2008 PLP 925 (MLD)
GHULAM HUSSAIN — Appellant Versus THE STATE — Respondent
| Citation | 2008 PLP 925 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | GHULAM HUSSAIN — Appellant Versus THE STATE — Respondent |
| Primary Law | Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2008 PLP 925 (MLD)?
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 2008 PLP 925 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 925 (MLD) (GHULAM HUSSAIN — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.9(c)
Reduction 'in sentence due to sickness and old age
Appeal was not pressed on merits and only reduction in sentence was sought
Accused, according to the report of Jail Medical Officer, was 70/80 years old and was suffering from involuneier continuous tremors of whole head and both hands with unstable gait and he was hypertensive with weak sight of his both eyes
Accused, thus was an extremely sick and old person
Conviction of accused was consequently maintained, but his sentence of ten years' R.I. was reduced to the imprisonment already undergone by him in circumstances
Judgment & Decree
SH. ABDUL RASHID, J.
The appellant was tried in case F.I.R. No.142, dated 12-6-2001 under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station Gunjial District Khushab by the learned Sessions Judge/Special Court C.N.S.A., Khushab and was convicted vide judgment, dated 4-1-2002 and sentenced to undergo ten years' R.I. and a fine of Rs.10,000 in default in payment of fine to further undergo R.I. for six months. Aggrieved by this judgment-conviction the appellant has filed this Criminal Appeal No.36 of 2002.
2. The learned counsel for the appellant does not want to press this appeal on merits but only contends that the appellant as per report of the Medical Officer, dated 13-11-2002 is an old man of 70 to 80 years of age and is a sick person who cannot even walk properly and suffers from many ailments and in view of the said state of health he only prays for reduction in his sentence.
3. During the course of proceedings of this appeal the appellant who is lodged in District Jail Mianwali was got medically examined and the Medical Officer, Central Jail Mianwali sent his report, dated 13-11-2002 to the effect that the appellant is an old person of about 70/80 years of age and was suffering from continuous involuneier tremors of whole head (Head shaking) and both hands, with unstable gait and that he was hypertensive with weak sights of his both eyes. Thus the appellant is an extremely sick and old person.
4. In view of the peculiar circumstances of this case we find that the sentence already undergone by the appellant will meet the ends of justice. The appellant's sentence is reduced to the period which he has already served out. His sentence of fine is also remitted. The appellant shall be released from the jail forthwith, if not required in any other case. N.H.Q./G-41/L Order accordingly.