Case Details

Citation(s)
2012 SLG 1445 2012 SLD 1445 2012 SCMR 567
Supreme Court of Pakistan
Jail Petition No.599 of 2009, decision dated: 11-05-2010
RAJA FAYYAZ AHMED AND TARIQ PARVEZ, JJ

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GUL BADSHAH

VS

THE STATE

Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Constitution of Pakistan, Art. 185(3)---Narcotics, recovery of--- Quantum of sentence--- Leave to appeal was granted by Supreme Court to consider; whether quantum of sentence was appropriate punishment awarded to accused or he could have been punished to imprisonment for life having the effect of deterrence as well. Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner Syed Ali Imran, D.P.-G. for the State. Date of hearing: 11th May, 2010. ORDER RAJA FAYYAZ AHMED, J.---A huge quantity 171 Kilograms of Charas, 70 Kilograms of opium and 3 Kilograms of Heroin was recovered from the truck loaded with bricks being driven by the petitioner from the secret cavities of the vehicle. After trial, the learned Additional Sessions Judge/Special Judge CNS, Taxila, District Rawalpindi found the petitioner guilty on the charge and was sentenced to death. The record and proceedings of the case were transmitted to the learned Lahore High Court, Rawalpindi Bench for confirmation of the death sentence. The petitioner was further directed to pay a fine of Rs.1,00,000 or in default thereof to further undergo RI for one year. He also challenged his conviction and sentence by filing Criminal Appeal No.135 of 2006. Vide impugned judgment, the conviction and sentence awarded to the petitioner has been maintained and the sentence of death confirmed. In consequence, the Murder Reference was answered in affirmative. Resultantly,…
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