Case Details

Citation(s)
2011 SLG 2152 2011 SLD 2152 2011 SCMR 1034
Supreme Court of Pakistan
Criminal Appeal No. 359 of 2009, decision dated: 14-01-2010
MIAN SHAKIRULLAH, JAN, REHMAT HUSSAIN, JAFFERI AND TARIQ PARVEZ, JJ

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SANJHA

VS

. THE STATE

Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotics---Appraisal of evidence---Sentence, reduction in---Accused had been rightly found guilty for the recovery of ten kilograms "Charas" from his possession---Conviction of accused was consequently maintained-However, accused was more than 80 years old and he had remained in jail for about 4/5 years---Sentence of imprisonment for life awarded to accused was reduced to the imprisonment already undergone by him with reduction in fine in circumstances. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Syed Ali Imran, D.P.G., Punjab for the State. ORDER MIAN SHAKIRULLAH JAN, J.---The appellant after having been found guilty under section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter to be referred as "the Act") for the recovery of 10 kgs. Charas from his possession was convicted and sentenced to life imprisonment and with a fine of Rs. 200,000 or in default thereof to further undergo 6 months' S.I. The appeal of the appellant was also dismissed by the High Court, he still felt aggrieved filed the instant appeal with the leave of the Court. 2. The learned counsel for the appellant has argued that the prosecution has failed to produce the credible evidence against the appellant and the case against him has not been proved beyond reasonable doubt. On the other hand learned Deputy Prosecutor-General has opposed the contention of the appellant's counsel and contended that the recovery has been made from his possession and sufficient evidence has been produced by the prosecution to bring home guilt to the appellant and he was rightly convicted and sentenced.…
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