2009 PLP 909 (SCMR)
IFEANYI SAMSON — Petitioner Versus THE STATE — Respondent
| Citation | 2009 PLP 909 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Nawaz Abbasi, Muhammad Qaim Jan Khan and Zia Perwez, JJ |
| Parties | IFEANYI SAMSON — Petitioner Versus THE STATE — Respondent |
| Primary Law | (a) Constitution of Pakistan (1973), (b) Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2009 PLP 909 (SCMR)?
This judgment primarily cites: (a) Constitution of Pakistan (1973), (b) Control of Narcotic Substances Act (XXV of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 909 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Nawaz Abbasi, Muhammad Qaim Jan Khan and Zia Perwez, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 909 (SCMR) (IFEANYI SAMSON — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aslam Uns, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(Against the judgment, dated 26-6-2007 of the Peshawar High Court, Peshawar in Criminal Appeal No.105 of 2005).
Art. 185(3)
Petitioner being foreigner had not been able to arrange filing of petition earlier--Delay as such was not intentional rather that was due to circumstances beyond his control
Delay was condoned in view of peculiar circumstances.
S. 9(b)
Constitution of Pakistan (1973), Art.185(3)
Petition for leave to appeal had no substance on merits
Accused was a foreigner and with a view to advance cause of justice his sentence of four years' R.I. was reduced to two years' R.I. so that he could be deported to his native country as soon as possible
Fine was directed to be paid in terms of the judgment of High Court
Petition was disposed of accordingly. Niaz Ahmed Rathore, D.P.-G. for the State.
Judgment & Decree
MUHAMMAD NAWAZ ABBASI, J.
This petition is barred by 100 days. The explanation given for condonation of delay is that petitioner being a foreigner has not been able to arrange filing of this petition earlier and that delay was not intentional or deliberate rather it happened due to the circumstances beyond his control. Be that as it may, in view of the peculiar circumstances of the case, we condone the delay and decide this petition on merits.
2. The petitioner having faced trial before the Special Court established under C.N.S. Act, 1997, was convicted and sentenced to six years' R.I. with a fine of Rs.10,000 and in default of payment of fine to undergo S.I. for six months. In appeal his sentence was reduced by the High Court to four years' R.I. by dismissing his appeal and maintained the fine awarded to him by the trial Court.
3. The learned counsel for the petitioner after arguing the case at some length without challenging the conviction on merits has submitted for further reduction in sentence to enable the petitioner to go back to his homeland.
4. Mr. Niaz Ahmed Rathore, learned Deputy Prosecutor-General, has submitted that a sufficient leniency has already been shown by the High Court in the matter of sentence. However, when he was pointed out that there will be no use to keep the petitioner, a foreigner, in jail for a longer period in Pakistan, he submitted that Court may in its discretion pass an appropriate order.
5. In the facts and circumstances of the case, we have not been able to find out any substance in this petition on merits. However, the petitioner is a foreigner and with a view to advance cause of justice, we deem it proper to reduce his sentence so that he can be deported to his native country as soon as possible. Consequently, the sentence of the petitioner is reduced to two years' R.I. with direction to pay the fine in terms of the judgment of the High Court.
6. This petition stands disposed of in the above terms. N.H.Q./I-10/SC Sentence reduced.