Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotic---Re-appraisal of evidence---Sentence, reduction in---Death sentence converted to sentence already undergone---Narcotic found in different packets---Separate samples to be taken from each packet for examination---Accused was allegedly found in possession of 20 bags containing narcotics---Each bag contained 20 packets and each packet weighed 1 kilogram---One (1) gram narcotic was separated from each packet and after amalgamation, 10 sealed parcels of 20/20 grams narcotic were prepared as sample---Held, that if narcotic was recovered, then from each packet a separate sample of narcotic for chemical examination had to be prepared and sent for examination---However, in the present case only 10 packets had been prepared as sample after amalgamation of the recovered narcotic, hence, keeping in view the ratio of the Ameer Zeb v. The State (PLD 2012 SC 380), recovery of narcotic was proved only to the extent of 10 kilograms---Accused in such circumstances could at most be convicted under S. 9(c) of Control of Narcotic Substances Act, 1997 for narcotic weighing 10 kilograms---Proviso to S. 9(c) of Control of Narcotic Substances Act, 1997 provided that if quantity of recovered narcotic exceeded 10 kilograms, the punishment shall not be less than imprisonment for life---As the quantity of narcotic recovered from accused in the present case was proved only to the extent of 10 kilograms (and not more than that), hence he could not be sentenced to undergo life imprisonment---Accused had already undergone more than 14 years in jail---Supreme Court in such circumstances converted death sentence awarded to accused to sentence already undergone by him---Appeal was disposed of accordingly. Ameer Zeb v. The State PLD 2012 SC 380 ref. JUDGMENT IJAZ AHMED CHAUDHRY, J.---The appellant challenges the judgment dated 31st of January, 2006, through which Criminal Appeal No.2071 of 2003, filed by Shaukat Ali appellant, against his conviction awarded under section 9(c) of the Control of Narcotic Substances Act, 1997 [hereinafter referred to as, the Act] and sentence of death with fine of Rs,5,00,000 or…

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