KARACHI: Although the Sindh government has restored the district judiciary’s power to grant bail in narcotics cases through an amendment to the Sindh Control of Narcotic Substances Act, 2024, a sessions judge has ruled that trial courts can entertain bail applications only for cases registered after the amendment.

Additional District and Sessions Judge Liaqat Ali Khoso, who also serves as the presiding officer of the Special Court (Control of Narcotic Substances), Malir, observed this while dismissing several bail applications in drugs cases registered before the amendment, holding that these cases fell under the original prohibitory clause of Section 35 of the Sindh Control of Narcotic Substances Act, 2024.

However, the court advised the applicants to approach the Sindh High Court’s constitutional bench under Article 199 of the Constitution for enforcement of their fundamental rights, as established by binding precedent.

In its detailed identical orders, the court noted that cases registered before the amendment created an absolute bar on the grant of bail in narcotics cases under Section 35 of the Act, which states: “No bail is to be granted in respect of certain offences — (1) Notwithstanding anything contained in sections 496 and 497 of the Code, bail shall not be granted to an accused person charged with an offence under this Act.”

Dismisses pleas in cases registered before the amendment to the Sindh Control of Narcotic Substances Act

It added that on Aug 18, Section 35 of the Act was amended to provide for the grant of bail, while the enabling clause under Section 1(2) of the Amendment Act states: “It shall come into force at once.”

However, the court observed: “The fundamental principle is that amendments affecting substantive rights operate prospectively unless the legislature expressly provides for retrospective application with clear and unambiguous language. In the amended Act, 2025 for example section 27 was amended with para: “Provided also that the provisions of sub-section (1) shall be deemed to have been taken effect on and from 28.10.2024. It shows the clear intention of the legislature that as to which provisions are to take retrospective effect. The position is not covered under section 35 as amended on 18.08.2025.”

The judge cited reported judgment of the superior court, which held that “assemblies cannot enact retrospective laws that affect fundamental rights guaranteed under the Constitution”.

“The amendment converting the provision which was earlier not covered for bail into one which provides right of bail, affects the substantive right of the accused to seek bail. Such amendments, affecting vested rights, cannot be applied retrospectively without express legislative intent. Such intent is missing in the amendment dated: 18.08.2025,” the court observed.

“The enabling provision ‘It shall come into force at once’ indicates immediate prospective application from 18.08.2025, not retrospective application to cases already registered.”

“The amendment to Section 35 of the Sindh CNS Act, 2024, dated: 18.08.2025, operates prospectively and applies only to cases registered on or after 18.08.2025,” the court ruled, adding that cases registered before the amendment, “remains governed by the original Section 35, which bars the grant of bail. The amendment cannot be given retrospective effect as it affects the substantive rights of accused persons, and no express legislative intent for retrospectively is evident.”

Published in Dawn, September 15th, 2025