Law: Control of Narcotics Substances Act, 1997

Section: 48,6,9(b)

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 48, 6 9(b)---Appeal---Possession of narcotics---Revision petition---Maintainability---Condonation of delay---Scope---Prosecution preferred appeal for enhancement of sentence awarded by Trial Court in view of plea of guilty---Accused was convicted for an offence under Ss. 6 9(b) of Control of Narcotic Substances Act, 1997---Anti-Narcotics Force could only invoke the jurisdiction of appeal under S. 48 of Control of Narcotic Substances Act, 1997, for challenging the order of Special Court---Authorization by the Acting Director, Anti-Narcotics Force under S. 14 of Control of Narcotic Substances Act, 1997, for filing revision petition was given after the expiry of statutory period of limitation for challenging the impugned order, neither at the time of filing revision nor at the time of oral request to convert the revision into appeal, had filed any application for condonation of limitation period for filing the appeal---In the absence of any request for condonation of delay or any oral explanation for the delay in filing appeal, no justification existed to entertain the hopelessly time-barred appeal---Reasoning advanced by the Trial Court was confession of guilt and also that the accused was of young age being the only bread-earning member of the family as well as admittedly first offender---Appeal was dismissed. Fazeelat Bibis case PLD 2013 SC 361; Ghulam Murtaza and another v. The State PLD 2009 Lah. 362 and State through the Deputy Director (Law), Regional Directorate, Anti-Narcotics Force v. Mujahid Naseem Lodhi PLD 2017 SC 671 rel. ORDER NAZAR AKBAR, JUSTICE:---.--- This Criminal Appeal has been preferred by the appellant for enhancement of sentence awarded by the order dated 31.01.2012 passed by the learned Special Judge, Court-I, CNS, Karachi in Special Case No.06/2012, whereby, in view of plea of guilty, Respondent No.2 was convicted for an offence under sections 6/9(b) of CNS Act, 1997 and sentenced to suffer the term of R.I with benefit of section 382-B of Cr.P.C, for the period he has already under-gone (1 month 7 days without fine). 2. Initially on 7.7.2012, the appellant has filed a Criminal…

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