Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Sentence, reduction in---Female accused of old age---First time offender---Continuous custody since day of arrest (17-4-2002)---Whether such mitigating circumstances deserved leniency---Scope---Allegation against the accused (appellant) was that she was apprehended while sitting in a vehicle, from which charas weighing about 85 kilograms was recovered---On the alleged pointation of the accused, further narcotic weighing about 5735 kilograms was recovered from the house of her husband---Trial Court convicted the accused under S. 9(c) of the Control of Narcotic Substances Act, 1997, and sentenced her to life imprisonment and a fine of Rs.300,000 and in default of payment of such fine to suffer further imprisonment of three years---Contentions of the accused were that she had no incriminating role in the commission of the crime and she was a victim of circumstances; that she was a first time offender; that she was 59 years of age and was a cardiac patient suffering from high blood pressure; that alleged recovery of narcotic was made from the house of her husband and no recovery was effected from her exclusive possession, and that it was her bad luck that she married her present husband (co-accused), only 10 months before the crime in question---Validity---Accused was an old lady who had remained in continuous custody since the day of her arrest (17-4-2002) and was also a first time offender---Accused deserved leniency---Conviction of the accused was maintained, her sentence was reduced from life imprisonment to 10 years imprisonment; her fine was reduced from Rs.300,000 to Rs.100,000 and in default of payment of such fine, further imprisonment was reduced from three years to one year -Appeal was dismissed, with said modifications. 2007 SCMR 1591; 2007 YLR 269 and 2005 PCr.LJ 1966 rel. 2010 YLR 97; 2010 MLD 71; 2009 YLR 640; PLD 2009 Pesh. 39; 2009 PCr.LJ 403 and 2008 YLR 2198 ref. THIS JUDGMENT DELIVERED BY: NISAR MUHAMMAD SHAIKH, JUSTICE:---.--- This Appeal is directed against the Judgment dated 26-11-2007 passed by learned Judge, Special…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492