2005 P Cr (PLP)
JANGREZ KHAN — Appellant Versus THE STATE — Respondent
| Citation | 2005 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | JANGREZ KHAN — 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 2005 P Cr (PLP)?
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 2005 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 P Cr (PLP) (JANGREZ KHAN — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 9
Charas recovered from accused was in shape of 7 slabs, but only one sample of 10 grams was separated from the whole lot
In view of one sample separated from narcotics recovered and not taking samples from each slab, prosecution could prove that 10 grams sample sent for chemical analysis was Charas which could be relatable to only one slab of one kilogram
Conviction of accused was maintained, but sentence was reduced to already undergone by accused as he had already spent about 3 years in jail and fine amount was also reduced.
Judgment & Decree
TARIQ PARVEZ KHAN, J.
Case property i.e. Gas Cylinder produced today. Case of the prosecution is that 7 kilograms of Charas was recovered concealed in a gas Cylinder possessed by the appellant.
2. Appellant was tried and vide judgment dated 24-2-2004 stands convicted and sentenced to 6 years' R.I. with a fine of Rs.50,000 in default of payment of such fine to six months' S.I. with benefit of section 382-B, Cr.P.C.
3. Conviction has not been challenged but the quantum of sentence.
4. It is admitted by the prosecution witnesses that Charas was in the shape of 7 slabs but only one sample of 10 grams was separated from the whole lot.
5. In view of one sample separated from narcotics recovered and not taking sample from each slab, what is proved by the prosecution is that 10 grams sample sent for chemical analysis was Charas which might be relatable to one slab each of one kilogram.
6. In this view of the facts conviction is maintained but sentence is reduced to already undergone, as appellant has already spent nearing 3 years in jail.
7. Since we have reduced the sentence of imprisonment accordingly the fine amount is reduced to Rs.10,000 and in default to suffer two months' S.I. H.B.T./447/P Order accordingly. ***