Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--------Ss. 9(c) & 19---Penal Code (XLV of 1860), S.75---Criminal Procedure Code (V of 1898), S.511---Constitution of Pakistan (1973), Art.185(3)---Court while convicting and sentencing the accused under S.75, P.P.C. was obliged to set out in its the particulars of each previous conviction relied upon for awarding sentence---Prosecution, in the present case, had failed to prove that accused was a previous convict of an offence falling within the provisions of Chapters XII and XVII, P.P.C., and as such he could not be convicted under S.75, P.P.C.---Mode to prove previous convictions as required under S.511, Cr.P.C. also had not been applied property; whereunder it was mandatory to produce a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was inflicted or to produce the warrant of commitment under which the punishment was suffered---For violation of the said mode, conviction and sentence of accused under S.75, P.P.C. was not sustainable in law and was set aside accordingly---Prosecution having failed to produce any cogent evidence regarding attainment of assets through trafficking in narcotic substances, sentence of forfeiture of assets of accused under S.19 of the Control of Narcotic Substances Act, 1997, was also set aside---Conviction and sentence of accused under S.9(c) of the said Act having not been challenged was maintained---Petition for leave to appeal after having been converted into appeal was partly allowed in circumstances. JUDGMENT ABDUL HAMEED DOGAR, J.---Through this jail petition, petitioner Iqbal Khan seeks leave to appeal against the judgment dated 27-1-2006 passed by a learned Division Bench of Peshawar High Court Peshawar, whereby, Criminal Appeal No.533/2005 filed by him was dismissed and the conviction and sentence awarded by the trial Court was maintained. 2. Briefly stated, the facts of the case of the prosecution are that on receipt of complaints that petitioner deals in narcotics business a raiding party consisting of Rashid Gul S.H.O, lady constable Mst. Mumtaz Begum and others was constituted under the supervision of A.S.P. Kohat,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492