Law: Control of Narcotics Substances Act, 1997

Section: 9(b)

Law: Criminal Procedure Code (V of 1898)

Section: 412

Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006

Section: 8(a)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(b)--Conviction and sentence--Challenge to--Recovery of charas--Allegation of--U/s. Section 412, Cr.P.C. after confession, a sentence could only be challenged ‘to extent or legality’--Period of imprisonment for one year and 9 months in case u/S. 9-B CNSA, 1997 was justified and Court have not found any illegality in impugned as such--Yet right of appeal granted u/S. 8 of Probation of offenders Ordinance, 1960 is obviously to assail any terms of probation that affects right of accused--This section is dealing with conviction one passed on merits and not on basis of confession; therefore, legal position would stand as incorporated u/S. 412 of Cr.P.C.; however, when appeal is barred, remedy of revision is available to affected person and in this case right to file revision against conviction passed on basis of confession would remain available; therefore, appellant can file, a revision petition instead of present appeal--However, High Court is not precluded to exercise revisional jurisdiction when sitting as a Court of appeal and can pass any incidental order except to enhance sentence--Same is legal position as set out in Section 8 of Ordinance under discussion--While sustaining conviction/ sentence of accused/ appellant, in light of above referred judicial precedents, we have no hesitation to hold that conviction recorded under Probation of Offenders Ordinance, 1960 shall not stand in way of all kinds of future prospects of petitioner, except for purpose of being dealt again under Ordinance ibid if he repeats offence--With these observations, instant appeal is dismissed. [Pp. 1222 1225] A, B F Criminal Procedure Code, 1898 (V of 1898)-- ----S. 412--Sentence--’To extent or legality’--U/s. 412, Cr.P.C. after confession, a sentence could only be challenged ‘to extent or legality’--Period of imprisonment for one year and 9 months in case u/S. 9-B CNSA, 1997 was justified and we have not found any illegality in impugned as such--Yet right of appeal granted under Section 8 of Probation of offenders Ordinance, 1960 is obviously to assail any terms of probation that affects right of accused.[P. 1222] A…

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