Law:

Section:

Control of Narcotic Substances Act (XXV of 1997) ---.--- ---.----S. 9---.---Possession of heroin---.---Reappraisal of evidence---.---Admission of guilt during trial---.---Effect---.---Sentence, reduction in---.---Accused was apprehended while in possession of 3.1 kilograms of heroin, while the co-accused was found in possession of 900 grams of heroin---.---Both accused and co-accused admitted their guilt during trial and the accused also showed remorse for his actions---.---Trial Court sentenced the accused to three years' imprisonment with fine, whereas the co-accused was sentenced to four months' imprisonment with fine---.---State through the Anti-Narcotics Force challenged the quantum of sentence passed against the accused by the Trial Court and sought enhancement of the same in accordance with the sentencing guidelines for narcotics substances laid down in the case of Ghulam Murtaza and another v. The State (PLD 2009 Lahore 362); held, that in the said case the High Court had observed that in a particular case carrying some special features relevant to the matter of sentence a Court may depart from the norms and standards prescribed but in all such cases the Court concerned shall be obliged to record its reasons for such departure---.---In the present case, the Trial Court had recorded reasons for passing a sentence against the accused and made a departure from the sentencing guidelines provided in Ghulam Murtaza and another v. The State (PLD 2009 Lahore 362)---.---Trial Court had observed that the accused had made a confession before the court besides expressing remorse and repentance with an assurance not to deal with narcotics in future---.---Co-accused had also made a confession before the Trial Court and on the basis of such confession he was also awarded a sentence which departed from the sentencing guidelines provided in Ghulam Murtaza and another v. The State (PLD 2009 Lahore 362) but the State had not sought enhancement of his sentence---.---Reasons recorded for passing a reduced sentence against the accused and for making a departure from the sentencing guidelines provided in Ghulam Murtaza and another v. The State (PLD 2009 Lahore 362) were found…

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