Case Details

Citation(s)
2019 SLG 310 2019 SLD 310 2019 PLJ 144
Supreme Court of Pakistan
Crl. A. No. 90-L of 2017 and Crl. Misc. Appln. No. 307-L of 2018, decision Dated: 15.09.2018. Date of hearing: 13.09.2018. (On appeal from the judgment Dated 24-03-2014 of the Lahore High Court, Lahore passed in Criminal Appeal No. 2374 of 2010).
GULZAR AHMED, JUSTICE QAZI FAEZ ISA, JUSTICE SAJJAD ALI SHAH, JUSTICE
Petitioner(s) by: Kh. Muhammad Saeed, Advocate Supreme Court and Mrs. Tasnim Amin, Advocate-on-Record (absent)
Respondent(s) by: Ch. Muhammad Waheed Khan, Additional Prosecutor General, Punjab

MUHAMMAD ADNAN

VS

STATE

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Juvenile Justice System Ordinance, 2000

Section: 4,10(7)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Juvenile Justice System Ordinance, 2000, S. 4 & 10(7)--Acquittal of--Appellant was driving a motor-cycle rickshaw from which a huge quantity of narcotic drugs, comprising of four maunds, three kilograms and two hundred grams of charas and one hundred and eighty grams of heroin, were recovered--Appellant was the brother of an absconding co-accused--Inspector who had set up the picket and apprehended the appellant was the complainant of the case--Appellant was a twelve year old minor at the relevant time--That the warrants of arrest of the co-accused had not been obtained; proceedings were not initiated against them pursuant to Section 87 of the Code to have them declared as proclaimed offenders and to have their properties attached u/S. 88 of the Code--Prosecution had completely failed to establish its case against the appellant, let alone having established it beyond reasonable doubt--Acquittal of. Trial of Juvenile-- ----Trial of juveniles be concluded by juvenile Courts without delay and appeals against conviction be prioritized and expeditiously decided. THIS JUDGMENT DELIVERED BY: QAZI FAEZ ISA, J---.--- Criminal Miscellaneous Application No. 307-L/2018: Since we have proceeded to hear the main appeal, this Application seeking the suspension of sentence, has lost its relevance and is disposed of. Criminal Appeal No. 90-L of 2017: 1. This appeal, with the leave of the Court, assails the judgment dated 24th March, 2014 of a Division Bench of the Lahore High Court, Lahore which had upheld the judgment dated 15th September, 2010 of the Judge Juvenile Court CNSA, Sheikhupura, who had convicted the appellant Muhammad Adnan son of Khadim Hussain under Section 9 (c) of the Control of Narcotic Substances Act, 1997 and sentenced him to imprisonment for life and imposed on him a fine of one million rupees and in default of payment of fine directed that he undergo a further simple imprisonment for six months. 2. The case against the appellant was that he was driving a motor-cycle rickshaw bearing Registration No. 7664/LEO ("the vehicle") from which a huge quantity of narcotic drugs, comprising of…
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