Investigation Stage
- Complaint/Report: The process typically begins with a complaint or report from the public, law enforcement, or intelligence agencies regarding drug-related activities (possession, trafficking, or manufacturing).
- FIR Registration: Upon receiving information, the police register a First Information Report (FIR) under the Control of Narcotic Substances Act, 1997.
- Arrest of the Accused: Based on the evidence or information gathered, the suspect(s) may be arrested by the police, Anti-Narcotics Force (ANF), or other law enforcement agencies.
- Seizure of Narcotics: During the arrest, narcotic substances are seized. The seized substances are then sent for chemical analysis to confirm the nature of the drugs.
- Statement of the Accused: After arrest, the accused is produced before the Magistrate to record a statement under Section 161 of the CrPC. If required, the accused may also give a confessional statement under Section 164 of the CrPC before a Magistrate.
- Remand: The investigating officer may seek the remand of the accused for police custody, typically for 14 days, to continue the investigation.
2. Chemical Examination
- The seized drugs are sent to a Forensic Science Laboratory for chemical analysis. The results from the laboratory confirm whether the seized material is a narcotic substance and its quantity. The report plays a crucial role in building the case.
3. Challan/Charge-Sheet Submission
- Once the investigation is complete and the chemical report is received, the police or Anti-Narcotics Force submits a challan (charge sheet) to the trial court. This document contains the charges against the accused, along with witness statements and other evidence.
- The challan must be submitted within 14 days of the arrest (extendable with permission from the court).
4. Bail Application
- The accused may file a bail application under Section 497 of the CrPC. Bail is usually difficult to obtain in narcotics cases, especially if the quantity of drugs is significant, as the law restricts bail in such cases. However, bail may be granted in special circumstances (medical reasons, insufficient evidence, etc.).
5. Framing of Charges
- At the start of the trial, the court frames formal charges against the accused based on the evidence in the challan. The accused is required to plead guilty or not guilty.
- If the accused pleads not guilty, the trial proceeds.
6. Trial
- Prosecution Evidence: The prosecution presents its evidence, which may include:
- Witnesses: Testimony from witnesses, including law enforcement officers, informants, or civilians who observed the crime.
- Chemical Analysis Report: The forensic report confirming the nature and quantity of the narcotics.
- Expert Witnesses: Testimony from forensic experts or officers involved in the seizure and testing of the narcotics.
- Cross-Examination: The defense has the opportunity to cross-examine the prosecution’s witnesses.
- Defense Evidence: After the prosecution completes its case, the defense may present its own evidence, including witnesses, documents, or other relevant materials. The accused may also choose to testify.
- Arguments: Once all the evidence is presented, both the prosecution and defense present their final arguments, summarizing their respective positions.
7. Judgment
- After hearing the arguments and considering the evidence, the court delivers a judgment. The court may:
- Acquit the accused if the prosecution fails to prove the charges beyond a reasonable doubt.
- Convict the accused if the evidence establishes guilt.
8. Sentencing
- If the accused is convicted, the court will pronounce the sentence based on the severity of the offense, the quantity of narcotics, and any mitigating or aggravating factors. Sentencing may include:
- Imprisonment: The length of the sentence depends on the type and quantity of drugs. For larger quantities (e.g., commercial-scale trafficking), sentences can range from 10 years to life imprisonment.
- Fine: Fines may be imposed in addition to imprisonment, depending on the circumstances of the case.
9. Appeal
- After conviction, the accused has the right to file an appeal against the judgment in the High Court. The appeal must generally be filed within 30 days of the judgment.
- If the High Court upholds the conviction, a further appeal may be made to the Supreme Court of Pakistan.
10. Execution of Sentence
- If no appeal is filed or the appeal is dismissed, the sentence is executed, and the accused serves the prison term.
Additional Aspects of Narcotics Cases in Peshawar:
- Special Courts: Narcotics cases may be handled by Special Courts for Control of Narcotic Substances, particularly when the quantity of narcotics involved is significant.
- Anti-Narcotics Force (ANF): The ANF plays a major role in investigating and prosecuting high-level narcotics cases, especially in trafficking or international smuggling cases.
- Strict Bail Provisions: Under Section 51 of the CNSA 1997, bail is generally restricted for offenses involving larger quantities of narcotics (such as heroin or cocaine exceeding 100 grams).
- Witness Protection: In certain high-profile narcotics cases, witnesses may be provided with protection to ensure their safety and cooperation in the case.
This structured process aims to curb the spread of narcotics in society while ensuring that due process is followed during the investigation, trial, and sentencing phases.