Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 15---Possession of narcotic---Sentence---Fine imposed on accused---Non-payment of fine---Reduction in quantum of fine and release from jail---Accused who had served out his sentence of imprisonment was confined in jail just because he could not pay the fine of Rs. 500,000 imposed on him by Trial Court---Imposition of fine to the accused was the sole discretion of the court, regulated by the facts and circumstances of a case---Fine of Rs. 500,000 imposed on the accused had been maintained up to the Supreme Court, however such fact may not debar the High Court to reduce the fine---Liberty of an individual was of prime importance for the High Court and just because of non-payment of fine, which the accused could not arrange while in jail, his liberty could not be curtailed---High Court reduced fine imposed on accused from Rs. 500,000 to Rs. 50,000 and in the alternate to spend two months imprisonment---As accused had already spent two months in prison due to default of fine, High court directed to release him immediately from jail---Constitutional petition was disposed of accordingly. THIS ORDER PASSED BY: SYED MUHAMMAD KAZIM RAZA SHAMSI, JUSTICE:----------------- Through this constitutional petition the petitioner has sought his release on parole on the ground that he was convicted, in case FIR No.28 dated 04.09.2003 under sections 9(c)/15, Control of Narcotic Substances Act, 1997 registered at Police Station ANF, Lahore by Judge, Special Court, C.N.S., Lahore vide judgment dated 29.08.2005 and sentenced to 25 years' R.I. with fine of Rs.5,00,000/- and in default whereof to further undergo 1 year's S.I. besides extending the benefit of section 382-B, Cr.P.C. 2. As per the report submitted by Superintendent, Central Jail, Faislabad the petitioner was to be released on 09.11.2016, but still he is behind the bars as the fine of Rs.5,00,000/- has not been paid. 3. Release of the petitioner sought through this petition is opposed by the learned law officer…

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