Criminal Revision Application No.229 of 2012

 

Date                                       Order with signature of the Judge

 

For Katcha Peshi.

(Mr. Makhdoom Ather Saleem Advocate

filed his power on behalf of respondent No.2)

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17th May 2013

Mr. Muhammad Irfan, Special Prosecutor for ANF/Applicant.

Respondent No.2 Rashid Ali present in person.

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O R D E R

Sajjad Ali Shah, J : -   Mr. Muhammad Tariq, Advocate has effected appearance and files power on behalf of the respondent No.2, which is taken on record.

                        Since the only question in the instant revision application is appropriateness of the sentence and we are of the view that the sentence handed down by the CNS Court is not in accordance with Section 9(b) of the Control of Narcotic Substances Act, 1997 (hereinafter referred to as “Act 1997”), therefore, we admit this revision application. Both the learned counsel say that since short point is involved, same be decided.

                        It appears that upon recovery of 770 grams of heroin powder in the shape of 96 capsules from the stomach of respondent No.2 he was arrested in Crime No.05/2012 under Sections 6/9(b) of Act 1997 by Police Station ANF-II and upon his pleading guilty was convicted under Section 6/9(b) of Act 1997 and was sentenced to Rigorous Imprisonment (R.I) for a term of two and a half months, whereas Act 1997 for an offence under section 6/9(b) provides sentence upto seven years and consequently the sentence appears to be highly inappropriate.

                        However, both the learned counsel say that the sentence can be enhanced in terms of judgment of the Lahore High Court in the case of Ghulam Murtaza and another vs. The State (PLD 2009 Lahore 362) which provides sentence of R.I. for one year and ten months and fine of Rs.15,000/- and in default SI for five months in cases where recovery of narcotic substances (heroin) exceeded 600 grams, but not more than one kilogram and the said judgment of the Lahore High Court was upheld by the Hon’ble Supreme Court of Pakistan in the case of Ameer Zaib vs. The State (PLD 2012 SC 380).

Since the plea of guilt is not disputed, therefore, we while accepting this revision application would enhance the sentence to one year and ten months and fine of Rs.15,000/- and in default SI for five months, however, benefit of Section 382-B, Cr.P.C. would be allowed to the respondent No.2.

This Criminal Revision Application stands disposed of accordingly.        

 

 

JUDGE

 

 

 

JUDGE