If someone has been arrested in a narcotics case, telephone the chambers. These matters move quickly at the start, bail is restricted, and what is said in the first hours frequently shapes the trial.

What follows is a general account of how these cases work.

Quantity decides almost everything

Cases under the Control of Narcotic Substances Act 1997 are structured around the quantity recovered. The quantity determines the punishment range, and it determines the practical availability of bail.

Which means the first thing to establish is not guilt or innocence but what is alleged to have been recovered, and how much — as recorded in the FIR and the recovery memo.

Small differences in recorded weight can move a case between categories with very different consequences. Whether the weight includes packaging, whether samples were separated properly, and whether the quantity recorded at recovery matches what reached the laboratory are all live issues rather than technicalities.

Bail is restricted

The Act contains restrictions on the grant of bail, and in cases involving larger quantities bail is difficult and is granted sparingly.

That said, it is not unavailable. Bail is granted in appropriate cases — particularly where the quantity falls in a lower category, where there is a material defect in the prosecution case apparent on the record, on grounds of delay in trial, or on grounds relating to health, age or where the accused is a woman.

Applications are made before the Sessions Court and thereafter the High Court of Sindh. See the first 48 hours after an arrest.

Because bail is harder here than in ordinary cases, the application must be prepared properly rather than filed as a formality.

Where these trials are actually won and lost

Not usually on whether the substance was a narcotic. On the process.

Recovery. Where the recovery was made, in whose presence, and whether the procedure the law requires was followed. Whether independent witnesses were associated, and if not, why.

Sampling and sealing. Whether samples were taken from each package, sealed at the spot, and the seal accounted for. Sampling from only one of several packages is a recurring issue where the total quantity is what pushes the case into a higher category.

Chain of custody. Who held the sealed samples, where they were kept, and when they were dispatched to the laboratory. Delay in dispatch, and gaps in the record of custody, are among the most common grounds of acquittal.

The forensic report. Whether it identifies the substance and its quantity adequately, and whether the protocol used is stated.

Consistency. Between the FIR, the recovery memo, the witness statements and the evidence at trial.

Obtain the full case papers early. These points are established from the prosecution's own documents, not from the defence's account.

Vehicles, premises and third parties

Narcotics allegedly recovered from a vehicle or premises raise questions of possession and knowledge — a person is not automatically responsible for everything found in a car they were driving or a house they live in.

Where a vehicle has been seized and its owner is not the accused, there are routes to seek release, and the owner should act rather than waiting for the trial to conclude. Similarly where a tenanted property is involved.

Forfeiture of assets

The regime extends beyond the criminal charge to freezing and forfeiture of assets said to be derived from narcotics offences, which can affect family members and property not obviously connected to the allegation.

Those proceedings have their own process and their own opportunities to be heard, and they should not be left to run unopposed while attention is on the criminal case. See what to do when your bank account is frozen.

For families: the first steps

Do:

  • Telephone a lawyer before anyone gives an explanation
  • Obtain the FIR and note the sections and the recorded quantity
  • Record where the arrest happened, at what time, and who witnessed it
  • Preserve anything showing where the accused actually was
  • Note the police station, the officers, and the case number

Do not:

  • Let the accused be interviewed without counsel in the belief that cooperation will resolve it
  • Sign anything unread
  • Pay anyone offering to make the case disappear — that is a second offence and a second victim
  • Delay. Applications and the collection of evidence are time-sensitive

Where the accused is a child

The juvenile framework applies, with different procedures and protections. See if a child is arrested in Pakistan.

An honest word

These are serious cases with serious consequences, and outcomes turn on the record rather than on advocacy alone. Anyone promising a particular result at the outset is not being straight with you.

What competent representation does is ensure the case papers are obtained and examined properly, that bail is applied for in the right forum at the right time on the right grounds, and that the procedural and forensic issues are taken at trial rather than raised too late.

How the firm can help

We defend narcotics cases before the special courts, the Sessions Courts, the High Court of Sindh and the Supreme Court: bail applications, trial defence, appeals, applications for release of seized vehicles and property, and asset forfeiture proceedings.

These matters are handled discreetly and treated as urgent. Telephone the chambers — (021) 3263 7006.