Section 9: Punishment for contravention of sections 6, 7 and 8

1[9.Punishment for contravention of Sections 6, 7 and 8. ___ (1) Whoever contravenes the provisions of section 6,7 and 8 regarding narcotic drugs shall be punished with punishment as given in column (3) of the TABLE below with regard to offence committed as mentioned in column (2) thereof, namely:___ TABLE S. Offence Punishment No Quantity (3) Type of Narcotics (2) imprisonment which may extend to three years but (1) (a) Up to 999 grams. shall not be less than six months along-with fine 1 Bhang which may be up to ten thousand rupees. (b) 1000 grams to 9999 grams. imprisonment which may extend to seven years but shall not be less than three years along-with fine (c) 10000 grams to 19999 grams. which may be up to one hundred thousand rupees but not less than ten thousand rupees. (d) 20000 grams or more. imprisonment which may extend to fourteen years 2 Post or poppy straw (a) Up to 999 grams. but shall not be less than seven years along-with fine which may be up to two hundred thousand (b) 1000 grams to 9999 grams. rupees but not less than one hundred thousand rupees. (c) 10000 grams to 14999 grams. imprisonment which may extend to life imprisonment but shall not be less than fourteen (d) 15000 grams or more. years along-with fine which shall not be less than two hundred thousand rupees. imprisonment which may extend to four years but shall not be less than eight months along-with fine which may be up to twenty thousand rupees. imprisonment which may extend to eight years but shall not be less than four years along-with fine which may be up to two hundred thousand rupees but shall not be less than twenty thousand rupees. imprisonment which may extend to fourteen years but shall not be less than eight years along-with fine which may be up to three hundred thousand rupees but not less than two hundred thousand rupees. imprisonment which may extend to life imprisonment but shall not be less than fourteen years along-with fine which shall not be less than three hundred thousand rupees. 1 Subs. by the control of narcotic substances (Amdt) substances Act 2022 (XX of 2022) s.6. S. Offence Punishment No Quantity (3) Type of Narcotics (2) (1) (a) Up to 499 grams. imprisonment which may extend to five years but 3 Charas shall not be less than ten months along-with fine which may be up to forty thousand rupees. (b) 500 grams to 999 grams. imprisonment which may extend to nine years but (c) 1000 grams to 4999 grams. shall not be less than five years along-with fine (d) 5000 grams to 9999 grams. which may be up to eighty thousand rupees but not less than forty thousand rupees. (e) 10000 grams or more. imprisonment which may extend to fourteen years 4 Hashish oil and (a) Up to 499 grams. but shall not be less than nine years along-with fine which may be up to four hundred thousand rupees liquid Hashish but not less than eighty thousand rupees. (b) 500 grams to 999 grams. imprisonment which may extend to twenty years but shall not be less than fourteen years along-with (c) 1000 grams to 4999 grams. fine which may be up to eight hundred thousand rupees but not less than four hundred thousand (d) 5000 grams or more. rupees. 5 Opium (a) Up to 499 grams. imprisonment which may extend to life imprisonment but shall not be less than twenty years along-with fine which shall not be less than eight hundred thousand rupees. imprisonment which may extend to seven years but shall not be less than fourteen months along-with fine which may be up to forty thousand rupees. imprisonment which may extend to fourteen years but shall not be less than seven years along-with fine which may be up to eighty thousand rupees but not less than forty thousand rupees. imprisonment which may extend to twenty years but shall not be less than fourteen years along-with fine which may be up to four hundred thousand rupees but not less than eighty thousand rupees. imprisonment which may extend to life imprisonment but shall not be less than twenty years along-with fine which shall not be less than four hundred thousand rupees. imprisonment which may extend to six years but shall not be less than one year along-with fine which may be up to fifty thousand rupees. S. Offence Punishment No Quantity (3) Type of Narcotics imprisonment which may extend to nine years but (1) (2) shall not be less than six years along-with fine which may be up to one hundred thousand rupees but not (b) 500 grams to 999 grams. less than fifty thousand rupees. (c) 1000 grams to 2999 grams. imprisonment which may extend to twelve years but shall not be less than nine years along-with fine (d) 3000 grams to 4999 grams. which may be up to three hundred thousand rupees (e) 5000 grams to 7999 grams. but not less than one hundred thousand rupees. (f) 8000 grams or more. imprisonment which may extend to fifteen years but shall not be less than twelve years along-with fine 6 Heroin and morphine (a) Up to 99 grams. which may be up to five hundred thousand rupees but not less than three hundred thousand rupees. (b) 100 grams to 499 grams. imprisonment which may extend to twenty years but (c) 500 grams to 1999 grams. shall not be less than fifteen years along-with fine which may be up to eight hundred thousand rupees (d) 2000 grams to 3999 grams. but not less than five hundred thousand rupees. (e) 4000 grams to 5999 grams. imprisonment which may extend to life imprisonment but shall not be less than twenty years along-with fine which shall not be less than eight hundred thousand rupees. imprisonment which may extend to seven years but shall not be less than eighteen months along-with fine which may be up to twenty five thousand rupees. imprisonment which may extend to ten years but shall not be less than seven years along-with fine which may be up to one hundred and twenty-five thousand rupees but not less than twenty five thousand rupees. imprisonment which may extend to fourteen years but shall not be less than ten years along-with fine which may be up to five hundred thousand rupees but not less than one hundred and twenty-five thousand rupees. imprisonment which may extend to twenty years but shall not be less than fourteen years along-with fine which may be up to one million rupees but not less than five hundred thousand rupees. imprisonment may be for life but shall not be less than twenty years along-with fine which may be up to one and half million rupees but shall not be less than one million rupees. S. Offence Punishment No Quantity (3) Type of Narcotics 1[* * *] imprisonment which shall not be less than life along-with fine which may extend to two million but (1) (2) shall not be less than one and half million rupees. imprisonment which may extend to seven (f) 6000 grams or more. years but shall not be less than eighteen months along-with fine up to fifty thousand rupees. 7 Cocaine (a) Up to 99 grams. imprisonment which may extend to fifteen years but (b) 100 grams to 999 grams. shall not be less than seven years along-with fine which may be up to five hundred thousand rupees (c) 1000 grams to 4999 grams. but not less than fifty thousand rupees. (d) 5000 grams or more. imprisonment which may extend to twenty years but shall not be less than fifteen years along-with fine which may be up to two million and five hundred thousand rupees but not less than five hundred thousand rupees. 1[* * *] imprisonment for life but imprisonment shall not be less than twenty years along-with fine which shall not be less than two million and five hundred thousand rupees. Provided that if an offence is committed relating to narcotic drug inside or near a school, college, university, educational setting or any other educational institution maximum punishment provided for that offence shall be awarded: Provided further that if any person who has previously been convicted for any offence under this Act is subsequently convicted for the offence relating to narcotic drug, he shall be convicted with maximum punishment provided for that offence. (2) Whoever contravenes the provisions of sections 6, 7 and 8 regarding psychotropic substances shall be punished with punishment as given in column (3) of the TABLE below with regard to quantity of psychotropic substances given in column (2) thereof, namely:___ TABLE Sr. Offence with regard to quantity of psychotropic substance Punishment No (3) Imprisonment which may extend to one year but (1) (2) shall not be less than two months along-with fine which may be up to fifty thousand rupees. 1 Up to 20 grams. Sr. Offence with regard to quantity of psychotropic substance Punishment No (3) Imprisonment which may extend to two years but (1) (2) shall not be less than one year along-with fine which may be up to one hundred thousand rupees. 2 More than 20 grams and up to 50 grams. 3 More than 50-grams and up to 100 grams. Imprisonment which may extend to three years but 4 More than 100-grams and up to 500 grams. shall not be less than two years along-with fine 5 More than 500-grams and up to one kilo grams. which may be up to two hundred thousand rupees. 6 More than one kilo grams and up to two kilo grams. 7 More than two kilo grams and up to three kilo grams. Imprisonment which may extend to five years but 8 More than three kilo grams and up to four kilo grams. shall not be less than three years along-with fine 9 Exceeding four kilo grams. which may be up to four hundred thousand rupees. Imprisonment which may extend to seven years but shall not be less than five years along-with fine which may be up to eight hundred thousand rupees. Imprisonment which may extend to ten years but shall not be less than seven years along-with fine which may be up to twelve hundred thousand rupees. Imprisonment which may extend to fourteen years but shall not be less than ten years along-with fine which may be up to sixteen hundred thousand rupees. Imprisonment which may extend to twenty years but shall not be less than fourteen years along-with fine which may be up to eighteen hundred thousand rupees. Imprisonment which shall not be less than life imprisonment along-with fine which shall not be less than two million rupees. Provided that if any offence is committed relating to psychotropic substance inside or near a school, college, university, educational setting or any other educational institution, he shall be punishable with maximum punishment provided for that offence: Provided further that if any person who has previously been convicted for any offence under this Act is subsequently convicted for the offence relating to psychotropic substance and quantity does not exceed two kilograms than he shall be convicted with maximum punishment provided for that offence: Provided also that if the quantity of psychotropic substance in subsequent offence exceeds two kilograms, the punishment shall not be less than life imprisonment. Provided furher that if recovered psychotropic substance is methamphetamine (ICE) given at serial number 47 of the Schedule-I to this Act and quantity exceeds four kilograms, punishment 1[shall be] life imprisonment and fine which may not be less than two and half million. (3) Whoever contravenes the provisions of sections 6, 7 and 8 regarding controlled substances specified in Table-I and Table-II of the Schedule-II shall be punishable with punishment given in column (3) of the following Table-I and Table-II respectively with regard to offence committed as mentioned in column (2) thereof, namely:___ TABLE-I Sr. Offence with regard to quantity of controlled substance Punishment No (3) Imprisonment which may extend to six months but (1) (2) shall not be less than two months along-with fine which may be up to twenty-five thousand rupees. 1 Up to 100 grams. 2 More than 100 grams and up to 500 grams. Imprisonment which may extend to one year but shall not be less than six months along-with fine 3 More than 500 grams and up to one kilo grams. which may be up to fifty thousand rupees. 4 More than one kilo grams and up to two kilo grams. Imprisonment which may extend to three years but shall not be less than one year along-with fine which 5 More than two kilo grams and up to five kilo grams. may be up to one hundred thousand rupees. 6 More than five kilo grams and up to seven kilo grams. Imprisonment which may extend to five years but shall not be less than three years along-with fine 7 More than seven kilo grams and up to ten kilo grams. which may be up to one hundred and fifty thousand rupees. 8 Exceeding ten kilo grams. Imprisonment which may extend to seven years but shall not be less than five years along-with fine which may be up to three hundred thousand rupees. Imprisonment which may extend to ten years but shall not be less than seven years along-with fine which may be up to five hundred thousand rupees. Imprisonment which may extend to fourteen years but shall not be less than ten years along-with fine which may be up to seven hundred thousand rupees. Imprisonment which shall not be less than life imprisonment along-with fine which may be up to one million rupees. TABLE-II Sr. Offence with regard to quantity of controlled substance Punishment No (3) Imprisonment which may extend to six months but (1) (2) shall not be less than two months along-with fine which may be up to ten thousand rupees. 1 Up to one kilo grams. Imprisonment which may extend to one year but 2 More than one kilo grams and up to three kilo grams. shall not be less than six months along-with fine which may be up to fifty thousand rupees. Sr. Offence with regard to quantity of controlled substance Punishment No (3) Imprisonment which may extend to three years but (1) (2) shall not be less than one year along-with fine which may be up to one hundred thousand rupees. 3 More than three kilo grams and up to five kilo grams. Imprisonment which may extend to five years but 4 More than five kilo grams and up to ten kilo grams. shall not be less than three years along-with fine which may be up to two hundred thousand rupees. 5 More than ten kilo grams and up to twenty kilo grams. Imprisonment which may extend to seven years but 6 More than twenty kilo grams and up to thirty kilo grams. shall not be less than five years along-with fine which may be up to three hundred thousand rupees. 7 More than thirty kilo grams and up to fifty kilo grams. Imprisonment which may extend to ten years but 8 Exceeding fifty kilo grams. shall not be less than five years along-with fine which may be up to five hundred thousand rupees. Imprisonment which may extend to fourteen years but shall not be less than ten years along-with fine which may be up to seven hundred thousand rupees. Imprisonment shall not be less than life imprisonment along-with fine which may be up to one million rupees. Provided that if any person who has previously been convicted for any offence under this Act, is subsequently convicted for the offence relating to controlled substances and quantity does not exceed from six kilograms then he shall be convicted with maximum punishment provided for that offence: Provided further that when the quantity of controlled substances in subsequent offence exceeds from six kilograms the accused shall be punished not less than life imprisonment: Provided further also that if any accused is found guilty of trafficking narcotic drug, psychotropic substance or controlled substance into Pakistan or from Pakistan, he shall be convicted with maximum punishment provided for that offence. 9(A) (l) Notwithstanding anything contained in any other law or prison rules for the time being in force, no remissions in any sentence shall be allowed to a person, who is convicted under this Act: Provided that in case of a juvenile or female convicted and sentenced for an offence under this Act, remission, may be granted as deemed appropriate by the Federal Government. (2) Notwithstanding anything contained in any law or rules for the time being in force, neither probation in any sentence shall be allowed nor any accused convicted under this Act shall be released on parole: Provided that if the convicted accused is a juvenile or female, he can be released on probation on parole as per relevant laws and rules. (3) Notwithstanding anything contained in any other law for time being in force, imprisonment for life under this Act means imprisonment in jail for the period of twenty-five years.]

Effective date: 1997-07-11

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