Law: Criminal Procedure Code (V of 1898)

Section: 265-E,412

(a) Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), Ss. 265-E 412---Possession of narcotics---No appeal in certain cases when accused pleads guilty---Scope---Accused was convicted and sentenced to suffer rigorous imprisonment for four years for having been found in possession of 360 grams of charas---Accused had submitted an application before the Trial Court wherein by waiving the right of trial and right of appeal, he had pleaded guilty and left himself at the mercy of the Trial Court---On the same day, charge was framed and on his own plea, accused was convicted---Where the Court intended to award maximum punishment, the accused had to be forewarned about the implication of the charge and the effect of guilty plea---Court had to disclose its mind to the accused that even if he pleaded guilty, the Court was not going to take lenient view and if the accused stood still by his position then the Court would decide the case according to the nature of the charge---Accused was not found guilty rather he had pleaded guilty only to come out from the rigors of the prolonged trial---Merits of the case revealed that if the accused had not pleaded guilty and claimed trial, he would have been acquitted---Nothing was on record to show that the Trial Court before awarding the impugned sentence had satisfied itself that the plea of guilt was made by the accused after the charge had fully been explained to him and that the accused understood the charge, its implication and that the same was voluntary---Sentence awarded to the accused being harsh was reduced to the period he had already spent in custody. (b) Criminal Procedure Code (V of 1898)--- ----S. 265-E---Criminal trial---Plea---Scope---Procedure in cases where the accused ‘plead guilty’ is different from the procedure adopted in the cases where the accused ‘plead not guilty’---Where the accused pleads guilty, no further proceedings in respect of the offence is conducted and after looking into the nature of the offence by taking a lenient view the minimum sentence (if prescribed by the statute) is awarded---Where the Court intends to award maximum…

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