Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S. 426--- Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Recovery of narcotics---Sentence, suspending of---Accused was found in possession of Charas weighing 4 kilogram which was wraped in three packets and in a sack Garda Charas was also recovered---Accused was apprehended at the spot red handed and prosecution witnesses fully supported version of prosecution---Effect---Recovery of Charas at the spot was fully proved and Chemical Examiner Report was also positive---High Court did not find it appropriate to have deeper appreciation at such stage---Accused was convicted under S. 9(c) of Control of Narcotic Substances Act, 1997, after regular trial and Trial Court came to the conclusion that prosecution had proved its case beyond reasonable doubt---High Court declined to suspend the sentence awarded to accused by Trial Court--- Petition was dismissed in circumstances. The State through Deputy Director, Anti-Narcotics Force, Karachi v. Mobin Khan 2000 SCMR 299 rel. ORDER Through the instant petition filed in terms of section 426, Cr.P.C., Mst. Sadia Bibi petitioner seeks suspension of her sentence and admitting her to bail, pending disposal of her criminal appeal. 2. Having been booked in case F.I.R. No. 384 dated 11-4-2006, offence under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station North Cantt, Lahore, the petitioner was tried by Malik Khalid Mehmood, Additional Sessions Judge, Lahore. The learned trial court seized with the matter in terms of judgment dated 26-6-2013 convicted the petitioner under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced her to undergo R.I. for five years and six months with direction to pay fine of Rs.25,000 and in case of default in payment thereof, to further undergo S.I. for five months and fifteen days. Benefit of section 382-B, Cr.P.C. was also extended in favour of the petitioner. 3. It has been contended by the learned counsel for the petitioner that the impugned judgment is against the law and facts as the petitioner has falsely been involved in this case with mala fide intention and ulterior motives;…

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