2016 PLP 707 (SCMR)
ABDUL HAMEED — Appellant Versus The STATE — Respondent
| Citation | 2016 PLP 707 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Asif Saeed Khan Khosa, Mushir Alam and Manzoor Ahmad Malik, JJ |
| Parties | ABDUL HAMEED — Appellant Versus The STATE — Respondent |
| Primary Law | Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2016 PLP 707 (SCMR)?
This judgment primarily cites: Control of Narcotic Substances Act (XXV of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 707 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Asif Saeed Khan Khosa, Mushir Alam and Manzoor Ahmad Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 707 (SCMR) (ABDUL HAMEED — Appellant Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant.
- Date of hearing: 21st January, 2016.
Headnotes / Summary
(Against the judgment dated 5-8-2010 passed by the Lahore High Court, Lahore in Criminal Appeal No.172 of 2008)
Ss. 9(b) & 9(c)
Sentence, reduction in
Consolidated sample
Charas recovered from accused was packed in 44 packets weighing one kilogram each
Instead of taking 44 separate samples of the recovered substance only one consolidated sample weighing 200 grams was separated from the recovered substance
Only one kilogram of charas could have been considered against the accused in such circumstances for the purpose of his conviction and sentence
Conviction of accused for an offence under S. 9(c), Control of Narcotic Substances Act, 1997 was converted into conviction for an offence under S. 9(b) of the said Act, and his sentence was reduced to imprisonment for one year and nine months along with a fine of Rs. 13,
000. Ameer Zeb v. The State PLD 2012 SC 380 ref. Asjad Javed Ghural, Additional Prosecutor-General, Punjab for the State.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
According to the prosecution Abdul Hameed appellant was apprehended at a time when he was traveling in a vehicle and was carrying a bag containing 44 kilograms of charas which was packed in 44 separate packets weighing one kilogram each. The record of the case shows that instead of taking 44 separate samples of the recovered substance only one consolidated sample weighing 200 grams had been separated from the recovered substance which sample had subsequently been tested positive by the Chemical Examiner. In view of the law declared by this Court in the case of Ameer Zeb v. The State (PLD 2012 SC 380) only one kilogram of charas could have been considered against the appellant for the purposes of his conviction and sentence. In this view of the matter this appeal is partly allowed, the conviction of the appellant for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 is converted into his conviction for an offence under section 9(b) of the said Act and his sentence is reduced to rigorous imprisonment for one year and nine months and a fine of Rs.13,000/- (Rupees thirteen thousand only) or in default of payment thereof to undergo simple imprisonment for four months and fifteen days. The benefit under section 382-B, Cr.P.C. shall be extended to the appellant. This appeal is disposed of in these terms. MWA/A-4/SC Order accordingly.