Law:

Section:

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(b) & (c)--Conviction and sentence recorded against accused by trial Court, maintained by High Court--Narcotics were recovered from secret compartments--Report of FSL--Quantum of sentence in narcotic substances cases depends upon quantity of recovered substance--Different packets were not separately sealed and sent for separate analysis to chemical examiner--Two kgs were sent together in one sealed parcel--Punishments depending on quantity of narcotics--Validity--If quantity exceeds ten kgs, punishment shall not be less than imprisonment for life--When quantity does not exceed on kg and provides for imprisonment which may extend to seven years and unspecified amount of fine--For quantity exceeding one kg imprisonment for a period exceeding seven years is mandated, and if it exceeds ten kgs it cannot be less than imprisonment for life--Period of imprisonment in respect of narcotics weighing more that on kg but less than ten kgs should be for period greater than seven years to anything less than fourteen years--Imprisonment for life or death is attracted when threshold of 10 kgs is reached--Section 9(c) provides for imprisonment for a term of up to 14 years and if such provision is read with Section 9(b) of Act which provides maximum imprisonment term of seven years in respect of quantity of upto one kg then sentence for quantity of 2 kgs of charas could range from imprisonment of over seven years and upto fourteen years--Whilst maintaining conviction u/S. 9(c) reduced period of rigorous imprisonment to eight years with fine and in default of payment of fine to undergo simple imprisonment for six months--Benefit u/S. 382-B, C.P.C. shall also be extended to the accused--Appeal was allowed. THIS JUDGMENT DELIVERED BY: Qazi Faez Isa, J.- This appeal assails the judgment of a Division Bench of the Hon'ble Balochistan High Court whereby the appeal preferred by the appellant was dismissed vide judgment dated 21st October 2010 and the sentence awarded by the trial Court was maintained. The trial was conducted by the Special Judge, Control of Narcotics Substances, who vide judgment dated 25th July 2009…

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