In the criminal law, accused can only be charged and punished for the offence which was on the Statute at the time of occurrence and not for the offence which has been subsequently introduced with harsh/severe magnitude through amendment as it would hit fundamental law known as “prohibition against ex post facto law” as well as Article 12 of the Constitution of Islamic Republic of Pakistan, 1973.

it is admitted fact that as per case of prosecution, charas weighing 1320-grams was recovered from possession of the appellant on 03.06.2022 {i.e. much prior to the promulgation of “The Control of Narcotic Substances (Amendment) Act, 2022, which was promulgated in the month of September, 2022}; case was registered as per Column No.3 of the Crime Report (Ex.PA) under erstwhile Section: 9(c) of the Control of Narcotic Substances Act, 1997, charge was framed under erstwhile offence i.e. Section: 9(c) of the Act (ibid); therefore, mentioning of conviction of the appellant by the trial court in paragraph No.18 of the impugned judgement under Section: 9(1) 3(c) of CNSA is against Article: 12 of the Constitution of Islamic Republic of Pakistan, 1973

2025 LHC 7029