Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)--- Possession of cannabis--- Reappraisal of evidence---Sentence, reduction in--- Sentence reduced to period already undergone---Contraband attributed by the prosecution to the accused-lady, being not in excess of 10-kg, brought her case out of the barriers of statutory sealing of lowest mandated sentence and, thus, for reasons valid and just, her plea for reduction of sentence could be entertained---Status of the accused as a hapless carrier of the cannabis had not seriously been controverted by the prosecution---No material/circumstance was found on record to view the accused or co-accused (since deceased) as being privy at the helm of the consignment; they seemed to be abandoned by those who ensnared them into the trap---According to the report submitted by the jail authorities, the accused, as on 23-10-2020, had served out a period well exceeding six years and was scheduled to be released on 18-12-2022---Substantial period of sentence already served out, and death of identically placed co-accused in the prison, were factors that taken into consideration together, cumulatively made out a case to reduce the sentence of accused to the period already undergone---With such modification in sentence, appeal was partially allowed (b) Administration of justice--- ----Criminal justice system---Purpose---Primary purpose behind the criminal justice system was to enable an offender to reform and rehabilitate him/herself to rejoin mainstream life to once again become a useful member thereof; purpose was not to wreak vengeance. ORDER QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- After strenuously highlighting flaws in various investigative steps, the learned counsel, nonetheless, does not press appellants conviction, concurrently held in order by the Courts below, albeit in reduction of sentence by the High Court and prays for further reduction of her sentence to the period already undergone with corresponding modification in the amount of fine. The appellant alongside co-accused Mst. Sughra was surprised in a public vehicle by an Excise contingent of Jacobabad Circle in the Province of Sindh with a cache of…

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