Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Quantum of sentence--Recovery of charas was convicted for offence u/S. 9-C of Act of 1997 and sentenced to imprisonment for 4 years and 6 months R.I with fine of Rs. 20,000/-and in default to further undergo S.I. for 9 months for having charas and on account of having ICE. [P. 1479] A PLD 2009 Lahore 362. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Recovery of charas--Conviction and sentence--Challenge to--Modification in sentence--Section 8 prohibits trafficking or financing trafficking of narcotics drugs while Section 7 is with respect to import and export of narcotic drugs--Section 6 is in respect of prohibition of possession of narcotic drugs--In all three sections, nature of narcotics drugs has been mentioned as narcotic drugs, psychotropic substance and controlled substance--It is clear that for contravention of having possession of any type of narcotics drugs, punishment shall be cumulative as there is no distinction of kind of narcotics drugs but for all kinds punishment is to be inflicted as provided in Section 9 of Act of 1997--In view of legal position, consecutive punishments awarded to appellant are not legally sustainable as he had to be punished for recovery of 1330-Grams narcotics drugs in total and not separately for 1220 grams chars and ICE 110 grams respectively as Act of 1997 did not provide separate sentences for separate kind of narcotics drugs--While maintaining conviction u/S. 9 C of Act of 1997, appellant is sentenced to 4 years and 6 months R.I with fine of Rs. 20,000/-and in default to further undergo S.I. for 9 months--The benefit of Section 382-B, Cr.P.C. shall remain intact--Modification in sentence appeal was dismissed. [P. 1480] B C JUDGMENT Arbab Muhammad Tahir, J.--Through the instant criminal appeal under section 48 of the Control of Narcotic Substances Act, 1997 (“Act of 1997”), appellant (Gull Muhammad) impugns judgment dated 19.01.2022, passed by the learned Additional Sessions Judge/Judge Special Court, (CNS), Islamabad (West), whereby he was convicted under Section 9(C) of the Act of 1997, and sentenced to undergo 5 years and…

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