| Citation(s) |
|---|
| 2008 SLG 1646 2008 SLD 1646 2008 SCMR 660 |
Supreme Court of Pakistan
Cr.P.L.A. No.327 of 2007, decision dated: 23rd January, 2008.
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Muhammad Siddique Khan, D.P.G. Punjab for the State. A. D. Nasim, Special Prosecutor, A.N.F. for A.N.F
Cr.P.L.A. No.327 of 2007, decision dated: 23rd January, 2008.
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Muhammad Siddique Khan, D.P.G. Punjab for the State. A. D. Nasim, Special Prosecutor, A.N.F. for A.N.F
KHALID MEHMOOD BUTT and another
VS
THE STATE through Prosecutor-General, PUNJAB
Law:
Section:
Criminal Procedure Code (V of 1898)---S.426---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Suspension of sentence---Delay in deciding of appeal---Conflicting reports of Chemical Examiners---Accused were sentenced under S.9 (c) of Control of Narcotic Substances Act, 1997, by Trial Court and were sentenced to 14 years of imprisonment---Plea raised by accused for suspension of sentence was that they were in judicial custody since 21-3-2001 and there was no likelihood of their appeal being heard in near future---Accused further raised the plea that there were conflicting reports about the material recovered from them---Effect---Material sprinkled on the paper recovered was only 2% of the paper in case of brown with mild coating and 6 % in case of brown with white coating which if calculated would come to 5.6 and 16.8 grams only, which was quite a small amount---Report furnished by Pakistan Council of Scientific and Industrial Research revealed that, recovered material including coating material did not contain "heroin" and there were two conflicting reports---Supreme Court, in circumstances, converted petition for leave to appeal into appeal and suspended sentences awarded to accused---Appeal was allowed. ORDER CH. EJAZ YOUSAF, J.--- This petition for leave to appeal is directed against order, dated 18-9-2007 passed by a learned Division Bench of the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby Criminal Miscellaneous No.270-M of 2007 filed by the petitioners, for suspension of sentence of the petitioner during pendency of appeal, was rejected. 2. Briefly stated, facts of the case as gathered from the available record are that the petitioners were convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to undergo R.I. for 14 years along with a fine of Rs.1,00,000 each' or in default thereof to further undergo R.I. for one year each, in case F.I.R. No.136, dated 21-3-2001 registered, under sections 9(c), 14 and 15 of the C.N.S. Act, 1997, with Police Station Airport, Rawalpindi. 3. It would be pertinent to mention here that on 14-3-2001 a consignment, comprised of three cartons, containing knitting needles,…
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