Islamabad High Court Grants Bail in Pioneering CBD/Hemp Oil Narcotics Case
Islamabad 27-06-2024: In a landmark ruling, the Islamabad High Court has granted post-arrest bail to petitioner and two others involved in a high-profile narcotics case. The petitioners were apprehended under F.I.R. No. 40/2024, dated February 14, 2024, for allegedly engaging in the online sale of CBD/Hemp Oil/THC, raising significant legal questions about the classification and legality of hemp oil under current Pakistani law.
The petitioners, were arrested following a raid at a residence in Media Town, Islamabad. The raid led to the recovery of substantial quantities of CBD/Hemp oil and related packing machinery. The petitioners were charged under Sections 6, 9(1)4(d), 14, and 15 of the Control of Narcotic Substances Act, 1997.
The defense argued that the petitioners were innocent and falsely implicated, emphasizing that hemp oil is derived from Cannabis Seeds, which are excluded from the definition of Cannabis under the Act of 1997. They further contended that the existing laws did not explicitly criminalize the possession of Hemp Oil and that the case merited further inquiry.
Conversely, the prosecution maintained that the petitioners were involved in significant narcotic activities, and the quantity of substances recovered substantiated the charges. They argued that THC, found in the seized products, is a Psychoactive Substance included in Schedule-I of the Act of 1997, warranting severe penalties.
After a thorough examination of the case, the Court, presided over by Mr. Justice Arbab Muhammad Tahir, granted bail to the petitioners, citing the need for further inquiry. The Court highlighted several unresolved issues, including the precise classification of CBD under existing narcotics laws and the need for a detailed laboratory analysis to determine the THC content in the seized oil.
The Court directed the Investigating Officer to collect representative samples of the recovered liquid for a comprehensive laboratory assessment to clarify the percentage of THC present and whether it constituted a controlled substance under the Act of 1997.
This decision underscores the complexities and evolving nature of narcotics laws in Pakistan, particularly concerning products like CBD and Hemp Oil. The case has drawn attention to the necessity for clear legal guidelines and the potential impact of new regulations, such as the Cannabis Control and Regulatory Authority Ordinance, 2024.
The Islamabad High Court's ruling is a significant step in addressing the legal ambiguities surrounding Hemp and CBD products in Pakistan. The outcome of the laboratory analysis and subsequent legal determinations will be crucial in setting precedents for future cases involving similar substances.
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