2016 PLP 806 (SCMR)
PARA DIN and others — Appellants Versus The STATE — Respondent
| Citation | 2016 PLP 806 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Asif Saeed Khan Khosa, Mushir Alam and Manzoor Ahmad Malik, JJ |
| Parties | PARA DIN and others — Appellants Versus The STATE — Respondent |
| Primary Law | Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2016 PLP 806 (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 2016 PLP 806 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Asif Saeed Khan Khosa, Mushir Alam and Manzoor Ahmad Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 806 (SCMR) (PARA DIN and others — Appellants Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Zaman Bhatti, Advocate Supreme Court for Appellants.
- Date of hearing: 19th January, 2016.
Headnotes / Summary
(Against the judgment dated 11-5-2009 passed by the High Court of Balochistan, Quetta in Criminal Appeal No.271 of 2005)
S. 9(c)
Sentence, reduction in
Consolidated sample
Accused was found in possession of 162 kilograms of charas pukhta contained in 162 packets weighing one kilogram each and charas kham weighing 34 kilograms contained in 34 packets weighing one kilogram each
One consolidated sample of 100 grams was separated from all packets containing charas pukhta and one consolidated sample weighing 50 grams had been separated from all the packets containing charas kham
Only the weight of two packets i.e. two kilograms of charas could be considered against the accused in such circumstances for the purpose of his conviction and sentence
Conviction of accused for an offence under S. 9(c), Control of Narcotic Substances Act, 1997, was maintained but his sentence was reduced to imprisonment for four years and six months along with a fine of Rs. 20,
000. Ameer Zeb v. The State PLD 2012 SC 380 ref. Noman Shafique, Special Prosecutor, Balochistan for the State.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
The facts of this case as well as the evidence produced before the trial court find an elaborate mention in the judgments passed by the courts below and, therefore, the same may not be reproduced here so as to avoid duplication and unnecessary repetition.
2. A report has been received from the Superintendent, Central Prisons, Mach informing that Para Din appellant has already been released from the jail on 26-6-2012 after completely serving out his sentence. This appeal is, therefore, dismissed as having become infructuous to the extent of Para Din appellant.
3. As regards Jillani appellant we note that according to the prosecution recovery in this case had been made in respect of charas pukhta weighing 162 kilograms contained in 162 packets weighing one kilogram each and charas kham weighing 34 kilograms contained in 34 packets weighing one kilogram each and after the said recoveries one consolidated sample of 100 grams was separated from all the packets containing charas pukhta and one consolidated sample weighing 50 grams had been separated from the packets containing charas kham. According to the law declared by this Court in the case of Ameer Zeb v. The State (PLD 2012 SC 380) the weight of two packets, i.e. two kilograms of charas could have been considered against Jillani appellant for the purposes of his conviction and sentence. This appeal is, therefore, partly allowed to the extent of Jillani appellant, his conviction for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 is maintained but his sentence is reduced to rigorous imprisonment for four years and six months and a fine of Rs.20,000/- (Rupees twenty thousand only) or in default of payment thereof to undergo simple imprisonment for five months. The benefit under section 382-B, Cr.P.C. shall be extended to the appellant. This appeal is disposed of in these terms. MWA/P-1/SC Order accordingly.