Law: Control of Narcotic Substances Act, 1997

Section: 9(A)(1)

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(A)(1)---Control of Narcotic Substances (Amendment) Act (XX of 2022), S.6---Possession and transportation of narcotics to---Remissions, entitlement--Accused sought that newly inserted S.9(A)1 in Control of Narcotic Substances Act, 1997 be declared as having no legal effect on the accused as he was charge sheeted under S.9(c) Control of Narcotic Substances Act, 1997 and special remission be awarded to him---Held, that undeniably convict was rounded up on 12.11.2020 in case FIR No.810/2020 dated 12.11.2020, under S.9(c) of Control of Narcotic Substances Act, 1997, and after having been sent to face trial, was indicted on 23.12.2020 and was convicted and sentenced on 10.05.2022---No denial to the fact that S.9(A)(1) was introduced by virtue of an amendment through the Control of Narcotic Substances (Amendment) Act, 2022 dated 06.09.2022---Amended Act was given no retrospective effect by the Legislature---It did not transpire therefrom that the rights available to an accused involved in a case falling within the purview of Control of Narcotic Substances Act, 1997, prior to the amendment made on06.09.2022, had been taken away in any manner whatsoever---Provisions of S.9(A) (1) of Amendment Act, 2022, from their bare reading were prospective in nature and same could not be given effect retrospectively by placing any sort of embargo on the right of a convict qua earning remissions who had been arrested, indicted and even convicted prior to insertion of S.9(A)(1) through Amendment Act, 2022--Convict was entitled to earn remissions albeit insertion of S.9(A)(1) in Control of Narcotic Substances Act, 1997, through Amendment Act, 2022---Petition was allowed accordingly.Shah Hussain v. The State PLD 2009 SC 460 and Nazar Hussain and another v. The State PLD 2010 SC 1021 ref.M. Aslam Mouvia v. Home Secretary and others PLD 2011 Lah. 323 rel.ORDERInstant is a petition that has been filed by Imran Mustafa (convict herein) under Article 199(1)(ii) of the Constitution of Islamic Republic of Pakistan 1973 (hereinafter referred to as the "Constitution") with the supplication that reads:" awfully implored that instant…

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