| Citation(s) |
|---|
| 2008 SLG 1815 2008 SLD 1815 2008 SCMR 1295 |
Supreme Court of Pakistan
Criminal Petition No.523-L of 2007, decision dated: 28-01-2008.(On appeal from the judgment, dated 2-10-2007 passed by the Lahore High Court, Lahore in C.M.A. No.2 of 2007 in Criminal Appeal No.591 of 2007)
MIAN HAMID FAROOQ AND SYED SAKHI HUSSAIN BOKHARI, JJ
N.A. Butt, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Ms. Yasmin Sehgal, D.P.G. for the State
Criminal Petition No.523-L of 2007, decision dated: 28-01-2008.(On appeal from the judgment, dated 2-10-2007 passed by the Lahore High Court, Lahore in C.M.A. No.2 of 2007 in Criminal Appeal No.591 of 2007)
MIAN HAMID FAROOQ AND SYED SAKHI HUSSAIN BOKHARI, JJ
N.A. Butt, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Ms. Yasmin Sehgal, D.P.G. for the State
ZAHEER-UDDIN alias JEER
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)---S. 426---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Constitution of Pakistan (1973), Art.185(3)---Suspension of sentence, refusal of---Trial Court, after regular trial observed that prosecution had proved its case beyond reasonable doubt---Deeper appreciation of evidence was not proper at that stage---Even otherwise huge quantity of Charas (12 Kgs. and 600 grams) and heroin (3 Kgs and 450 grams) was recovered from the petitioner---High Court, in circumstances had rightly rejected application of petitioner for suspension of sentence---In the absence of any illegality or infirmity in the order of the High Court, petition for leave to appeal was dismissed. ORDER SYED SAKHI HUSSAIN BOKHARI, J.--- Zaheer-ud-Din, petitioner, has filed this petition for leave to appeal against the order, dated 2-10-2007 passed by Lahore High Court, Lahore. 2. The brief facts of the case are that a case (F.I.R. No.252, dated 20-8-2002) was registered against the petitioner and after usual investigation he was challaned. He faced trial and learned trial Court convicted him under section 9(c) of the C.N.S.A., 1997 and sentenced to suffer imprisonment for life. Learned trial Court also directed him to pay Rs.1,00,000 as fine vide judgment, dated 14-4-2007. The petitioner filed appeal thereagainst and also…
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