Bail under the Amended Section 9 of the Control of Narcotics Act 1997 (2022 & 2023 Amendments)

Initially, the Control of Narcotic Substances Act, 1997 had provisions in Section 9 that dealt with punishments for contraventions of Sections 6, 7, and 8. The punishments were based on the quantity of the narcotic drug, psychotropic substance, or controlled substance.Read about the 2022 and 2023 amendments to this Act on our website and which aspects of the old case law especially on Bail under 9 (b) and 9 (c) will remain relevant post these amendments. https://joshandmakinternational.com/bail-under-section-9-of-the-control-of-narcotic-substances-act-1997-legal-position-in-2023/

You can read about Bail in Pakistan (in General) at our main page below:
https://joshandmakinternational.com/all-your-questions-on-bail-applications-daily-legal-advice-series-11/
And About the law on Absconders & Proclaimed Offenders at the link below:
https://joshandmakinternational.com/law-on-absconders-and-proclaimed-offenders-in-pakistan/
You can read about the Cancellation of Post and Pre-Arrest Bail here 
https://joshandmakinternational.com/some-legal-aspects-regarding-cancellation-of-bail-in-pakistan/
 
An Overview of the Amendments
The 2022 Amendment made significant alterations to the law, adding a detailed table that provides for specific punishments based on the type and quantity of narcotics involved. The punishments now range from imprisonment of a few months to life imprisonment, including specific monetary fines.

The 2023 Amendment further refines the punishments. It makes two distinct changes to Section 9:

In the table under sub-section (1), wherever the words "punishment for death or" appear, they are to be omitted. This effectively removes the death penalty as a punishment for offences related to narcotics.
In the table under sub-section (2), in the fourth proviso, the words “may be death or” are to be replaced with “shall be”. This means that, for offences related to psychotropic substances where the quantity exceeds four kilograms, the punishment will be life imprisonment without the possibility of the death penalty.
These amendments, especially the removal of the death penalty, reflect a significant policy shift in the way Pakistan is approaching narcotics-related offences. It seems the state is moving away from capital punishment for drug offences, aligning more with international human rights standards that argue against the death penalty for drug-related crimes.
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