| Citation(s) |
|---|
| 2020 SLG 664 2020 SLD 664 2020 SCMR 454 |
Supreme Court of Pakistan
Criminal Appeal No. 01-L of 2015, decision & hearing Date : 15-01-2020 (On appeal from the judgment of Lahore High Court, Lahore Dated 31.07.2002, passed in Criminal Misc. 1192-M of 1995)
MUSHIR ALAM, JUSTICE MAZHAR ALAM KHAN MINAKHEL, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Petitioner(s) by: Waqar Hassan Mir, Advocate Supreme Court and Ahmed Awais, Advocate Supreme Court Kamran Murtaza, Senior Advocate Supreme Court for Applicant.
Respondent(s) by: Zafar Iqbal Chohan, Special Prosecutor ANF, Ch. Inam Amin Minhas, Special P
Criminal Appeal No. 01-L of 2015, decision & hearing Date : 15-01-2020 (On appeal from the judgment of Lahore High Court, Lahore Dated 31.07.2002, passed in Criminal Misc. 1192-M of 1995)
MUSHIR ALAM, JUSTICE MAZHAR ALAM KHAN MINAKHEL, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Petitioner(s) by: Waqar Hassan Mir, Advocate Supreme Court and Ahmed Awais, Advocate Supreme Court Kamran Murtaza, Senior Advocate Supreme Court for Applicant.
Respondent(s) by: Zafar Iqbal Chohan, Special Prosecutor ANF, Ch. Inam Amin Minhas, Special P
TASNEEM JALAL
VS
DEPUTY DIRECTOR ANF AND OTHERS
Law: Control of Narcotic Substances Ordinance, 1995
Section: 37
Law: Constitution of Pakistan, 1973
Section: 12
Control of Narcotic Substances Ordinance (VI of 1995) [since repealed]--- ----S. 37--- Constitution of Pakistan, Art. 12--- Possessing and distributing narcotics---Conviction by a foreign court---Forfeiture of property in Pakistan under S. 37 of the Control of Narcotic Substances Ordinance, 1995 ("Ordinance") for an offence that was committed prior to the promulgation of said Ordinance---Protection against retrospective punishment---Scope---Said Ordinance was promulgated on 29-11-1995 whereas the offence took place in September, 1992 and the convict was convicted and sentenced by a foreign court on 26-09-1993---At the time of the offence (i.e. the year 1992), the punishment of forfeiture of properties of the convict in Pakistan was not available under the law as the Ordinance was promulgated in the year 1995---Fundamental Right under Art.12 protected a person against punishment for an offence (act or omission) that was not punishable at the time of the offence---Clearly, the punishment of forfeiture of the properties of the convict in Pakistan against a conviction of a foreign court did not exist at the time of the offence or the conviction, therefore, S. 37 of the Ordinance was not applicable to an offence committed by the convict before its promulgation---Appeal was allowed accordingly. Khan Asfandyar Wali v. Federation of Pakistan PLD 2001 SC 607; Abdul Rehman v. State 1978 SCMR 292 and Maqbool Ahmad v. State 2007 SCMR 116 ref. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, JUSTICE:---.--- The legal question that concerns us is the application of the punishment of forfeiture of property under section 37 of the Control of Narcotic Substances Ordinance, 1995 ("Ordinance") to an offence that was committed prior to the introduction of such punishment in law. 2. The facts of the case are simple and admitted. The predecessor-in-interest of the appellant namely; Tasneem Jalal was convicted for the offences of possessing, aiding and abetting with the intent to distribute Heroin vide judgment dated 26.09.1993, passed by the United States District Court in the District of New Jersey, USA for a term of 108 months under the relevant law. 3. Subsequently, in…
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