Law: Control of Narcotic Substances Act, 1997

Section: 9(2)

Law: Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)-

Section: 10,11(b)

Law: Constitution of Pakistan, 1973

Section: 143

Summary

The Supreme Court dismissed the petitioner's leave to appeal against his conviction for possessing 1 kg of methamphetamine but modified the sentence due to a conflict between federal and provincial laws. The FIR was registered under the federal Control of Narcotic Substances Act, 1997, yet the trial and high courts applied the stricter provincial Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, violating Article 143 of the Constitution, which prioritizes federal law. The Court set aside the conviction under the provincial law, convicted under the federal law instead, and reduced the sentence to 5 years RI with a Rs. 100,000 fine.

Core Points

• Petitioner Sajid Khan challenged his 10-year RI sentence under KP Act 2019 for 1 kg methamphetamine possession, registered under federal CNS Act 1997.
• Counsel argued for sentence reduction citing Article 143 of the Constitution, which makes federal law supreme over repugnant provincial laws; state conceded the conflict but defended guilt.
• Federal Act section 9(2) prescribes 5-7 years RI and fine up to Rs. 800,000 for 500g-1kg psychotropics; provincial Act section 11(b) mandates minimum 10 years RI and Rs. 500,000 fine—stricter penalties.
• Trial and high courts erred by applying provincial law after FIR and trial under federal framework; uniformity in narcotics penalties requires federal precedence.
• Petition dismissed but conviction shifted to federal section 9, sentence reduced to 5 years RI, Rs. 100,000 fine (default: 2 months SI).
• Judgment copy sent to Law and Justice Commission, AGP, and Law Ministry for information/action.

Relevant Laws and Sections

JUDGMENT