ISSN 1992-5018

ISLAMABAD
LAW REVIEW
Quarterly Research Journal of Faculty of Shariah& Law,
International Islamic University, Islamabad
Volume 4, Number 1&2, Spring/Summer 2020
Islam. L. Rev. [Vol. 4: 1 & 2, Spring/Summer, 2020] 105

Pakistani laws on the use of narcotics and drug

addiction: Need for Reforms
Salah Uddin
Sami Ur Rahman

Abstract
The use of narcotic substances and drug addiction are growing
at alarming levels in Pakistan. The harsh anti-narcotics laws,
which are against the spirit of the Sharia, have failed to
contain this mushrooming growth and have instead added to
the suffering of drug addicts. Based on the qualitative research
carried out in district Swat, Khyber Pakhtunkhwa (KPK), this
paper provides for the ineffectiveness of these laws and
highlights the challenges in their implementation. The
government’s lack of interest to address this issue has also
been observed through the absence of medical treatment and
rehabilitation facilities for drug addicts. It is suggested that
the existing laws should be reformed in favour of addicts and
harm reduction programmes should be introduced in the wider
interest of the society.
Keywords: Pakistan, use of drugs, addiction, KPK, Islamic law

1. Drug Use and Addiction in Pakistan

The use of controlled drugs and other narcotic substances and

drug addiction are constantly growing problems in Pakistan.1
Despite harsh anti-narcotics laws, the country has witnessed an
enormous growth in the number of drug addicts in the last three
decades, and today Pakistan stands as one of the most drug-
affected countries in the world.2 In the last two decades, injection
of cheap drug concoctions and the use of various chemicals with


Salah Uddin is Doctorate candidate at Portsmouth University, UK.
He could be reached at [email protected]‫۔‬

Sami Ur Rahman is an Assistant Professor at the Shari‟ah
Academy, International Islamic University Islamabad. He could be
reached at [email protected].
1 Tariq Khosa, „Pakistan‟s Drug Menace‟ Dawn, (Karachi, 17

December 2012).
2 Ghazal Pasha, „Rising trend of substance abuse in Pakistan: a study

of sociodemographic profiles of patients admitted to rehabilitation

centres‟ (2019) 167 Public Health 34
<doi.org/10.1016/j.puhe.2018.10.020> accessed 26 June 2019.
106 Pak. Laws on Narcotics: Need for Reforms

liquor, , has become common which on various occasions led to

collective deaths. 3 In one reported incident in March 2016, more
than 50 people died after consuming spurious liquor in Sindh.4
The use of Methamphetamine „orice‟ has become very popular in
the last few years, which results in risky, violent and hostile
behaviour among the users.5 The last decade has witnessed an
increasing trend in the spread of hepatitis B, C and HIV/AIDS
amongst addicts all over the country due to used syringes and
needles.6 Such an egregious situation of the problem demands a
holitistc intervention on part of the government and thus needs to
studied critically.

2. Root cause of the drug use in Pakistan

It is generally believed that opium and marijuana were

traditionally used as narcotics in Afghanistan7 and by extension in
the tribal areas of Pakistan, but drug addiction was never a
problem in Pakistan until early 1980s.8 The mass-scale

3 See Hassan Awan, Literature Review of Drug related laws and policies

in Pakistan: A comprehensive review of the drug laws, policies and other studies
related to drug abuse, the implementation of laws and on ground situation in
Pakistan (Society for Sustainable Development 2009).
<www.ssd.com.pk/reports/Literature%20Review.pdf> 7 accessed
20 October 2015.
4 Muhammad Hussain Khan and Hanif Samoon, „At least 35 die after

consuming spurious liquor in Tando Mohammad Khan‟ Dawn, (Karachi,

22 March 2016).
5 Interview with Arshad Ali, Advocate High Court Peshawar (Swat,

10 July 2016); Hammad Ahmed Hammad and Gahzal Hakani,

„Awareness and use of methamphetamine (ICE) among the people of
Karachi, Pakistan‟ World Journal of Pharmaceutical Research (2018) 7 (17)
34.
6 Editorial, „Pakistan: A victim of the destructive effects of the drug

use‟ Voice of America (Urdu) (English translation done by the author of

the current paper) (Washington DC, 13 December 2014) ; United Nations
Office on Drugs and Crime (UNODC), „World Drug Report 2015‟
< https://www.unodc.org/wdr2015/> 4 accessed 15 March 2016.
7 Ikarmul Haq, “Pak-Afghan Drug Trade in Historical Perspective”

Asian Survey (1996) 36 (10), p. 945.

8 A.Z. Hilali, “Costs & Benefits of Afghan War for Pakistan”,

Contemporary South Asia (2002) 11 (3), 291; Yahya Birt, „Being a real man
in Islam: Drugs, criminality and the problem of masculinity‟ (Cambridge
Mosque Project, 24 December 2014) <http://masud.co.uk/being-a-real-
man-in-islam-drugs-criminality-and-the-problem-of-masculinity/> para
9 accessed 13 November 2015.
Islam. L. Rev. [Vol. 4: 1 & 2, Spring/Summer, 2020] 107

introduction of drugs into the Pakistani society is linked with two

important events. Firstly, when the Afghan refugees arrived in
Pakistan in the late 1970s, some wealthy and influential refugees
were allegedly involved in the local production and international
trade of drugs in collaboration with some elements in the
Pakistani establishment, to raise funds for their armed struggle
against the former USSR troops in Afghanistan.9 Secondly, after
the withdrawal of the USSR troops and the ensuing anarchy,
Afghanistan emerged as a major drug producer on the world scale
in the 1990s; a major chunk of the drugs originating from
Afghanistan, targeting international markets through Pakistan,
ends up in the local markets10 thus making access to drugs easy
for everyone.11

Widespread poverty and fast-increasing unemployment

push many people into psychological stress and anxiety which,
coupled with the paucity of social nets, lead them to seek refuge in
narcotic drugs and substance.12 Due to lack of access to proper
healthcare facilities, poor people use cheap drugs such as opium
for various health issues including joint pains, asthma or arthritis
which after prolonged use lead to addiction. Many people,
especially youth from the financially well-off families, become
addicts due to peer pressure or influence or sometimes by
misadventures in seeking excitement through trying drugs

9 Dessa K. Bergin-Cico, „War and drugs: The role of military conflict in

the development of substance abuse’ (Routledge, Taylor & Francis, 2015) 108.
10 Safiya Aftab, „Post 2014: The regional drug economy and its

implications for Pakistan‟ (CIDOB Policy Research Project 2014).

<www.cidob.org/en/content/download/38315/597263/file/FEBR
UARY_2014_SAFIYA+AFTAB.pdf > 3-4 accessed 9 December 2015.
11 Editorial, „Drugged up in Pakistan‟ Aljazeera English (Doha, (10

October 2014); Syed Nayyar Abbas Kazmi, „Pakistan: Not a source but a
victim country‟ (United Nations Asia and Far East Institute) Resource
Material No. 65, available at:
<https://www.unafei.or.jp/english/publications/Resource_Materia
l_65.html> 130 accessed 16 July 2016.
12 Editorial, „Poverty, joblessness pushing youth to drug addiction:,

The News International (Karachi, February 25, 2011); Farhat Yaqub,

“Pakistan‟s drug problem” The Lancet (2013) 381 (9884) 2151; Interview
with Nasir Shah, Advocate High Court Peshawar (Swat, 12 July 2016).
108 Pak. Laws on Narcotics: Need for Reforms

without realising their harmful effects.13 Something that does not

appear on the radar of the relevant actors and merits investigation
is biopsychosocial factor which is another reason for drug use
disorders and dependence.14

3. Anti-Narcotics Laws

In order to gather Pakistani foot-soldiers to fight alongside

Afghan Mujahideen against the former USSR troops, the then
military ruler General Ziaulhaq was promoting religion at
political, state and community levels.15 He also introduced a
„move towards Islamisation of criminal laws‟ (collectively called
Hudood Order) whereby offences under Pakistan Penal Code (PPC)
and the Criminal Procedure Code (CrPC) – both based on the
Common law system, were merged with the Hudood Order which
was based on the Hanafi School of Islamic jurisprudence.16

The Prohibition of (Enforcement of Hadd) Order of 1979

(President‟s Order No.4, referred to hereafter as PHO) was the
first law introduced in the country that dealt with drug use,
possession, and production etc. Article 4 of PHO, which deals
with owning or possession of intoxicants (Non-Muslims were
exempt for keeping small quantities for religious events), reads: -

Whoever owns, possesses or keeps in his custody any intoxicant

shall be punished with imprisonment of either description for a
term, which may extend to two years, or with whipping not
exceeding thirty stripes, and shall also be liable to fine:

Provided …. further that if the intoxicant in respect of which the

offence is committed is heroin, cocaine, opium or coca leaf, and
the quantity exceeds ten grams in the case of heroin or cocaine or
one kilogram in the case of opium or coca leaf, the offender shall

13Karamat Ali, “Causes of Drug Addiction in Pakistan,” Pakistan

Economic and Social Review (1980) 18 (3/4) 102; Interview with Pardul
Khan, Advocate High Court Peshawar (Swat, 14 July 2016).
14 United Nations Office on Drugs and Crime (UNODC) & The

Ministry of Interior and Narcotics Control, „Drug Use in Pakistan 2013‟

<https://www.unodc.org/documents/pakistan/Survey_Report_Final_
2013.pdf> 6 accessed 12 August 2016.
15 Yahia Baiza, ‘Education in Afghanistan: Developments, influences and

legacies since 1901’ (Routledge, Taylor & Francis, 2013) p. 139.

16 The Council of Islamic Ideology (CII), „Report on Hudood Order‟.
Islam. L. Rev. [Vol. 4: 1 & 2, Spring/Summer, 2020] 109

be punishable with imprisonment for life or with imprisonment

which is not less than two years and with whipping not
exceeding thirty stripes, and shall also be liable to fine.

There were many procedural and technical flaws in PHO.17

The sentence prescribed for trafficking, under Article 3,18 was
lenient compared to the punishment for possession/ use of small
quantities of drugs, and it was difficult for police to make solid
cases against drug dealers.19 In 1997, the government introduced a
secular law called the Control of Narcotics Substances Act (CNSA)
to control the production, processing and trafficking of such
drugs. Section 9 of CNSA (amended in 2017)20 deals with
punishment for possession, among others, of drugs and is divided
into three sub-sections depending on quantities of drugs. Sub-
section (a) which deals with the issue in hand reads:

Whoever contravenes the provisions of sections 6, 7 or 8 shall be

punishable with: -

a) imprisonment which may extend to two years but not than

less than six months and shall also be liable to fine, if the
quantity of the narcotic drug, psychotropic substance or
controlled substance is one hundred grams or less.

Section 6 reads:

No one shall produce, manufacture, extract, prepare, possess,

offer for sale, sell, purchase, distribute, deliver on any terms
whatsoever, transport, dispatch, any narcotic drug, psychotropic
substance or controlled substance, except for medical, scientific
or industrial purposes in the manner and subject to such

17 Aarij S. Wasti, „The Hudood Law of Pakistan: A social and legal

misfit in today‟s society‟ Dalhousie Journal of Legal Studies 12 (2003) 63.
18 Punishment for trafficking etc. of any intoxicants was up to five

years imprisonment, whipping up to thirty stripes and a fine while

punishment trafficking etc. of opium, coca leaf, and opium or coca
derivatives was from two years up to life imprisonment, with whipping
up to thirty stripes and a fine.
19 Khan.
20 The KPK government is working on a draft bill to add to

9(a)CNSA „seven years imprisonment‟ for possessing or carrying less

than 100 grams of crystal meth or ice. See Javed Aziz Khan, „KP govt
considers strictest punishment for ice dealers‟ The News International
(Islamabad, 10 March 2019).
110 Pak. Laws on Narcotics: Need for Reforms

conditions as may be specified by or under this Act or any other

law for the time being in force.

3.1. Differences between PHO and CNSA

The Hudood laws including PHO were enacted by General Zia

under the influence of conservative religio-political leaders and
parties such as Jamat Islami.21 Based on the „deterrence‟ theory of
Islamic penology, these laws prescribed harsh punishments for
criminal offences22 and were subjected to severe criticism by the
civil society, human rights organisations, and NGOs.23 CNSA is
more liberal and exhaustive law about narcotics as compared to
PHO and under Section 76, read with Section 74, its provisions
have overriding effects over PHO.

Under Article 6 of PHO, „whoever, intentionally and

without ikrah or iztirar, takes an intoxicant by any means
whatsoever, whether such taking causes intoxication or not, shall
be guilty of drinking.‟ Thus, the use of intoxicants is a serious
offence under this Article.24 Article 8 provides for whipping
numbering eighty stripes if the punishment is awarded under
Hadd, subject to confirmation by appellate court, while Article 11
provides for imprisonment up to three years or whipping not
exceeding thirty stripes or with both if the punishment is awarded
under Tazir. CNSA, in contrast to PHO, does not criminalise drug
use but criminalises its possession only. Judicial interpretations
suggest that „possession‟ under 9(a) CNSA is not aimed at users; it
has been used in a wider sense to include each step involved in
trafficking such as dispatch, transportation and delivery, thereby
implying it is targeted at traffickers.25

Farhat Haq, „Jamaat-e Islami‟ in The Islamization of Pakistan, 1979-

21

2009 Viewpoints (Sp ed., the Middle East Institute, 2009) 28.
22 Abdullah Saeed, The Qur’an: An Introduction (Routledge, 1st ed.,

2008) 177.
23 Tahir Wasti, The Application of Islamic Criminal Law in Pakistan:

Sharia in Practice (Brill, 2009) p. 4.

24 Rahat Imran, „Legal Injustices: The Zina Hudood Order of Pakistan

and its implications for women‟ Journal of International Women's Studies 7

(2005) (2), 78; Martin Lau, „Twenty-Five Years of Hudood Orders: A
Review‟ Wash. & Lee L. Rev. (2007) 64 1291.
25 Mehrab Khan v The State PLD 2002 Quetta 58; Ghulab Ali Alias

Ghulabo v The State, PCrLJ Lahore 1649.

Islam. L. Rev. [Vol. 4: 1 & 2, Spring/Summer, 2020] 111

Another major difference is that CNSA provides for

treatment and rehabilitation of addicts which PHO does not. The
introduction to CNSA states, amongst others: „whereas it is
expedient to regulate the treatment and rehabilitation of narcotics
addicts and for matters connected therewith and incidental
thereto‟. Sections 52 and 53 of CNSA obligate the government to
identify, register (and issue registration cards), treat and
rehabilitate drug users. The two statutes therefore offer two
different regimes and it is unclear whether an addict, when
arrested by police, finds himself in prison for violating PHO or
can seek treatment under CNSA.26

3.2. The Sharia on ¾ PHO and 9(a) CNSA

The Sharia prohibits the use of drugs to ensure „protection of

human life and intellect‟ as well as to prevent any potential harm
to the society. According to two former Muftis of Azhar
University, Sheikh Alzawahiri and Sheikh Saleem, alcohol befogs
mind while narcotics mars the senses of thought and cognizance
as well as lead to indolence, withdrawal and negligence towards
family.27 However, the Qur’an and Sunnah did not fix any
punishment for drug use. Some Muslim jurists compare drugs
with alcohol and suggest Hadd punishment while others such as
Ibn Taymiyyah and the Hanafi School do not equate it with
alcohol and thus propose Tazeer punishment that allows the judge
and the rulers discretion to waive or award punishment.28

In his famous exegesis „An Introduction to the

Understanding of the Quran‟, Maududi, the founder of Jamat
Islami and a Muslim revolutionary ideologue, while interpreting
chapter five verse 90 of the Qur‟an related to the use of alcohol,
writes: „it is the bounden duty of an Islamic government to enforce

26 United Nations Office on Drugs and Crime (UNODC) Regional

Office for South Asia, „Legal and policy concerns related to IDU harm
reduction in SAARC countries‟ (2007).
27 Khalid bin Abelrahman Al-Humaidi, „Incitement to the Crime of

Drug Usage‟ (MA dissertation at Naif Arab University for Security

Sciences 2008.
28 Muhammad Mushtaq Ahmad, “The Doctrine of Siyasah in the

Hanafi criminal law and its relevance for the Pakistani legal system”
(2015) Islamic Studies 52 (1) 29.
112 Pak. Laws on Narcotics: Need for Reforms

this prohibition‟.29 However, according to Sayyed Qutb, a

renowned Egyptian revolutionary ideologue and a contemporary
of Maududi, the Sharia can only be implemented in its true spirit
when the Muslim society develops its moral character to a level
where it is easily accepted by the social order.30 Before the
emergence of modern nations states the Sharia was a socially
embedded system, a mechanism and a process created for the
social order keeping in view of cultural and moral norms,31 a good
example of which is the gradual prohibition of alcohol. Looking
into the order of revelations, the Quran first described its harms,
then expressed a disliking for it and finally, when the Muslim
society of Medina was ready to accept its prohibition, God
prohibited its use.32 Maududi‟s interpretation, therefore, may still
hold ground according to some scholars, but the Pakistani society
is still far from accepting the prohibition on the use of drugs, thus
rendering these laws nothing but a futile legislative exercise.33

The Sharia is silent on the nature of addiction, but many

modern Muslim scholars acknowledge that addiction is a disease
or psychological disorder that needs the attention of family,
society, religious community and the public health services.34
Under the Islamic medical ethics, it is the right of the people in
need to receive medical care.35 Moreover, Islam is a religion of

Syed Abul A'ala Maududi, An Introduction to the understanding of

29

the Qur'an (tr. Zafar Ishaq Ansari 1972)

<www.tafheem.net/tafheem.html> accessed 14 September 2015.
30 Luke Loboda, „The Thought of Sayyid Qutb‟ (Ashbrook

Statesmanship Thesis 2004) <www.ashbrook.org/wp-

content/uploads/2012/06/2004-Loboda-The-Thought-of-Sayyid-Qutb-
PDF.pdf> 17-18 accessed 8 September 2015.
31 Wael B. Hallaq, An Introduction to Islamic Law (Cambridge

University Press 2009) 165

32 Khashan Ammar, “The Quran‟s Prohibition of Khamr
(Intoxicants): A Historical and Legal Analysis for the Sake of
Contemporary Islamic Economics” Kyoto Bulletin of Islamic Area Studies
(2016) 9 p. 97.
33 The law could perhaps be more effective if the people, police,

prosecution and the judiciary truly followed Islam. See Wasti.

34 Judith K. Muhammad, „Islam against Drug Abuse‟ (Islam for
Christians) <http://www.islamforchristians.com/islam-drug-abuse/>
para13 accessed 7 November 2015.
35 World Health Organisation (WHO) Regional Office for the Eastern

Mediterranean, „Islamic code of medical and health ethics‟ (EM/RC 52/7

Islam. L. Rev. [Vol. 4: 1 & 2, Spring/Summer, 2020] 113

kindness and compassion. The Prophet Muhammad is reported to

have said, „be merciful to the inhabitants of the earth and He who
is in Heaven will be merciful to you‟ and that „the one who is not
compassionate, God will not be compassionate to him‟.36 In
another Hadith the Prophet is reported to have said,

God will say on the Day of Resurrection: O son of Adam, I fell

ill, and you visited Me not. He will say: O Lord, and how should
I visit You when You are the Lord of the worlds? He will say:
Did you not know that My servant so-and-so had fallen ill, and
you visited him not? Did you not know that had you visited him
you would have found Me with him?37

The Prophet also stressed on the rights of neighbours and

said, „he is not a believer who eats his fill whilst his neighbour
beside him goes hungry‟.38 Therefore, it is a collective sin on the
part of society and the state to deprive addicts – the most
vulnerable people in the community, from receiving support and
medical treatment39 and to leave them, on the one hand, at the
mercy of the notorious police and drug mafia and, on the other
hand, let them be demonised by the community.40 It is the
responsibility of the state and the society to embrace addicts and
help them overcome this problem.41

2005) <https://apps.who.int/iris/handle/10665/122351> 3-5 accessed 2

October 2015.
36 Mohamed Imran Mohamed Taib, „The central role of compassion

in Muslim ethics‟ (6 March 2016) Islamcity

<www.islamicity.org/9990/the-central-role-of-compassion-in-muslim-
ethics/> accessed 8 May 2016)
37 Mulim b. al-Ḥujjāj al-Qushayrī, Ṣaḥīḥ Muslim Kitāb al-Birr wa‟l-

Ṣilah wa‟l-‟Ādāb. Ḥadīth No. 18.

38 Abu Bakr Ahmed Al-Baihaqi, Sunan al-Kubra, Hadith no. 19049.
39 Siama Rashid, Alex Copello and Max Birchwood, “Muslim faith

healers' views on substance misuse and psychosis” Mental Health,

Religion & Culture, (2012) 15 (6) p. 653.
40 Shaul M. Gabbay, „The treatment of drug offences in Sharia-Based

Countries: The case of Pakistan‟ International Journal of Humanities and

Social Science (2014) 4 (10), 57; Salah Uddin, „Globalized Consumption of
Intoxicant Drugs and Narcotics: An Analytical Study in Islamic
Perspective Subsequent to Iranian Experimentation‟ Istidrak (2019) 1 (2)
27.
41 Interview with Sabir Jan, Advocate High Court Peshawar (Swat, 9

July 2016).
114 Pak. Laws on Narcotics: Need for Reforms

4. Effectiveness of ¾ PHO and 9(a) CNSA

The participants were equally divided on the effectiveness of the

existing legal regime. According to Arshad,42 Nasir,43 and Sabir,44
despite harsh anti-narcotics laws the business of drug trafficking
is flourishing day by day; in parallel, the use of drugs is also
increasing in the society. Pardul was of the view that many rich
people are using drugs for fun without any action by the Police
while the poor addicts pay a heavy price in the form of frequent
arrests by the police, prolonged imprisonment, delays in trials,
lack of access to medical care and social stigmatisation.45
Hussain46 and Nawab47 mentioned that laws could be more
effective if implemented in their true spirit while now they appear
„exclusionary‟ because they are applied discriminately against the
poor. Ajmal48 and Bacha49 were satisfied with the effectiveness of
the laws saying that in the absence of these laws the use of drugs
would be rampant all over the country.

It is difficult to measure the effects of criminal sanctions on

a disapproved behaviour but a decrease in the subsequent
criminal activity is still a good test about the effectiveness of the
law.50 Although there is no authentic statistics available, there is
an average 50,000 annual increase in the number of drug addicts
in the country.51 According to a report jointly published by the
UNODC and the Ministry of Interior and Narcotics Control,
around 6.7 million people used drugs in 2012 of whom 4.25

Ali.
42

Shah.
43
44 Jan.
45 Khan.
46 Interview with Hussain Ahmad, Advocate High Court Peshawar

(Swat, 14 July 2016).

47 Bahadur.
48 Interview with Ajmal Akhunzada, Advocate High Court Peshawar

(Swat, 18 July 2016).

49 Interview with Bacha Rahman, Advocate High Court Peshawar

(Swat, 20 July 2016).

50 Allott Anthony, „The Effectiveness of Laws‟ Valparaiso University

Law Review (1981) 15 p. 229.

51 „Pakistan burns tons of narcotics to observe World Drug Day‟

Bayanihan (Philippines, 28 June 2012),

<http://bayanihan.org/2012/06/28/pakistan-burns-tons-of-
narcotics-to-observe-world-drug-day/> accessed 2 September 2015.
Islam. L. Rev. [Vol. 4: 1 & 2, Spring/Summer, 2020] 115

million were addicts.52 While briefing the Senate Standing

Committee on Interior and Narcotics Control, the then Director
General of the Anti-Narcotics Force mentioned that there were
around seven million drug addicts in Pakistan in 2015. Out of this
seven million, three million were those who used medicines
without prescription. He also stated that 700 people die every day
from drug addiction.53 These numbers confirm that the existing
anti-narcotics laws are ineffective and have badly failed to put the
genie back in the bottle.

5. Challenges in implementation of the laws

Six participants were against the existing laws due to immense

challenges in their implementation. According to Nasir, Arshad
and Sabir, PHO was introduced without taking into consideration
the local realities as traditionally marijuana and cannabis have
been widely used in this region for centuries. In contrast, CNSA
was introduced 18 years later when the successive civilian
governments realised that production and trafficking of drugs
became a big challenge which was brining bad name to the
country in the world community; however, it is difficult to
implement CNSA as a strong drug mafia, with close connections
to some powerful elements in the establishment, are running the
drug trafficking business.54 According to Pardul, Hussain and
Nawab, Police enjoy unfettered powers under ¾ PHO which they
mostly misuse either to extract money from the poor addicts or to
show their performance.55

Though Ajmal and Bacha confirmed that these laws were

misused by the police,56 Ajmal sees them as the only solution
otherwise drugs will make their way to each house in the country.
According to Bacha, drugs are a religious and moral evil and a
menace to the society; drug users and addicts can go to any
extremes including forcing their wives into prostitution to get
some money for buying drugs. The extremely limited reported

52 UNODC, 13.
53 „Around 7 million drug addicts in Pakistan, Senate told‟ Dawn
(Karachi, 6 July 2015).
54 Shah; Ali; Jan.
55 Khan; Ahmad; Bahadur.
56 Akhunzada; Rahman.
116 Pak. Laws on Narcotics: Need for Reforms

decisions of the higher judiciary confirm the challenges related to

the implementation of these laws especially their misuse by the
law enforcement agencies. In Mst. Zubaida Sadruddin v The State,
while reversing conviction order of the lower court, the Peshawar
High Court held:

„not only in this case but in a number of other cases this Court
has observed that investigating agencies, be it Police, Anti-
Narcotics Force, Customs Department or the Airport Security
Force etc. have generally failed to properly investigate the cases,
either because of their incompetence or because of lack of
training or for any other reason.57

In an appeal against a judgement of Lahore High Court

whereby bail was refused to the petitioner in a case registered
under ¾ PHO and 9(b) CNSA for possession of 250 grams of
charas, the Supreme Court held: „It is not proper to keep a person
of such an offence for an indefinite period in jail without
submission of challan and permit the police to frustrate the
provisions of law on the subject‟.58 The august court also held in
the same judgement:

„It is general tendency that without proper check and restraints

on the powers of the police officials and locating the fault in
public functionaries the burden of negligence and inefficiency of
police is put either on the shoulders of innocent people at the
cost of public time and exchequer or it is shifted to the Courts to
be held responsible for the delay in disposal of cases. The delay
of more than one year in submission of challan in such petty
cases without any legal justification, would amount to delay in
the disposal of cases by the Courts and curtailment of liberty of
persons involved in such cases through abuse of the process of
law.‟

Despite the overriding effect of CNSA, the police still use

¾ PHO as this way the addicts find it difficult to get the
concession of bail when arrested.59 By simply adding „trafficking‟

57 Mst. Zubaida Sadruddin v The State PLD 2006 Peshawar 128.

58 Subhan Khan v The State SCMR 2002 1797.
59 Nauroz Khan v The State PCrLJ 2000 Peshawar 1222.
Islam. L. Rev. [Vol. 4: 1 & 2, Spring/Summer, 2020] 117

to „possession‟60 in the FIR, they change the nature of the case as

the punishment for trafficking is „life imprisonment‟ in which case
it is difficult to get an accused out on bail while maximum
punishment under 9(a) CNSA is two years which is a bailable
offence.61 The main reason given by the police and prosecution for
using ¾ PHO instead of or together with 9(a) CNSA is that the
latter gives a carte blanche to the accused for repeating similar
crimes.62 Although some of those in possession of small quantities
of drugs, or addicts, may be involved in trafficking, these small-
time unskilled workers are easily replaceable by an already
available big pool of poor people who will happily jump on any
such opportunity.63 Since the lower courts do not easily grant bails
in offences when the prescribed punishment is more than ten
years, a few addicts knock at the doors of higher courts, using the
services of pro bono young lawyers, where they are either granted
bail or acquitted.64 The cost of prohibition thus outweighs the
intended benefits of legislation due to the misuse of these laws by
the police.

6. Treatment and Rehabilitation of Addicts

The participants unanimously agreed that addiction is a relapsing

disorder and expressed the need for the treatment and
rehabilitation of the addicts. Nasir, Arshad, Sabir and Hussain
referred to the sections of the CNSA that require for the provision
of such facilities to the addicts, but that the state has failed in
ensuring its availability.65 Pardul and Nawab said that we as a
society, will be responsible to God for not taking measures for the
treatment of the addicts.66 Even Ajmal and Bacha who are very
much supportive of the existing, emphasised on the need for
treatment as addicts are helpless in coping with their suffering.67

60 Possession of small quantity for personal consumption which is

not an offence under CNSA.
61 Said Muhammad v The State Peshawar High Court CrM. No.

642/2004 PHC 2059.

62 Daud Khan v The State Cr.M. No. 290/2004 PHC 2033.
63 See Klein Axel, „Drugs and the World‟ (2008) (Reaktion Books) 56.
64 Niaz Ali v The State Cr.M.No. 1282/2003 PHC 1983.
65 Shah; Ali; Jan; Ahmad.
66 Khan; Bahadur.
67 Akhunzada; Rahman.
118 Pak. Laws on Narcotics: Need for Reforms

There are different theories of addiction but in general it is

considered as a chronically relapsing disorder68 or a condition
characterised by a compulsion to use an addictive substance on
which one has become physically and psychologically dependent
due to repeated consumption.69 It seems the drafters of the CNSA
were aware that addiction is a disease or a disorder thus they
introduced some provisions for the treatment and rehabilitation.
However, these provisions were never translated into concrete
measures by the government. There are a few treatment and
rehabilitation centres in some parts of the country which work
mostly in isolation from the mainstream health system.70 In 2012,
there were around 73 treatment centres, mostly run by NGOs.
According to official figures,71 treatment facilities were available
in these centres only for 30,000 addicts per annum. Dost
Foundation, a Peshawar-based NGO, started working on
emergency basis with the KPK government in 2014 and launched
four rehabilitation centres in Peshawar city to offer treatment to
4000 addicts over a period of 30 months; nevertheless, no public
report is available about the outcome of this project.72 Moreover,
the overall problem is much beyond the scope of such limited
facilities.73

In a highly ambitious five-year (2010-2014) master plan,

the Ministry of Narcotics Control and the Anti-Narcotics Force
(ANF) aimed at upgrading the existing and setting up new
treatment and rehabilitation centres.74 So far, six centres are

68 SF Ali and others, „Understanding the global problem of drug

addiction is a challenge for IDARS Scientists‟ Current Neuropharmacology

(2011) 9 (1) p. 2.
69 Alan I Leshner, „Addiction is a brain disease, and it matters‟

Science (1997) 278 (5335) p. 45.

70 Khosa.
71 Farhat Yaqub, „Pakistan‟s drug problem‟ The Lancet (2013) 381

(9884) p. 2151.
72 Dost Welfare Foundation, Peshawar
<https://www.dostfoundation.org/> accessed 21 June 2019.
73 Kazi.
74 The Ministry of Narcotics/ Anti-Narcotics Force, Government of

Pakistan, „Drug Abuse Control Master Plan 2010-2014‟, (2010) visit:

<https://www.aidsdatahub.org/sites/default/files/documents/Dr
ug_Abuse_Control_Master_Plan_2010_14.pdf> 30-35 accessed 3 October
2019.
Islam. L. Rev. [Vol. 4: 1 & 2, Spring/Summer, 2020] 119

established but only two are operational, one in Islamabad and

one in Karachi. The ANF‟s website shows that these two centres,
established in 2016, have offered services to less than 3000
addicts.75 In brief, all efforts in this regard are ad-hoc and the
treatment facilities are short-termed due to lack of proper
allocation of funds and the government‟s lack of interest in
addressing this issue.76

It is pertinent to mention here that many countries have

switched from punitive laws and simple treatment and
rehabilitation programmes to Harm Reduction programmes with
very positive results.77 Harm Reduction is based on the notion that
complete abstinence from drugs is not possible for everyone,
therefore, efforts should made to mitigate the adverse effects of
addiction.78 Following a multi-tier approach, it is medication-
assisted treatment (MAT) - with the use of methadone,
buprenorphine, and naltrexone, coupled with counselling and
behavioural therapies to help addicts overcome addiction.79 Due
to the low costs involved in its implementation,80 it is more
suitable for poor countries like Pakistan. Moreover, it is
compatible with the Sharia as the protection of human life and
dignity are the key goals of the Sharia81 and that the Islamic
medical ethics allow for the removal of a harm, i.e. addiction,

75 <http://anf.gov.pk/ddr_matrc.php> accessed 23 June 2019.

76 See Browne David, „How Pakistan succumbed to a hard-drug
epidemic?‟ The Telegraph (London, 23 March 2014).
77 Cook Catherine and others, „The Case for a Harm Reduction

Decade: Progress, potential and paradigm shifts‟ (2016) Harm Reduction

International
<www.hri.global/files/2016/03/10/Report_The_Case_for_a_Harm_Re
duction_Decade.pdf> 4 accessed 24 June 2019.
78 Harm Reduction International, „What is Harm Reduction?‟

<https://www.hri.global/what-is-harm-reduction> accessed 3 August

2015.
79 Neil Hunt and others, „A review of the evidence-base for harm

reduction approaches to drug use‟ (2003) Forward Thinking on Drugs <

www.forward-thinking-on-drugs.org/review2-print.html> 9 accessed 17
December 2015.
80 Gerald A. Juhnke and W. Bryce Hagedorn, Counselling addicted

families: An integrated assessment and treatment model (Routledge, Taylor &

Francis 2006) 16.
81 Uddin.
120 Pak. Laws on Narcotics: Need for Reforms

through a lesser harm, i.e. use of drugs for treating addicts.82 Iran
and Malysia, both Muslim countries, have successfully
implemented such programmes with encouraging outcomes.83

7. Is decriminalisation and option?

Five participants were of the view that small quantities of drugs

should be decriminalised while three were against the idea of
decriminalisation. Nasir suggests that small quantities should be
allowed for truck drivers, security guards or those already
addicted while Sabir suggests that allowing up to five grams each
of charas and heroin is okay.84 They said that before the merger of
the former princely Swat State with Pakistan in 1969, alcohol and
drugs were allowed under „special permits‟ at certain locations in
the state which helped the police to know about the drug users
and dealers. Hussain looks at the issue from the perspective of the
rights and duties of the state and he sees no reason why the state
should assert itself while it has failed in fulfilling its duties. He is
of the view that soft drugs having minor effects may be
decriminalised in limited quantities. He also gave the example of
Swat state but added that these permits were issued only to
Hindus and Sikhs and that those using drugs and alcohol were
not appreciated by the communities.85 According to Pardul, drugs
including marijuana and hasheesh have been used in the Indo-Pak
sub-continent for centuries during the rules of both Muslims and
non-Muslims. He added that even some Muslim saints used
hasheesh for devotional prayers and today the shrines of various
saints are the most commonly used places for marijuana and
cannabis consumption; therefore, these laws are against the local
customs and tradition.86 Arshad said that ¾ PHO and 9(a) CNSA
were irrelevant for the rich and affluent drug users but it is a

Aasim I. Padela, „Islamic medical ethics: A primer‟ (2007) Bioethics

82

21 (3) 169 <https://doi.org/10.1111/j.1467-8519.2007.00540.x> accessed

14 December 2015.
83 Suresh Narayanana, Balasingam Vicknasingamb and Noorzurani

Robson, „The transition to harm reduction: Understanding the role of

non-governmental organisations in Malaysia‟ (2011) 22 International
Journal of Drug Policy 311 <www.elsevier.com/locate/drugpo> accessed
17 January 2016.
84 Shah (n 12); Jan.
85 Ahmad.
86 Khan.
Islam. L. Rev. [Vol. 4: 1 & 2, Spring/Summer, 2020] 121

sword hanging over the heads of the poor and addicts; therefore,
the poor could be protected through revoking these laws.87

Among the three participants who were in favour of the existing

laws, Sabir did not rule out decriminalisation but he added that
keeping in view the country‟s vulnerability to drugs,
decriminalisation would add to the spread of drugs.88 Ajmal and
Bacha said that the existing legal regime should be reformed
through having more checks on the powers of police.89 Ajmal
added that the widespread availability of drugs will only
exacerbate the problem and lead to more people becoming
addicts.

Lack of adequate enforcement mechanisms or frequent

misuse defeat the objective of the law, no matter how good it is.90
The use of charas, hasheesh or other opiates for pleasure is in
general socially accepted.91 Rich people use them merrily without
any action by police. Substance use is also very common in
colleges and universities, and charas can easily be smelled in the
corridors of students‟ dorms.92 Many politicians, civil servants,
judges, military and police officers use charas and other opiates in
their private and relax gatherings.93 Not only this but in some

87 Ali.
88 Jan.
89 Akhunzada (n 58); Rahman (n 59).
90 Anthony Allott, „The Effectiveness of Laws‟ (1981) 15 Valparaiso

University Law Review 229

<http://scholar.valpo.edu/vulr/vol15/iss2/1> accessed 19 January
2016.
91 See Shahid Abbasi , „Drugs and sex at parties in Karachi, Lahore‟,

The News Tribe (3 August 2011).

<www.thenewstribe.com/2011/08/03/drugs-and-sex-at-parties-in-
karachi-lahore/> accessed 5 April 2015.
92 Kayani Ahsan Ul Haq, Mark J. King & Judy Fleiter, „A qualitative

investigation of drug use among Pakistani road users‟ () (20th

International Council on Alcohol, Drugs and Traffic Safety Conference,
Brisbane, 25-28 August 2013) <https://eprints.qut.edu.au/65300/> 2
accessed 28 February 2016; Arfan Riasat, „Causes and Complications of
Injectable Drugs Use in District Faisalabad‟ (2010)
<http://ssrn.com/abstract=1672776> accessed 4 March 2016.
93 „Getting high comes at a higher price‟ Pakistan Today (10 September

2012)
122 Pak. Laws on Narcotics: Need for Reforms

parts of the country including Islamabad, narcotics drugs are

openly sold in some public places with no action from the law
enforcement agencies.94 So, the use of drugs is de facto legalised
but criminalised under ¾ PHO and 9(a) CNSA. An independent
member of the National Assembly raised this matter on the floor
of the House and accused parliamentarians of using charas in the
parliament lodges. However, he was forced by the major political
parties to keep quiet and to apologise.95 A few years back, a
human rights lawyer filed a petition in the Supreme Court for
legalisation of charas and hasheesh, but it was turned down.96

8. Conclusion

The existing anti-narcotics legal regime has failed to contain the

growing problem of drug use and addiction for various reasons
including, but not limited to, the unwillingness of the Pakistani
society to respect these laws, misuse of the existing laws by police
against the poor and addicts, and the government‟s lack of interest
in treatment and rehabilitation of addicts. Pakistan follows the
Hanafi School of Islamic jurisprudence according to which it is the
discretion of the judges and the legislature to propose any
measures for drug use and addiction including decriminalisation.
Due to the overriding effect of the CNSA, there is no ground for ¾

<https://www.pakistantoday.com.pk/2012/09/10/getting-high-
comes-at-a-higher-price/> accessed 5 March 2016; „High and dry:
Pakistan´s penchant for hash‟, The News International (Islamabad, 18
December 2017) <https://www.thenews.com.pk/latest/257633-high-
and-dry-pakistans-penchant-for-hash> accessed 19 June 2019.
94 Seshatha, „Cannabis in Pakistan‟ Sensi Seeds, (03 March 2014)

<https://sensiseeds.com/en/blog/cannabis-in-pakistan/> accessed 15
April 2015; Saleha Javaid, „Islamabad‟s Drug Culture‟ Saleha’s Blog:
Reporting the Facts,
<https://salehajavaid.wordpress.com/2011/03/19/islamabads-drug-
culture/> accessed 25 February 2016.
95 „Jamshed Dasti: Women, Drugs, Liquor being brought to

Parliament Lodges‟ Sach News (27 February 2014)

<https://www.suchtv.pk/pakistan/general/item/9198-jamshid-dasti-
liqour-drugs-women-being-brought-to-parliament-lodges.html>
accessed 25 June 2019
96 „SC returns petition seeking legalization of bhang‟ Dawn (Karachi,

26 June 2016).
<http://www.dawn.com/news/1267345/sc-returns-petition-
seeking-legalisation-of-bhang> accessed 25 August 2016.
Islam. L. Rev. [Vol. 4: 1 & 2, Spring/Summer, 2020] 123

PHO to exist and it should be revoked while 9(a) CNSA should

also be reformed in line with the Sharia’s teachings and modern
understanding of addiction. It is also suggested to introduce
Harm Reduction Programmes on an urgent basis as they are easy
to implement due to low costs involved. Moreover, they will give
addicts a feeling of belongingness to the society and will protect
them from the inhumane clutches of police.