2021 PLP 109 (SCMR)
Mst. SUGHRAN and another — Appellants Versus The STATE — Respondent
| Citation | 2021 PLP 109 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ |
| Parties | Mst. SUGHRAN and another — Appellants Versus The STATE — Respondent |
| Primary Law | (b) Administration of justice, (a) Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2021 PLP 109 (SCMR)?
This judgment primarily cites: (b) Administration of justice, (a) Control of Narcotic Substances Act (XXV of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 109 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 109 (SCMR) (Mst. SUGHRAN and another — Appellants Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Amjad Iqbal Qureshi, Advocate Supreme Court for Appellants.
Headnotes / Summary
(Against the judgment dated 8.11.2016 passed by the High Court of Sindh, Circuit Court, Larkana in Cr. Appeal No.D-3 of 2015)
S. 9(c)
Possession of cannabis
Sentence, reduction in
Sentence reduced to period already undergone
Contraband attributed by the prosecution to the accused-lady, being not in excess of 10-kg, brought her case out of the barriers of statutory sealing of lowest mandated sentence and, thus, for reasons valid and just, her plea for reduction of sentence could be entertained
Status of the accused as a hapless carrier of the cannabis had not seriously been controverted by the prosecution
No material/circumstance was found on record to view the accused or co-accused (since deceased) as being privy at the helm of the consignment; they seemed to be abandoned by those who ensnared them into the trap
According to the report submitted by the jail authorities, the accused, as on 23-10-2020, had served out a period well exceeding six years and was scheduled to be released on 18-12-2022
Substantial period of sentence already served out, and death of identically placed co-accused in the prison, were factors that taken into consideration together, cumulatively made out a case to reduce the sentence of accused to the period already undergone
With such modification in sentence, appeal was partially allowed
Criminal justice system
Primary purpose behind the criminal justice system was to enable an offender to reform and rehabilitate him/herself to rejoin mainstream life to once again become a useful member thereof; purpose was not to wreak vengeance. Hussain Bux, Additional Prosecutor General Sindh for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
After strenuously highlighting "flaws" in various investigative steps, the learned counsel, nonetheless, does not press appellant's conviction, concurrently held in order by the Courts below, albeit in reduction of sentence by the High Court and prays for further reduction of her sentence to the period already undergone with corresponding modification in the amount of fine. The appellant alongside co-accused Mst. Sughra was surprised in a public vehicle by an Excise contingent of Jacobabad Circle in the Province of Sindh with a cache of cannabis 10 kg each. Mst. Sughra co-convict has since been passed away. According to the report submitted by the jail authorities, the appellant, as on 23.10.2020, has served out a period well exceeding six years and is scheduled to be released on 18.12.2022. A considerable cache of contraband, nonetheless, attributed by the prosecution to the appellant, being not in excess of 10-kg, brings her case out of the barriers of statutory sealing of lowest mandated sentence and, thus, for reasons valid and just, her plea for reduction of sentence can be visited thoughtfully; her apparent status of a hapless carrier has not seriously been controverted by the learned Law Officer who otherwise, nonetheless, faithfully defended the impugned judgment and opposed the reduction of sentence in view of the grace already shown by the High Court. The primary purpose behind the Criminal Justice System is to enable an offender to reform and rehabilitate him/herself to rejoin the mainstream life to once again become a useful member thereof. It is not to wreak vengeance. In the present case, we have not been able to find out any material/circumstance to view the appellant or her deceased partner as being privy at the helm of the consignment; abandoned by those who ensnared them into the trap, they struggled for their release on their own through jail petitions after a trial conducted without craft. Substantial period already served out, death of identically placed inmate in the prison, are factors perhaps failing to individually qualify, nonetheless, taken into consideration together, cumulatively make out a case to reduce her sentence to the period already undergone. Reduction in fine to the tune of Rs.30000/- or to undergo three months SI in the event of default shall also be a conscionable arrangement. With the above modification, the appeal is partly allowed. MWA/S-44/SC Order accordingly.