Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 426

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), S. 426---Possession of narcotics---Suspension of sentence---Scope---Accused persons sought suspension of their sentences awarded to them under S. 9(c) of Control of Narcotic Substances Act, 1997 pending their appeal before the Supreme Court---From the perusal of leave granting order by the Supreme Court, prima facie, it appeared that leave was granted to reappraise the evidence on the dimension of safe custody of the recovered substance as well as safe transmission of samples to the office of Chemical Examiner---Improvements and contradictions pointed out in the prosecution case were the facts which were pressed into service by the counsel for the accused persons, which had persuaded the Supreme Court to grant leave---Probability could not be ruled out that the prosecution case might fall through in the long run---Accused persons having been arrested in 2011 were languishing in jail ever since---Continued incarceration for indefinite period of time would not serve any useful purpose for the prosecutions case---Sentence of the accused persons was suspended pending decision of their appeal before the Supreme Court---Petition was allowed. (b) Criminal Procedure Code (V of 1898)--- ----S. 426--- Suspension of sentence--- Scope---Bare reading of S. 426(2-B), Cr.P.C., manifests that two conditions have been laid down for suspension of sentence i.e. where High Court is satisfied that a convicted person had been granted special leave to appeal by the Supreme Court of Pakistan and the other if High Court thinks fit that sentence or order appealed against be suspended. Faraz Shaukat v. The State and another PLD 2016 Lah. 408 and Talib Hussain v. The State PLD 2014 Lah. 564 rel. ORDER Ahmad Ali and Mst. Rehana alias Rukhsana alias Afsana Kausar (petitioners) have filed this petition under section 426(2-B) read with section 561-A, Cr.P.C. seeking for suspension of their sentence and consequential release on bail, pending disposal of their appeal before the Honble Supreme Court of Pakistan. 2. A resume of the relevant facts would reveal that both the petitioners were…

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