2006 PLP 1041 (SCMR)
Mst. HUSNA SAADAT — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 1041 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sardar Muhammad Raza Khan and M. Javed Buttar, JJ |
| Parties | Mst. HUSNA SAADAT — 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 2006 PLP 1041 (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 2006 PLP 1041 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Muhammad Raza Khan and M. Javed Buttar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1041 (SCMR) (Mst. HUSNA SAADAT — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz S.A. Rehman, Advocate Supreme Court for Petitioner.
- M. Zaman Bhatti, Advocate Supreme Court for Respondent.
- Date of hearing: 5th April, 2006.
Headnotes / Summary
(On appeal from the judgment, dated 24-2-2005 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi in Criminal Appeal No.401 of 2003).
S. 9
Sentence, reduction in
Recovery of 9.5 kilogram Charas
Carrier
Accused lady was convicted for transporting Charas weighing 9.5 kilogram and was sentenced to ten years' imprisonment
Prosecution examined adequate number of witnesses to prove the recovery, which was further re-enforced by the physical apprehension of the accused on the spot
Report of Chemical Examiner established the material to be contraband Charas
Supreme Court did not find any reason to set aside the conviction but sentence was reduced as the accused was a carrier and' the material involved was neither heroin nor opium
Supreme Court reduced the sentence of ten years to eight years imprisonment
Appeal was allowed.
Judgment & Decree
SARDAR MUHAMMAD RAZA KHAN, J.
Mst. Husna Saadat has filed this jail petition challenging the judgment, dated 24-2-2005 of a learned Division Bench of Lahore High Court, 'Rawalpindi Bench whereby her conviction under section 9 of the Control of Narcotic Substances Act, 1997 and rigorous imprisonment for ten years with a fine of Rs.2,00,000 (Rupees two lac only), was maintained.
2. The petitioner, on 1-4-2001 at 1830 hours was apprehended by police with 9.5 kilograms of Charas while she was crossing over to Motorway Bus Stop from G.T. Road Bus Stop within the limits of Motorway Chowk in Jhangi Syedan.
3. The prosecution has examined adequate number of witnesses to prove the recovery, which is further re-enforced by the physical apprehension of the lady on the spot. The report of Chemical Examiner establishes the material to be contraband Charas. We do not find any reasons at all to set aside the conviction but, with regard to the sentence, we feel persuaded to believe that the petitioner is a carrier and the material involved is neither heroin nor opium. To the extent of sentence, the petition after conversion into appeal is partially accepted and the petitioner's sentence is reduced to eight years' rigorous imprisonment with a fine of Rs.1,00,000 (Rupees one lac only) in the default of payment whereof she shall further suffer imprisonment for six months. M.H./H-7/SC?????????????????????????????????????????????????????????????????????????????????????? Order accordingly.