2007 PLP 1591 (SCMR)
Mst. TAJ BIBI — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 1591 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sardar Muhammad Raza Khan and Muhammad Nawaz Abbasi, JJ |
| Parties | Mst. TAJ BIBI — 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 2007 PLP 1591 (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 2007 PLP 1591 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Muhammad Raza Khan and Muhammad Nawaz Abbasi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1591 (SCMR) (Mst. TAJ BIBI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Niaz Ahmad Rathore, Advocate Supreme Court for Petitioner.
- Date of hearing: 25th April, 2006.
- Dil Muhammad Tarar, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the judgment, dated 27-10-2004 of Lahore High Court, Rawalpindi Bench, passed in Criminal Appeal No.559 of 2002).
S. 9(c)
Constitution of Pakistan (1973), Art.185(3)
Recovery was satisfactorily proved in the case reinforced by the physical arrest of the accused on the spot as well as the report of Chemical Examiner which was in positive
No exception thus, could be taken to the conviction of accused
Accused, however, seemed to be a carrier and being a lady, a lenient view was taken by the Supreme Court and after converting the petition into appeal, sentence of imprisomnent of six years and fine of Rs.50,000 was awarded instead of eight years' RI. and a fine of Rs.1,00,000 with benefit of 5.382-B, Cr.P.C. Dil Muhammad Tarar, Advocate Supreme Court for the State.
Judgment & Decree
SARDAR MUHAMMAD RAZA KHAN, J.
Mst. Taj Bibi seeks leave to appeal against the judgment, dated 27-10-2004 of Lahore High Court,. Rawalpindi Bench, whereby, her appeal was dismissed and she stood convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to rigorous imprisonment for eight years along with a fine of Rs.1,00,000.
2. The recovery is satisfactorily proved in the instant case reinforced by the physical arrest of the petitioner on the spot as well as the report of Chemical Examiner which is in positive. No. exception can be taken to the conviction aforesaid.
3. So far as the sentence is concerned, the petitioner seems to be a carrier and she being lady, we propose to take lenient view. We believe that a sentence of imprisonment for six years and tine of Rs.50,000, in the circumstances, would meet the ends of justice. Accordingly the jail petition, after conversion into appeal, is allowed to the extent of sentence alone. The imprisonment of eight years is reduced to six years with a fine of Rs.50,000 in default of payment whereof she would undergo simple imprisonment for six months. Benefit under section .382-B, Cr.P.C. shall be available. M.B.A./T-6/SC??????????????????????????????????????????????????????????????????????????????????? Order accordingly.