Law: Control of Narcotic Substances Act, 1997

Section: 9(c),6/9(1) 3(c)

Law: Criminal Procedure Code (V of 1898)

Section: 382-B

Summary:

The appellant was convicted under the Federal Amendment Act, 2022 for possession of 1150 grams of charas and sentenced to 9 years imprisonment with a fine. However, the court found that since the arrest was made by Provincial Police in Sindh and not by a Federal Agency, the Sindh Amendment Act, 2021 applied, not the Federal Amendment Act, 2022. The court modified the conviction under section 9(c) of the Sindh Amendment Act, 2021, reducing the sentence from 9 to 4 years, while maintaining the fine and default sentence. The appellant was given the benefit of section 382-B, Cr.P.C, and the appeal was dismissed with the modified sentence.

Core Points:

• Appellant convicted under Federal Amendment Act, 2022, which was not applicable as arresting agency was Provincial Police.
• Sindh Amendment Act, 2021 governs the case, applicable to narcotics offences within Sindh.
• Federal Amendment Act, 2022 applies only to Federal Agencies.
• Possession of 1150 grams charas falls under section 9(c) of Sindh Amendment Act, 2021.
• Sentence reduced from 9 years to 4 years considering no prior record and borderline nature of case.
• Fine of Rs. 80,000 and default sentence of 1 month S.I. remain unchanged.
• Benefit of section 382-B, Cr.P.C extended to appellant.
• Appeal dismissed with conviction and sentence modification.

Law and Sections Table:

ORDER