P L D 2006 Karachi 552 (PLP)
SABIR MASEEH — Appellant Versus THE STATE — Respondent
| Citation | P L D 2006 Karachi 552 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | SABIR MASEEH — 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 P L D 2006 Karachi 552 (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 P L D 2006 Karachi 552 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2006 Karachi 552 (PLP) (SABIR MASEEH — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 9(c)
Accused was a physically disabled person as his right leg was cut
Looking to the condition of accused and taking into consideration the fact that he was a beggar and not a person who was involved in corrupting the society by supply of narcotic substances; and in all probability he must be user of. the drug as normally beggars become, and thus would be a victim himself
Such persons needed sympathetic treatment because there were no social services in the country either in the public sector or private sector for rehabilitation of such persons who were living a miserable life
Society at large was responsible for the fate of such persons and they should not be treated as criminals
Actual criminals were those who were benefiting from the supply and spreading of narcotic substances and were leading fabulous life and were treated as respectable persons in the society
Taking a lenient view, sentence of accused was reduced from three years to one year and fine was also reduced to Rs.1,000 by the High Court.
Judgment & Decree
MUHAMMAD MUJEEBULLAH SIDDIQUI, J.
This jail appeal is directed against the judgment dated 23-2-2006 passed by learned Sessions Judge and Special Court for C.N.S. Jacobabad in C.N.S. Case No.11 of 2005 Crime No.18 of 2005, Police Station Railway Jacobabad. The learned State counsel has raised objection to the maintainability of appeal on the ground that it is barred by time. Since it is a jail appeal and the appellant has no legal assistance, therefore, keeping in view the consistent treatment in such cases the delay in filing the appeal is condoned. The appellant has been convicted for the offence punishable under section 9(b) of the Control of Narcotic Substances Act, 1997 and has been sentenced to suffer R.I. for three years. and to pay fine of Rs.10,
000. In default whereof he has to suffer simple imprisonment for six months more. The benefit of section 382-B, Cr.P.C. has been extended to the appellant. We have heard the appellant who has been produced from Central Jail Larkana and Mr. Muhammad Ismail Bhutto, the State Counsel. The appellant has stated that he is a disabled person as his lower right leg has been amputated. His father has died and, therefore, he is surviving on begging. He is resident of District Sheikhupura, Punjab and had come to visit his uncle at Jacobabad who resides near railway station. Police caught hold of him and implicated in this false case. The learned State counsel has supported the impugned judgment and sentence. We have considered the contentions raised by the appellant and the learned State counsel. We have found that the appellant is a physically disabled person and his right leg is cut. Looking to the condition of the appellant and taking into consideration the fact that he is a beggar and not a person who is involved in corrupting the society by the supply of narcotic substances and in all probability he must be user of the drug as normally the beggars have become, and thus would be a victim himself. Such persons need sympathetic treatment because there are no social services in the country either in the public sector or private sector for the rehabilitation of such persons who are passing a miserable life. The society at large is responsible for the fate of such persons. They should not be treated as criminals. The actual criminals are those who are benefiting from the supply and spreading of the narcotic substances and are leading fabulous life and are treated as respectable persons in the society. Taking a lenient view the sentence is reduced from three years to one year and fine is reduced to Rs.1,000 in default whereof he shall suffer simple imprisonment for 15 days. The appeal is partly allowed to the above extent. The appellant is remanded back' in custody to serve out his remaining sentence. H.B.T./S-47/K???????????????????????????????????????????????????????????????????????? Order accordingly.