2008 PLP 1533 (SCMR)
HASHMATULLAH — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 1533 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hameed Dogar, Mian Shakirullah Jan and Raja Fayyaz Ahmad, JJ |
| Parties | HASHMATULLAH — Petitioner Versus THE STATE — Respondent |
| Primary Law | Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2008 PLP 1533 (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 2008 PLP 1533 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar, Mian Shakirullah Jan and Raja Fayyaz Ahmad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1533 (SCMR) (HASHMATULLAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Kabir, Advocate Supreme Court for Petitioner.
- Muhammad Zaman Bhatti, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the judgment, dated 28-9-2004 of the Lahore High Court, Lahore passed in Criminal Appeal No.1754 of 2002).
S. 9(c)
Constitution of Pakistan (1973), Art.185(3)
Contentions were that the samples of 1 Kg. each of the contraband material separated for chemical analysis from each bag were not sent to the Laboratory for 'examination and that the report of the Chemical examiner was neither on the prescribed pro forma of Excise Muharrer Form nor signed by the Chemical Examiner, rather it had been prepared on a Form of Excise Manual in the Excise Office and was signed by the Excise Inspector
Leave to appeal was granted to accused, inter alia, to consider the above aspect of the matter for safe administration of criminal justice. Muhammad Zaman Bhatti, Advocate Supreme Court for the State.
Judgment & Decree
ABDUL HAMEED DOGAR, J.
Petitioner, Hashmatulalh, seeks leave to appeal against the judgment dated 28-9-2004 of a learned Division Bench of the Lahore High Court, Lahore whereby Criminal Appeal No.1754 of 2002 preferred by him was dismissed and his conviction under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to suffer imprisonment for life and to pay fine of Rs.50,000 or in default payment of fine to further undergo six months' R.Y. awarded by the learned Additional Sessions Judge, Sheikhupura were maintained.
2. Learned counsel for the petitioner mainly contended that though samples of 1 Kg. each were separated for chemical analysis from each bag but the same were not sent to the laboratory for examination. According to him, the report of Chemical Examiner to Government of Punjab are neither on the prescribed pro forma of Excise Muharrier Form nor signed by the Chemical Examiner. On the contrary, it has been prepared on a Form of Excise Manual and in the Excise Office and signed by the Excise Inspector.
3. Accordingly, leave to appeal is granted, inter 'alia, to consider la the above aspect of the matter for safe administration of criminal justice. N.H.Q./H-39/SC Leave to appeal granted.