Law: Transfer of Offenders Ordinance, 2002

Section: 2(c),9(4),12

Transfer of Offenders Ordinance (XXXVII of 2002)--- ----Ss. 2(c), 9 (4) 12---Agreement between Islamic Republic of Iran and Islamic Republic of Pakistan on the transfer of Prisoners [enforced on 11-05-2014]---Invoking jurisdiction of Court---Waiving of the fine---Scope/offender was convicted and sentenced for two years imprisonment plus 11,636,706,670 Riyals fine by the Court of criminal jurisdiction Islamic Republic of Iran for recovery of 12512 Cans of Alcoholic drink in Iran/offender was transferred to Pakistan under “the Agreement between Government of the Islamic Republic of Iran and the Government of Islamic Republic of Pakistan on the transfer of Prisoners/offender filed application for waiving of the fine on the basis of being pauper---Validity---Offence related to intoxicating liquor, in Pakistan, was punishable under Art.4 of the Prohibition (Enforcement of Hadd) Order, 1979---Keeping in view Art.9(4) of the Prohibition (Enforcement of Hadd) Order, 1979 and Arts. 8 9 of the Agreement, in exercise of inherent jurisdiction under S.561-A, Cr.P.C., the sentence of the pauper applicant was adopted and was made compatible by High Court under S.4 of the Prohibition (Enforcement of Hadd) Order, 1979---Application of pauper was disposed of with the direction for the compliance/implementing the sentence accordingly. ORDER NAEEM AKHTAR AFGHAN, JUSTICE:---.--- The pauper applicant was convicted and sentenced on 31.01.2015 as follows by the Court of criminal jurisdiction Islamic Republic of Iran for recovery of 12512 Cans of Alcoholic drink in Islamic Republic of Iran: “TWO YEARS IMPRISONMENT PLUS 11,636,706,670 RIYALS FINE, IN DEFAULT OF PAYMENT OF FINE TO FURTHER SUFFER IMPRISONMENT FOR 5400 DAYS “. 2. The pauper applicant was taken into custody in Islamic Republic of Iran on 22.11.2014. The pauper applicant has been transferred from Islamic Republic of Iran to Islamic Republic of Pakistan as a convict in pursuance of Agreement dated 11.05.2014, (hereinafter “the Agreement”) between the two States. 3. The pauper applicant has filed the instant application through Superintendent Central Prison Mach for waiving of the fine. 4. On 15.12.2020 Messrs Talat Waheed…

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