Case Details

Citation(s)
1985 SLG 967 1985 SLD 967 1985 SCMR 1827
Supreme Court of Pakistan
Criminal Petition No. 150 of 1985, decision dated: 13-04-1985 (Against the judgment and order, dated 10-3-1985 of the Lahore High Court in Criminal Appeal No. 151 of 1985)
SHAFIUR RAHMAN AND M.S.B. QURAISHI, JJ

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MUHAMMAD SAEED

VS

. THE STATE--Respondent

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Criminal Procedure Code (V of 1898), S. 164--Drugs Act (XXX of 1976), Ss. 27(4) & 31(6)--Conviction on charge of keeping substandard drugs on plea of guilty by accused--Accused not only pleaded guilty but admitted that drugs recovered from him were substandard and declined to produce any evidence--Leave to appeal refused on ground that there was no reason why after complaint and appearance in Drug Court accused should remain unaware that he was making statement in Court in proceedings which might result in his conviction and sentence on his own plea of guilty. Ch. Muhammad Ashraf Azeem, Advocate Supreme Court assisted by S. Wajid Hussain, Advocate-on-Record (absent) for Petitioner. Nemo for the State. Date of hearing: 13th April, 1985. JUDGMENT SHAFIUR RAHMAN, J.--On a complaint filed by the Drug Inspector and on his own plea of guilty the petitioner was convicted under section 27 of the Drugs Act and sentenced to suffer rigorous imprisonment for one month and to pay a fine of Rs.5,000 or in default thereof to undergo simple imprisonment for a period of five months. He appealed against his conviction. The High Court dismissed it on 10-3-1985. Hence this petition seeking leave to appeal. The learned counsel for the petitioners submitted that in fact the petitioner had not confessed guilt; that the offence remained unproved and that whatever statement the petitioner made was not given with the awareness that he was making a statement before the Court due to the informality of the atmosphere and the premises where Drug Court was functioning. According to the…
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