Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)---.--- ---.---S. 426---.---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---.---Possession of narcotics---.---Suspension of sentence---.---Application for---.---Applicant/accused had prayed for suspension of his sentence---.---Trial Court in impugned had observed that extreme penalty of death was not awarded to accused, because, he was neither owner nor driver of the truck, but just a helper of the truck; that co-accused had not been arrested by the Police; and that accused was very poor person and not in a position to purchase such a huge quantity of Charas himself---.---Such observations of the Trial Court had rendered the case of accused to be the one requiring reappraisal of the evidence on record to see that, if he, in such circumstances, could be convicted under the said offence or that his conviction and sentence could be maintained---.---Accused was arrested on 14-5-2007 and since then he was continuously suffering detention---.---No likelihood was in the sight that an early hearing of his appeal would be possible---.---Sentence of accused was suspended, in circumstances. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, JUSTICE:---.--- Criminal Miscellaneous No. 1 of 2010. Applicant Imtiaz by way of the instant application has prayed for suspension of his sentence and admitting him to bail pending disposal of his appeal. 2. He, vide the judgment rendered on 24-9-2009, by Malik Mubeen Ahmad, the learned Additional Sessions Judge/Special Judge Anti-Narcotics, Sheikhupura, in case F.I.R. No. 467 registered with Police Station Sadar, Sheikhupura on 14-5-2007, has been convicted under section 9(c) of the Act supra and sentenced to life imprisonment with fine of Rs.50,000 and in default thereof to further suffer six months' SI. The benefit under section 382-B,…

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