Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 243

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), S.243---Possessing and trafficking narcotics---Revision petition seeking enhancement of sentence, dismissal of---Pleading guilty during trial---Effect---Award of lesser punishment by Trial Court---Scope---Accused persons (respondents) were arrested and found in possession of 10 kilograms of heroin, which they were trafficking through a vehicle---Before all the prosecution evidence was recorded by the Trial Court, accused persons submitted an application, wherein they pleaded guilty to the charge and stated that they belonged to poor families; that they remained unemployed despite attempts to find a lawful profession and due to these reasons, got involved in drug trafficking; that they had learnt their lesson in jail, and that due to their heinous activities, their families were suffering badly---Trial Court convicted accused persons under S. 9(c) of Control of Narcotic Substances Act, 1997 and sentenced each of them to 18 months imprisonment with a fine of Rs.30,000---Prosecution contended that it had proved the case against accused persons regarding recovery of huge quantity of heroin, but the Trial Court awarded them lesser punishment, which was contrary to the provisions of S.9(c) of Control of Narcotic Substances Act, 1997---Validity---Prosecution had not produced any reliable ocular or circumstantial evidence to establish the charge but it was the accused persons themselves, who submitted an application before the Trial Court, pleading guilty to the charge and placed themselves at the mercy of the court in respect of their sentences---Court always took a lenient view once a person pleaded guilty to the charge levelled against him---Trial Court had rightly taken a lenient view in respect of the sentences of accused persons, which was neither illegal nor contrary to the punishment provided in S.9(c) of Control of Narcotic Substances Act, 1997---Revision petition was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 243---Pleading guilty to the charge---Sentence, quantum of---Effect---Where a person involved in a criminal case…

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