| Citation(s) |
|---|
| 2025 SLG 5363 2025 SLD 5363 = 2025 LHC 7761 |
Crl. Appeal No.71008-J/2023
PRESENT; (Muhammad Tariq Nadeem) JUDGE (Farooq Haider) JUDGE
Date of hearing: 15.12.2025. Appellant by: Syed Zabeeh Haider, Advocate. State by: Mr. Haroon Rasheed, Deputy Prosecutor General along with Shehbaz, A.S.I.
Zeeshan Abbas alias Kaka
VS
The State
Law: Control of Narcotic Substances Act, 1997
Section: 9(1) 3(b),25,47
Law: Code Of Civil Procedure, 1908.
Section: 221(7) & 265-I,382-B
SUMMARY
The High Court partly allowed the criminal appeal by maintaining the appellant’s conviction for possession of 560 grams of charas under Section 9(1) 3(b) of the Control of Narcotic Substances Act, 1997, but reduced the sentence. The Court upheld the prosecution case as proved beyond doubt through a complete and unbroken chain of custody, credible police witnesses, and a positive PFSA report. However, it held that awarding the maximum punishment was illegal because the appellant’s alleged previous convictions were neither pleaded in the charge nor proved in accordance with Sections 221(7) and 265-I Cr.P.C. Applying the principle of proportionality, the sentence was reduced from nine years’ rigorous imprisonment to five and a half years with a reduced fine.
TAG LINE
Conviction upheld, maximum sentence set aside for want of charge of previous conviction; punishment reduced on proportionality.
ORDER;