Law: Control of Narcotics Substances Act, 1997

Section: 15

Law: Constitution of Pakistan, 1973

Section: 185

(a) Control of Narcotic Substances Act (XXV of 1997)---S. 15---Reappraisal of evidence---Accused had been involved on the spy information received by complainant and thereafter machinery of law was put in action---Trial Court convicted the accused under S.15, Control of Narcotic Substances Act, 1997 and sentenced him to 10 years' R.I. with fine of Rs.5 lac---High Court enhanced the sentence to imprisonment for life and fine was also enhanced to Rs. ten lac---Validity---High Court erred in enhancing the sentence of accused, especially when the documentary evidence had been totally misread by the court below in its true perspective which was an unproved document and without producing either scribe/sender or the recipient of the same---Supreme Court partly allowed the appeal, impugned of High Court was set aside and that of Trial Court was restored---Order of confiscation of property passed by the Trial Court in absentia, as at the relevant time accused was in jail and no opportunity of hearing was provided to him to substantiate his case, was also set aside. Per Ch. Ejaz Yousaf, J. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 15---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court---Maintainability---Accused was convicted by Special Judge and sentenced to undergo ten years' R.I. along with a fine of the Rs.5,00,000 or in default to further undergo six months' R.I.---High Court, on appeal, though maintained the conviction, yet sentence of imprisonment was enhanced from ten years to life imprisonment and amount of fine was also increased from Rs.5 lac to Rs.10 lac---Appeal before Supreme Court filed by the accused through his counsel whose Wakalatnama, as pointed out by the office, was available on record, yet record was silent as to whether the accused in pursuance of of the High Court had surrendered or was taken into custody---Maintainability of appeal to Supreme Court, was under jeopardy in circumstances. Karam Ellahi v. The State PLD 2007 SC 260 and Chan Shah v. The Crown PLD 1956 FC 43 ref. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 15 & 13---Reappraisal of evidence---Allegation/charge against the…

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