious nature of the drug-related offence, the court had found prima facie evidence linking the accused to the crime under Section 497 CrPC — Petition for grant of bail was dismissed. [2023 SCLR 59 = 2023 SCMR 2056 = 2023 SCP 251]

— S. 25 — Criminal Procedure Code (V of 1898), S. 103 — Mode of making searches and arrest — Scope — Judicial approach has to be a conscious in dealing with the cases in which entire testimony hinges upon the evidence of police officials alone — Although provisions of section 103, CrPC are not attracted to the cases of personal search of accused in narcotic cases but where the alleged recovery was made on a road, omission to secure independent mashirs, particularly, in police case cannot be brushed aside lightly by the court — Prime object of section 103, CrPC is to ensure transparency and fairness on the part of police during course of recovery, curb false implication and minimize the scope of foisting of fake recovery upon accused. [2024 CCJ 36 = 2024 PCrLJ 370]

— S. 32 — Articles connected with narcotics — Scope — A vehicle can be seized under the Control of Narcotic Substances Act, 1997 only in three situations, i.e. firstly, where it is carrying unlawful narcotics along with some lawful narcotics, secondly, where it is a part of the assets derived from narcotic offences and, thirdly, where narcotics have been recovered from its secret chambers, cavities or compartments, etc. Apart from the above mentioned three implied situations there is no other express or implied situation or provision in the context of the Control of Narcotic Substances Act which may make it permissible for seizure of a vehicle or conveyance in a case of narcotic. [2024 CCJ 37 = 2024 PCrLJ 385 = 2023 LHC 2967]

— S. 32 — Articles connected with narcotics — Scope — Section 32 deals with the final confiscation or release of the vehicle to the owner, after the conclusion of the trial, if he proves that he has no knowledge about the offence, which allegedly had been committed in the vehicle — Not only that an innocent owner of the vehicle is entitled to the return of the vehicle but the burden has been placed on the prosecution to establish that the owner had the knowledge of his vehicle being used in the crime — As far as the question of knowledge is concerned, undisputedly it is required to be proved by leading evidence and the learned trial Court can form such opinion after having taken into consideration the facts of the case. [2024 CCJ 37 = 2024 PCrLJ 385 = 2023 LHC 2967]