Law: Control of Narcotics Substances Act, 1997

Section: 9(c),48

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 9(c) 48--Conviction and sentence--Challenge to--Application for suspension of sentence was arrested at spot on 22.06.2019 and at time of pronouncement of his guilty verdict by trial Court vide impugned dated 29.09.2020, he was in custody--Thus, petitioner has already undergone a substantial portion of his sentence and remaining portion of his sentence is short one, hence keeping in view that there is no prospect of early hearing and decision of main appeal of petitioner in near future as same pertains to year 2020, therefore, possibility cannot be ruled out that petitioner may serve out his entire sentence before decision of his appeal on merits--It will amount to awarding petitioner punishment in advanced--Appication was allowed. 1999 SCMR 2589. ORDER Crl. Misc. No. 01-M of 2020 Hayat Khan (petitioner) involved in case F.I.R No. 413 dated 22.06.2019 registered under Section 9(c) of the Control of is Narcotic Substances Act, 1997 at Police Station Gujar Khan, was tried by learned Addl. Sessions Judge, Gujar Khan District Rawalpindi. The learned trial Court vide judgment dated 29.09.2020 proceeded to convict the petitioner under Section 9(c) of CNSA 1997 and sentence him to undergo rigorous imprisonment for 04-years and 06-months with the direction to pay fine of Rs. 20,000/- and in default whereof to further undergo five months SI. Benefit of Section 382-B, Cr.P.C. was also extended in favour of the petitioner. Against his conviction and sentence, the appeal filed by the petitioner is pending disposal before this Court and through the instant miscellaneous application prayer has been made for the suspension of execution of his…

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