KARACHI: The Sindh High Court has observed that both the national and provincial assemblies have power to legislate about criminal law and procedure but in case of any repugnancy, the legislation passed by the national assembly is given over-riding and superimposing effect over laws enacted by a provincial assembly.

The bench said that the Control of Narcotic Substances (Sindh Amendment) Act, 2021 was made applicable in Sindh empowering the provincial police to take cognizance while under the Control of Narcotic Substances (Federal Amendment) Act, 2022 the Anti Narcotic Force, Customs and other federal agencies were authorized to take cognizance of the such offences across the country including Sindh.

A two-judge regular bench of SHC headed by Chief Justice Zafar Ahmed Rajput made these observations while deciding an appeal filed by Syed Fayaz Shah against his six-year jail term handed down by the trial court in July last year on charges of carrying 500 grams of hashish in a North Nazimabad locality in February 2023.

The convict had challenged the verdict of the trial court and argued that he was charged and convicted under the federal anti-narcotic law, but the same was not applicable on him as he was arrested by Karachi police and not any federal agency to attract such provisions.

Commutes sentence of appellant from six years to three years

His lawyers stated that the provincial law on the subject matter was in the field on the day of alleged offence and the appellant should have been charged and tried under the same law.

They contended that under instructions, they were not pressing the appeal on merit and sought reduction in the sentence on the ground that the appellant was not previously convicted.

An additional prosecutor general of Sindh acknowledged the contentions of the counsel for the appellant.

After hearing both sides and examining the record and proceedings of the case, the bench in its judgement noted that under Article 142(b) of the Constitution, the parliament and provincial assembly both have power to make laws with respect to criminal law, criminal procedure and evidence.

“While under provision of Article 143 of the Constitution, laws enacted by parliament have been given over-riding and superimposing effect over laws enacted by a provincial assembly of any of the provinces, and in case of any clash or repugnancy between the two, the laws enacted by the parliament prevails,” it added.

The SHC also observed that the federal and provincial anti-narcotic laws were not quae inter dissident as the Sindh Control of Narcotic Substances Act was applicable in the province thereby allowing Sindh police to take cognizance of any offence under the law while the federal agencies were empowered to take cognizance of offence under the federal law throughout the country. Moreover, the federal law has not repealed the provincial anti-narcotic law.

The bench further said that the instant case had not been registered by any federal agency and thus, the provisions of the federal law did not attract to the case.

The bench modified the conviction of the appellant recorded by the trial court under Section 9 of the federal law and converted it in Section 9 (b) of the provincial law.

“It is well established that punishment for an offence serves not only as a means of retribution but also as a tool for deterrence and a mechanism to strengthen the fabric of society through the rehabilitation of the offender. The law itself classifies offences distinctly,” it added.

The bench also said that since the appellant was neither previously convicted of any offence nor was there any instance of his involvement in narcotics cases, the court was inclined to give him an opportunity for reformation and reduced his sentence from six years to three years.

Published in Dawn, March 5th, 2026