2005 PLP 1769(2) (YLR)
ASMAT ULLAH alias BILLA PATHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 1769(2) (YLR) |
| Forum / Court | Lahore |
| Bench Members | Raja Muhammad Sabir and Mian Muhammad Akram Baitu, JJ |
| Parties | ASMAT ULLAH alias BILLA PATHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1769(2) (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1769(2) (YLR)?
The case was heard and decided by the Lahore bench comprising: Raja Muhammad Sabir and Mian Muhammad Akram Baitu, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1769(2) (YLR) (ASMAT ULLAH alias BILLA PATHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Farooq Amjad Meer for Petitioner.
Headnotes / Summary
S. 426
Control of Narcotic Substances Act (XXV of 1997), Ss. 6 & 9(c)-- Suspension of conviction and sentence-- Petitioner had already undergone sentence of imprisonment for a period of five years as was obvious from the report of Superintendent of Central Jail concerned-- Contentions raised by petitioner needed further probe and determination-- Conviction and sentence awarded to petitioner, were suspended accordingly. Sohail Tariq for the State.
Judgment & Decree
Farooq Amjad Meer for Petitioner. Sohail Tariq for the State. Through this petition, the petitioner has sought for the suspension of his conviction and sentence dated 23-10-2002 passed by the learned Additional Sessions Judge, Lahore, whereby the petitioner was convicted under sections 6/9(c) of C.N.S.A. and sentenced to 8 years' R.I. with a fine of Rs.50,000 in default to suffer S. I. for one year.
2. It is contended by the learned counsel for the petitioner that the impugned conviction and sentence passed by the learned trial Court is against law and facts; that the prosecution has miserably failed to bring home, the charge against the petitioner beyond any shadow of doubt; that the petitioner has already undergone his sentence for a period of five years as is obvious from the report of Superintendent Central Jail, Lahore; that it will take long time to decide the appeal of the petitioner.
3. On the contrary the learned State counsel strongly opposed the petition.
4. Heard both the parties. Record perused.
5. Since the petitioner has already undergone for a period of five years as is obvious from the report of Superintendent of Central Jail, Lahore. The contentions raised by the learned counsel for the petitioner need further probe and determination, therefore, we suspend the conviction and sentence awarded to the petitioner subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate. H.B.T./A-380/L Sentence suspended.