Law:

Section:

(a) Control-of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Constitution of Pakistan (1973), Art.185(3)---Sentence---Accused being a foreigner was not a consideration for determining the quantum of sentence as the penal law of the country had to be applied with same rigor to everyone subjected to it, regardless of his nationality---Sentence had to be proportionate to the heroin powder in the form in which it was marketable, regardless of its composition---Accused had already been dealt with leniently by the Trial Court by sentencing him to ten years' R.I. under S. 9(c) of the Control of Narcotic Substances Act, 1997, which carried the maximum punishment of death---Leave to appeal was declined to accused accordingly. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Punishment---Sentence is to be proportionate to the heroin powder in the form in which it is marketable, regardless of its composition. Sahibzada Anwer Hameed, Advocate Supreme Court and Ch. Muhammad Hanif Zahid, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 13th July, 2005. JUDGMENT NASIR-UL-MULK, J.---The petitioner, a Nigerian citizen, and his fellow countryman, were convicted by the Judge Special Court, Control of Narcotic Substances, Lahore, on 29-12-2002, under section 9(c) of the Control of Narcotic Substances Act, 1997 (C.N.S.A). The petitioner, who had been found in possession of 3.5 kilograms heroin was sentenced to ten years rigorous imprisonment and a fine of Rs.2,00,000 in default whereof to further suffer one year simple imprisonment. From his co-accused, 500 grams of heroin was recovered and he was sentenced to three years rigorous imprisonment with a fine of Rs.50,000 in default of payment whereof to suffer six months simple imprisonment. The petitioner's co-accused neither challenged his conviction and sentence before the High Court nor before this Court. Though the petitioner had assailed his conviction and sentence before the Lahore High Court…

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