2021 PLP 1771 (SCMR)
NASEEM KHAN — Petitioner Versus The STATE — Respondent
| Citation | 2021 PLP 1771 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mushir Alam, Yahya AFridi and Qazi Muhammad Amin Ahmed, JJ |
| Parties | NASEEM KHAN — Petitioner Versus The STATE — Respondent |
| Primary Law | (b) Administration of justice, (a) Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2021 PLP 1771 (SCMR)?
This judgment primarily cites: (b) Administration of justice, (a) Control of Narcotic Substances Act (XXV of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 1771 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mushir Alam, Yahya AFridi and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 1771 (SCMR) (NASEEM KHAN — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Najeeb Ullah Kakai, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(Against the order dated 31.12.2020 passed by the High Court of Balochistan in Crl. Appeal No.323 of 2020)
Ss. 9(b) & 9(c)
Possession and transportation of 3 kilograms of cannabis
Sentence, reduction in
Single consolidated sample from all packets sent for forensics
Prosecution's claim of possession of 3 kgs of cannabis wrapped in three different packets notwithstanding, the forensic report unambiguously refered to receipt of single sample of 5 grams
Prosecution's reliance upon a single consolidated sample instead of dispatching three separate samples from each bag brought accused's case within the purview of S. 9(b) of the Control of Narcotic Substances Act, 1997, and, thus, a corresponding reduction in his sentence was most conscionable in circumstances
Furthermore accused was in his youth with no past history to his discredit
Accused's sentence was reduced from 3 years rigorous imprisonment to that already undergone by him with reduction in fine to Rs.5000
Petition for leave to appeal was converted into appeal and partly allowed accordingly.
Purpose of administration of criminal justice was to ensure that majesty of law reigned supreme with peace and equilibrium in the society, it was not designed to wreck vengeance; it must provide opportunity to the errant to possibly reform himself so as to rejoin mainstream life as a useful member thereof. Abdul Baqar Shah, Additional Prosecutor General, Balochistan for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Riding on a bike, the petitioner was surprised by a contingent of Crime Investigation Agency Pashin with 3-k.g. of cannabis, wrapped in three separate packets, concealed beneath the driving seat, on 7.9.2002; along with the contraband, he was handed over to the local police; a learned Additional Sessions Judge at Pashin, returned him a guilty verdict; convicted under clause (c) of section 9 of the Control of Narcotic Substances Act, 1997, he was sentenced to 3-years' R.I. with a direction to pay fine, pre-trial period inclusive, upheld by the High Court of Balochistan vide impugned judgment dated 31.12.2020, vires whereof, are being assailed primarily on the ground that notwithstanding, prosecution's case that the raiding party secured sample from each packet, the forensic report relied upon by the prosecution purports a forensic analysis from one sample of 5 grams to confirm the narcotic character of the contraband. It is additionally argued that the petitioner, an errant youth in his first misadventure, deserves in circumstances a benevolent opportunity to reform himself so as to rehabilitate in mainstream life to become a useful member of the society, a possibility obstructed by his continuous stay in prison.
2. Heard. Record perused.
3. Though not specifically pleaded, the petitioner figures somewhat in the adolescent interregnum with no past history to his discredit; prosecution's claim of possession of 3 kgs. of cannabis notwithstanding, the forensic report unambiguously refers to receipt of single sample of 5 grams. Purpose of administration of criminal justice is to ensure that majesty of law reigns supreme with peace and equilibrium in the society, it is not designed to wreak vengeance; it must provide opportunity to the errant to possibly reform himself so as to rejoin mainstream life as a useful member thereof. Prosecution's reliance upon a single consolidated sample instead of dispatching three separate samples from each bag brings petitioner's case within the purview of clause (b) of the section ibid and, thus, a corresponding reduction in his sentence is an option most conscionable in circumstances. Consequently, petitioner's sentence is reduced to already undergone by him with reduction in fine to Rs.5000/- or to undergo two months SI in the event of default. Petition is converted into appeal and partly allowed. MWA/N-9/SC Sentence reduced.