Law:

Section:

Transfer of Offenders Ordinance (XXXVII of 2002)--- ----Ss. 9(2) & 13---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Penal Code (XLV of 1860), S. 57---Constitution of Pakistan, Art. 199---Constitutional petition---Conviction by foreign court---Reduction in sentence---Scope---Remissions, entitlement of---Petitioner was convicted by Court in United Kingdom for transporting 195 kilograms of cocaine (drug) and was sentenced to 25 years of imprisonment---After serving out about six years in foreign prison he was transferred to Pakistan to serve out remaining sentence---Petitioner sought reduction in his sentence on the plea that in Pakistan sentence for the offence he was convicted was lesser than that was imposed by foreign Court and also claimed to be entitled to remissions in his sentence---Validity---Where quantity of narcotic drug had exceeded 10 kilograms, the proviso to S.9(c) of Control of Narcotic Substances Act, 1997, mentioned that punishment would not be less than imprisonment for life---Quantity of narcotic drug involved was 195 kilograms, was above the specified 10 kilograms, therefore, he would not have been punished with lesser sentence---Imprisonment for life in Pakistan, under S.57, P.P.C. was reckoned as equivalent to 25 years---Sentence awarded to petitioner by foreign Court could not be termed excessive or incompatible with any law of Pakistan---Reduction of sentence on the basis of foreign laws was not tenable as those laws were not enforceable in Pakistan and through S. 9(2), Transfer of Offenders Ordinance, 2002, after transfer of convict to Pakistan the sentence was enforced in accordance with laws of Pakistan---No distinction was made by S.9(2) of Transfer of Offenders Ordinance, 2002, between period served by transferred offender in sending countries or the period was required to be served in Pakistan---Sentence was taken as a whole and for enforcement it remained subservient to Pakistani law--- Petitioner was entitled to avail remissions allowed in Pakistan for whole sentence period i.e. period served in foreign country as well in Pakistan---High Court directed the authorities to re-issue Roll of Sentence after going…

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