Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)---Ss. 6/9(c)---Criminal Procedure Code (V of 1898), S.103---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Recovery of 6 Kgs. Charas---Police officials as prosecution witnesses---Humanitarian grounds---Accused was convicted and sentenced to 10 years imprisonment by Trial Court but High Court keeping in view that the accused was a woman, reduced her sentence to 5 years imprisonment---Plea raised by the accused was that the prosecution did not produce any independent witness and only police officials were produced---Further plea raised by the accused was that she was a lady having five children and was on the family way---Validity---Police witnesses were as good as civilian witnesses unless it was established on record that police witness, who appeared against the accused, had personal motive/mala fides to involve him/her in the commission of offence---Accused failed to point out enmity with police, therefore, no case was made out---Supreme Court observed that in cases pertaining to offences of narcotics, the drug peddlers, to achieve their nefarious objects, had adopted obnoxious device by engaging womenfolk and children and through them crimes were being committed and ultimately mercy was sought against such accused on humanitarian grounds---Supreme Court directed that to curb such menace, Courts were required to award adequate punishment instead of showing sympathy on the ground of accused being woman or child, otherwise the actual accused involved in such heinous crime, which was against the society would be encouraged and carriers would also be freely available to promote the crime with the hope that after spending small period in the prison, they would be set at liberty despite of committing heinous crime of drug trafficking---Supreme Court declined to interfere with the sentence of 5 years imprisonment awarded by High Court---Leave to appeal was refused. Muhammad Naeem v. The State 1992 SCMR 1617 rel. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment, dated 14th July, 2003 passed by Lahore High Court, Lahore whereby Criminal…

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