Law: Control of Narcotic Substances Act, 1997

Section: 9(1), 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 382-B

SUMMARY   The High Court of Sindh (Circuit Court, Hyderabad) allowed Criminal Appeal No. D-145/2022 by converting the trial court’s conviction under the post-amendment version of section 9(1) of the Control of Narcotic Substances Act, 1997 (as amended by the Control of Narcotics Substances (Amendment) Act, 2022) to conviction under the pre-amendment section 9(c) of the Act of 1997. The appellant was originally found with 2120 grams of charas on 14.08.2022 (before the 05.09.2022 amendment). Applying Article 12(b) of the Constitution (prohibiting retrospective punishment) and the sentencing policy in Ghulam Murtaza (PLD 2009 Lahore 362) as approved in Ameer Zaib (PLD 2012 SC 380), the court held the amended harsher penalties could not be applied retroactively and reduced the sentence accordingly. Accordingly, the court modified the sentence to rigorous imprisonment for 5 years and 6 months with a fine of Rs.25,000 (in default S.I. 5 months and 15 days), consistent with the established sentencing bracket for recovery of charas exceeding 2 kg but up to 3 kg under section 9(c) of the Act of 1997. The appellant was granted benefit of Section 382-B Cr.P.C. and credit for remission earned as an under-trial prisoner. J  U D G M E N T   ZAFAR AHMED RAJPUT, J-.  This Criminal Appeal is directed against the judgment dated 29.04.2022, passed in Special Case No.145 of 2022, arising out of Crime No.205 of 2022 registered under section 9 (c) of the Control of Narcotics Substances Act, 1997 (“the Act of 1997”) at P.S         A-Section Latifabad, Hyderabad, whereby the Special Judge Control of Narcotics Substances / Model Criminal Trial Court-II/IVth Additional Sessions Judge, Hyderabad convicted the appellant for the said offence and sentenced him to suffer R.I for nine (09) years being lesser punishment provided at serial No. 3(c) in the TABLE of section 9 (1) of the Act of 1997, as amended by the Control of Narcotics Substances (Amendment) Act, 2022 (“the Act of 2022”), promulgated on 05th September, 2022, and to pay fine of Rs. 30,000/- in default thereof, he shall undergo S.I for one…