Law:

Section:

(a) Control of Narcotic Substances Ordinance (XCIV of 1996)--- ---S.9---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to accused to consider whether any benefit of the change of law made during the pendency of appeal before the High Court prescribing lesser punishment could be given to him and whether compliance of the provisions of S.103, Cr.P.C. was necessary in the case. (b) Control of Narcotic Substances Ordinance (XCIV of 1996)--- ----S.9---Appreciation of evidence---Accused in a criminal case could be awarded punishment as prescribed under the law in force when the offence was committed, for repeal of such law would not affect the legal proceedings already commenced under the repealed law which would be decided and punishment awarded as prescribed under the said law--­Recovery in the case was not made from any building or vehicle but from the person of the accused---Record did not even indirectly suggest that the huge quantity of heroin weighing one K.G. was falsely planted on the accused or that the police officials had falsely involved him in the case---Non-joining of the persons from the locality in the recovery proceedings, therefore, had not in any manner adversely affected the prosecution case against the accused- --Findings of the Courts below', were not based on any illegality---Appeal was dismissed accordingly. Muhammad Arshad v. The State 1999 P.Cr.R. 438; Hafiz Muhammad Abdullah v. Imdad Ali Shah and another ,1972 SCMR 173; The Province of East Pakistan v. Muhammad Hossain Mia PLD 1§65 SC 1 and Mushtaq Ahmad v. The State PLD 1996 SC 574 ref. JUDGMENT MUNIR A. SHEIKH, J.---This appeal by leave of the Court is directed against the judgment, dated 21-2-1999 of the Lahore High Court, Lahore through which the appeal filed by the appellant against his conviction under section 9 of the Control of' Narcotic Substances Ordinance, 1996 and sentence of life imprisonment recorded and awarded by the trial Court through judgment, dated 16-10-1996, has been dismissed. 2. Leave was granted to consider whether any benefit of the change of law made during the pendency Of the appeal before the High Court prescribing lesser punishment…

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