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Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(b) & 47--Probation of offenders Ordinance, 1960, S. 3--Conviction and sentence--Order to send on probation--Challenge to--Whether in narcotic cases registered under Act, a convict can be dealt with under Ordinance and sent on probation--Section 47 of Act has made provisions of Cr.P.C., applicable, in a trial or appeal before Special Court--Until and unless not expressly excluded, provisions of Code would be applicable during trial and appeals, in narcotic cases--It can safely be held that even in narcotic cases, where Court would deem it proper, for betterment of an offender, instead of sending him to imprisonment can send him on probation. Probation of Offenders Ordinance, 1960-- ----S. 3--Criminal Procedure Code, (V of 1898), S. 562--Powers of Court--Order to send on probation--Under Section 3 of Ordinance, High Court, Court of Sessions, magistrate and any other magistrate especially empowered in that behalf, may exercise powers under Ordinance, whether case comes before it for original hearing or in appeal or in revision. JUDGMENT Muhammad Tariq Abbasi, J.--By way of this appeal, a portion of order dated 28.8.2007, passed by the learned Additional Sessions Judge, Multan has been called in question, whereby Respondents No. 2 & 3, namely, Mst. Rani and Muhammad Ashiq aliasKali (hereinafter referred to as the respondents) have been sent on probation, for a period of three years and given under the supervision of Probation Officer, Multan, appointed under the Probation of Offenders Ordinance, 1960 (hereinafter referred to as the Ordinance). 2. The facts are that the respondents were challaned in case FIR No. 17, dated 22.11.2005, registered under Section 9(b) of the Control of Narcotic Substances Act, 1997 (hereinafter referred to as the Act), at Police Station, ANF, Multan, with the allegations that Heroin weighing 450-Grams was recovered from Mst. Rani respondent, whereas 300-Grams from Muhammad Ashiqalias Kali, respondent. During pendency of the trial, on 28.8.2007, the respondents opted to make confessional statements, hence recorded by the learned trial Court, whereby both admitted…

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