Law: Control of Narcotics Substances Act, 1997

Section: 9(c),15

Law: Pakistan Prisons Rules, 1978

Section: 216

Law: Constitution of Pakistan, 1973

Section: 25,199

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 15---Pakistan Prisons Rules, 1978, R. 216---Constitution of Pakistan, Arts.25 & 199---Constitutional petition---Remissions---Discrimination---Petitioner was convicted under Control of Narcotic Substances Act, 1997, and his grievance was that he was entitled to special remission under Rule 216 of Pakistan Prisons Rules, 1978---Validity---Policy of remissions formulated and issued by Punjab Government on 27-1-1993, did not offend any clause of the Constitution or any provision of law---Order passed by authorities declining special remissions to petitioner being convict/prisoner under Control of Narcotic Substances Act, 1997, did not suffer from any legal infirmity---Petition was dismissed in circumstances. Shah Hussain v. The State PLD 2009 SC 460 and Nazar Hussain and another v. The State PLD 2010 SC 1021 rel. ORDER ABDUS SATTAR ASGHAR, J.---Petitioner a convict/prisoner in case F.I.R. No.2 of 2003 under sections 9(c) and 15 of the Control of Narcotic Substances Act 1997 Police Station A.N.F. Faisalabad has invoked the constitutional jurisdiction of this Court to impugn the order dated 4-5-2011 issued by Government of the Punjab Home Department whereby he has been declined special remissions under Rule 216 of the Pakistan Prisons Rules 1978. 2. Parawise comments/report obtained from the Superintendent Central Jail Faisalabad (respondent No.4) reveals that petitioner was admitted in jail on 22-2-2003 in the above referred case and bailed out on 13-10-2004. He was re-admitted in the jail on 2-11-2004 as under trial prisoner and thereafter learned trial Court vide order dated 15-11-2005 convicted and sentenced him to imprisonment for life with fine of Rupees One Million and in default thereof to further undergo four years' R.I. Benefit of section 382-B, Cr.P.C. was also given to him. Report further reveals that petitioner has been awarded following remissions:-- Y M D (i) Ordinary Remissions 01 04 10 (ii) Annual Good Conduct Remission 00 05 15 (iii) Presidential Special Remission 06 07 00 (iv) Education Special Remission 02 10 00 Total Earned Remission 11 02 25 Probable date of release…

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