Law: Control of Narcotic Substances Act, 1997

Section: 9(1)(c)

Summary The appellant was convicted for possessing 1500 grams of charas under the Control of Narcotic Substances Act, 1997. However, the trial court awarded a sentence (4 years 6 months + fine of Rs.20,000) that was below the mandatory minimum prescribed by the amended law (2022). The appellate court held that after the 2022 amendment, sentencing is no longer discretionary and must comply with fixed statutory minimums. Since the sentence violated the law, the judgment was set aside and the case was remanded to the trial court for re-writing of the sentence in accordance with law. Tagline “Courts must strictly follow mandatory minimum sentencing under amended CNSA; discretionary sentencing principles cannot override statute.” ORDER; Farooq Haider, J. :- This appeal has been filed by Muhammad Imran alias Bao (appellant) through jail authorities against the judgment dated: 02.04.2024 passed by learned Additional Sessions Judge/Judge Special Court CNS, Faisalabad/trial court whereby in case arising out of F.I.R. No.2174/2023 dated: 27.10.2023 registered under Section: 9(1)3(c) of the Control of Narcotic Substances Act, 1997 at Police Station: Batala Colony, District: Faisalabad, trial court has convicted and sentenced the appellant as under:- under Section: 9(i)3(c) of the Control of Narcotic Substances Act, 1997 to Rigorous Imprisonment for four years and six months with fine of Rs.20,000/- and in default thereof to further undergo Simple Imprisonment for 05-months. Benefit of Section 382-B Cr.P.C. was also extended to the appellant. 2.Briefly, as per case of prosecution narrated in the written statement/ استغاثہ (Exh.PB) sent by Tariq Hussain, A.S.I. (complainant/PW-2), appellant was apprehended as suspect by the complainant and other police officials and on his personal search, from black coloured shopper caught by him in his right hand charas was recovered from his possession; on weighing, same was found 1500- grams; out of the recovered charas, with the ratio of 5%, 75-grams charas was separated as sample for chemical analysis; sample and remaining case property of charas were secured into separate sealed parcels with the stamp of…