Law: Constitution of Pakistan, 1973

Section: 203F

Prohibition (Enforcement of Hadd) Order (4 of 1979)---ArtA--Constitution of Pakistan (1973), Art.203-F--Leave to appeal, grant of-­Enhancement of sentence in exceptional case deserving lighter sentence-­Petitioner convicted under Art.4 of Order 4 of 1979 was awarded 2 years' rigorous imprisonment with stripes and fine on account of his being first offender--Appellate Court enhanced sentence to 5 years--Leave to appeal granted to consider contention that Trial Court having held it to be an exceptional case, normal standard did not apply and that enhancement of sentence was not justified because Trial Court had given reasons why lighter sentence was imposed and Appellate Court, without considering those reasons, enhanced sentence merely on ground that it was much below normal standard.--[Sentence]. Mian Shakirullah Jan, Advocate-on-Record for Petitioner. Nemo for the State.. Date of hearing: 3rd August, 1988. ORDER NASIM HASAN SHAH, J.--The petitioner was tried under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 and sentenced to two years' rigorous imprisonment with ten stripes and a fine of Rs.500 or in default to further rigorous imprisonment for three months, for having in his possession 20 grams of heroin. While awarding this sentence the learned trial Judge (Sessions Judge, Kohat) noted:-- "The lenient view is taken in the matter because Gul Rehman is…

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