Is Alcohol legal in Pakistan?

Also known as: booze

Legal status

Alcohol is not a narcotic drug, a psychotropic substance or a controlled substance under the Control of Narcotic Substances Act, 1997, and ethanol appears in neither of that Act's schedules. It is governed by a separate instrument, the Prohibition (Enforcement of Hadd) Order, 1979, President's Order No. 4 of 1979, made on 9 February 1979, which section 78 of the 1997 Act does not repeal. Under article 2(h) of the Prohibition (Enforcement of Hadd) Order, 1979: "'intoxicating liquor' includes toddy, spirits of wine, beer and all liquids consisting of or containing alcohol normally used for purposes of intoxication, but does not include a solid intoxicant even if liquefied".

Consequences if caught

Capital exposure: none. Alcohol is the one substance on this page whose penalties are not in the Act at all. Article 3(1) punishes importing, exporting, transporting, manufacturing, processing, bottling, selling or serving any intoxicant with up to five years, whipping not exceeding thirty stripes, and fine. Article 4 punishes owning, possessing or keeping any intoxicant with up to two years, or whipping not exceeding thirty stripes, and fine. Article 8 makes an adult Muslim who takes intoxicating liquor by mouth guilty of drinking liable to hadd, 'punished with whipping numbering eighty stripes'. The first proviso to article 4 exempts 'a non-Muslim foreigner or... a non-Muslim citizen of Pakistan who keeps in his custody at or about the time of ceremony prescribed by his religion a reasonable quantity of intoxicating liquor for the purpose of using it as a part of such ceremony'. Death is not available under the Hadd Order. The word death appears twice in it and neither is a punishment: once in the definition of iztirar and once in a procedural clause applying the confirmation rules for a death sentence by analogy. Life imprisonment is available under the Order, but not for liquor: article 3(2) reserves it for trafficking in opium or coca leaf or their derivatives, and the second proviso to article 4 for heroin or cocaine above ten grams or opium or coca leaf above one kilogram. For intoxicating liquor the ceiling is five years under article 3(1) and two years under article 4, with whipping and fine.

If prescribed or medical

There is no prescription route for intoxicating liquor under the Rules 2001, because those Rules are made under the narcotics Act and liquor is not a drug of abuse within them. Article 5 of the Hadd Order takes articles 3 and 4 out of play for 'any act done under, and in accordance with, the provision of this Order, or the terms of any rule, notification, order or permit issued thereunder'. Medicinal and industrial alcohol move through provincial excise permits rather than through the Rules 2001, which are made under the narcotics Act and do not govern liquor. A traveller should not read the article 4 proviso as a personal allowance: it is about a ceremony prescribed by the traveller's religion, not about private consumption.

Documentation

The delegated power over intoxicants, and it is provincial. Article 2(g) is a delegated power and it sits with the provinces, not the centre: "'intoxicant' means an article specified in the Schedule and include intoxicating liquor and other article or any substance which the Provincial Government may by notification in the official Gazette, declare to be an intoxicant for the purposes of this Order". So the list of intoxicants can differ province by province, and no provincial notification under that power is present in what I could reach. Articles 3(1), 3(2) and the second proviso to article 4 were all inserted by the Prohibition (Enforcement of Hadd) (Amendment) Order, 1983, President's Order No. 12 of 1983.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Pakistan’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.