Crl. Revision Application No.243 of 2012
Date Order with signature of the Judge
For Katcha Peshi.
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Mr. Habib Ahmed, Special Prosecutor ANF.
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Learned Special Prosecutor ANF contends that upon recovery of 2145 grams of heroin powder, the respondent/accused was tried for an offence under Section 6/9(c) of the Control of Narcotic Substances Act, 1997 and on his plea of guilt was convicted and sentenced to suffer R.I. for the term he has already undergone. Per Prosecutor, the order does not determine the period of sentence as provided under the law nor it is evident from the perusal of the order that as to how much sentence was awarded to the appellant. However, the record reflects that he was arrested on 23.08.2011 and the judgment was announced on 11.5.2012, therefore, the sentence at the most could be of eight months for an offence which contains capital punishment. We have noticed with great concern in almost a dozen of cases that the Presiding Officer of Special Court CNS-I has made mockery of the law and is passing orders in a Royal manner unbecoming of a judicial officer by misusing his position and releasing drug paddler or awarding short sentences in offences which carry capital punishment. In the instant case the respondent/accused has admitted his guilt of being caught with 2145 grams of heroin powder and the law in the circumstances, provides minimum punishment of 14 years. Even the much discussed judgment in the case of Ghulam Murtaza and another Vs. The State (PLD 2009 Lahore 362) Lahore High Court lays that in the circumstances, minimum punishment should be 7 years and fine of Rs.50,000/-.
Let bailable warrants in the sum of Rs.50,000/- be issued against respondent/accused for 13-03.2013 through concerned Police Station of ANF. MIT-I to place a copy of this order before the Hon’ble Chief Justice for orders as deemed fit.
JUDGE
JUDGE