2008 PLP 1295 (SCMR)
ZAHEER-UD-DIN alias JEER — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 1295 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Hamid Farooq and Syed Sakhi Hussain Bokhari, JJ |
| Parties | ZAHEER-UD-DIN alias JEER — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 1295 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1295 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Hamid Farooq and Syed Sakhi Hussain Bokhari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1295 (SCMR) (ZAHEER-UD-DIN alias JEER — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- N.A. Butt, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment, dated 2-10-2007 passed by the Lahore High Court, Lahore in C.M.A. No.2 of 2007 in Criminal Appeal No.591 of 2007).
S. 426
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Constitution of Pakistan (1973), Art.185(3)
Suspension of sentence, refusal of
Trial Court, after regular trial observed that prosecution had proved its case beyond reasonable doubt
Deeper appreciation of evidence was not proper at that stage
Even otherwise huge quantity of Charas (12 Kgs. and 600 grams) and heroin (3 Kgs and 450 grams) was recovered from the petitioner
High Court, in circumstances had rightly rejected application of petitioner for suspension of sentence
In the absence of any illegality or infirmity in the order of the High Court, petition for leave to appeal was dismissed. Ms. Yasmin Sehgal, D.P.-G. for the State.
Judgment & Decree
SYED SAKHI HUSSAIN BOKHARI, J.
Zaheer-ud-Din, petitioner, has filed this petition for leave to appeal against the order, dated 2-10-2007 passed by Lahore High Court, Lahore.
2. The brief facts of the case are that a case (F.I.R. No.252, dated 20-8-2002) was registered against the petitioner and after usual investigation he was challaned. He faced trial and learned trial Court convicted him under section 9(c) of the C.N.S.A., 1997 and sentenced to suffer imprisonment for life. Learned trial Court also directed him to pay Rs.1,00,000 as fine vide judgment, dated 14-4-2007. The petitioner filed appeal thereagainst and also filed application for suspension of sentence which was dismissed vide order, 2-10-2007. Hence this petition for leave to appeal.
3. We have heard the learned counsel for the parties and perused the record. As stated earlier petitioner was convicted under section 9(c) of the C.N.S.A., 1997 and sentenced to suffer imprisonment for life and to pay Rs.1,00,000 as fine. The case of petitioner is that Abdul Naeem (C.W.1) has not supported prosecution version, therefore, it is a fit case for suspension of sentence. This contention of petitioner is devoid of force because after regular trial the trial Court observed that prosecution has proved its case beyond reasonable doubt. Moreover deeper appreciation of evidence is not proper at this stage. Even otherwise huge quantity of Charas (12 Kgs. and 600 grams) and heroin (3 Kgs and 450 grams) was recovered from him. So in the circumstances of the case, we find that learned High Court has rightly rejected his application for suspension of sentence and there is no illegality or infirmity in the same is dismissed and leave to appeal is accordingly refused. H.B.T./Z-5/SC Leave refused.