Criminal Revision Application No.232 of 2012
Date Order with signature of the Judge
For Katcha Peshi.
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Mr. Shafique Ahmed, Special Prosecutor ANF.
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Learned Special Prosecutor ANF contends that upon recovery of 1200 grams, 1100 grams and 450 grams of heroin powder from the accused Muhammad Javed, Yasir Jameel and Javed respectively they were tried by the CNS Court for an offence under Section 9(c) of the Control of Narcotic Substances Act, 1997 and after they pleaded guilty were convicted and sentenced to suffer imprisonment for the period already undergone.
However, the judgment/order does not describe the period of sentence awarded to them as required under Section 367, Cr.P.C. However, the Special Prosecutor says that they had served only four months and the alleged offence carries capital punishment. Perusal of the record reflects that the judgment/order neither fulfill the legal requirement in terms of the Code of Criminal Procedure nor it appears to be the honest dispensation, as it neither provides quantity of heroin powder recovered nor sentence awarded or the period which the accused persons have undergone. Let a copy of this order be placed before the Hon’ble Chief Justice for initiating disciplinary proceedings against the Presiding Officer, if deemed appropriate. Notices be issued to the respondents for 27.02.2013 through concerned SHO of ANF and R&Ps be summoned forthwith.
JUDGE
JUDGE