Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotic Substances Act, 1997

Section: XXV,2(za),7,9(2)

Law: Constitution of Pakistan, 1973

Section: 12(1)

Criminal Procedure Code (V of 1898)-------S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 7 & 9(2)--Transportation of narcotic---Bail, refusal of ---Accused was found in possession of ten kilograms ketamine, a psychotropic substance--- Federal Government, exercising the powers conferred under S. 2(za) of the Control of Narcotic Substances Act, 1997 (CNSA), declared ketamine hydrochloride, a psychotropic substance by inserting it at Serial No. 39-A in the Schedule to the CNSA vide SRO No. 446(I)/2020 dated 6.4.2020---However, it withdrew that SRO ab initio videLetter No. 13-20/2014-Policy-1 dated 21.8.2020---Subsequently, by SRO 1350(I)/2021 dated 15.10.2021, the Federal Government again declared that ketamine and its salts would be a psychotropic substance for the purpose of the CNSA by placing it at Serial No. 39-A in the Schedule thereof---On 16.4.2021, when the petitioner's shipment landed in Pakistan, its import was prohibited under the CNSA---However, it could not be sanctioned due to Letter No. 13-20/2014-Policy-1 dated 21.8.2020---In light of the law and jurisprudence outlined above, SRO 1350(I)/2021 dated 15.10.2021 also could not be applied retrospectively to punish the petitioner---Article 12(1) of the Constitution protected him---Section 7 of the CNSA prohibited the transportation of any narcotic drug, psychotropic substance or controlled substance except when it was in conformity with the rules made under S. 7(2) and was in accordance with the conditions of any permit, licence or authorization required to be obtained under those rules---Any contravention of S. 7 was an offence under S. 9---Prosecution witnesses stated that ANF seized ketamine from the petitioner and he had not produced any permit for such transportation to date---Prima facie, petitioner had committed an offence under S. 7 of the CNSA read with S. 9 thereof---Defence plea of petitioner that the ANF seized the chemical from his factory would be considered at the trial---Bail application was dismissed, in circumstances.Rao Shiv Bahadur Singh and another v. The State of Vindhya Pradesh AIR 1953 SC 394; Sukhdev Singh v. State of Haryana AIR 2013 SC 953; Nabi Ahmed and…