KHAYBER ALI vs THE STATE
This matter concerns an application filed under Section 561-A of the Code of Criminal Procedure 1898, seeking rectification of a sentencing order regarding a conviction under the Control of Narcotic Substances Act 1997. The applicant had been convicted and sentenced to life imprisonment and a fine of Rs. 1,000,000, but the trial court failed to specify the term of imprisonment in default of payment of the fine. A subsequent appellate judgment maintained the conviction but reduced the sentence to the period already undergone, yet similarly failed to address the fine or the default imprisonment term. The core legal question was whether the High Court could exercise its inherent powers to rectify this omission. The Court held that the omission was of a clerical nature and, invoking its inherent jurisdiction under Section 561-A, Cr.P.C., rectified the sentencing order. The Court reduced the fine to Rs. 25,000 and stipulated that in default of payment, the applicant shall undergo two months of simple imprisonment, thereby ensuring the ends of justice were met.
- Can the High Court exercise its inherent powers under Section 561-A of the Code of Criminal Procedure 1898 to rectify a clerical omission regarding a sentence in default of payment of a fine?
- Does the High Court have the authority to reduce a fine imposed under the Control of Narcotic Substances Act 1997 when exercising its inherent powers to correct a sentencing error?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 561-A, Code of Criminal Procedure 1898
ORDER
' MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.--- applicant was convicted vide judgment dated 26-10- 1996, passed by the learned Special Judge, Okara, under section 9(c) of Control of Narcotic Substances Act, 1997, and was sentenced to imprisonment for life and fine of Rs,10,00,000. In the judgment, there was no mention of period of imprisonment that the applicant was to suffer in case of default of payment of fine Rs,10,00,000.
2. This conviction was challenged in this Court through Criminal Appeal No,133/J of 2000, in which a Division Bench of this Court, vide judgment, dated 23-6-2004, maintained the conviction but reduced the sentence to the period to which the applicant had already undergone, however, no order was passed in respect of the fine or to the period of imprisonment in lieu thereof. The applicant moved an application before the Honourable Chief Justice of Pakistan for the redressal of his grievance, which has been sent to this Court for examination and disposal. Accordingly this application is being treated under section 561-A, Cr.P.C. In Criminal Appeal No,133/J of 2006.
3. We have heard the learned Assistant Advocate-General and perused the record.
4. Perusal of the file reveals that earlier an application (Criminal Miscellaneous No,173/M of 2005) was filed by the petitioner for remission of fine, but it was withdrawn on 22-2-2006. However, the present grievance of the petitioner was not brought to our notice at that time. We have found that the learned trial Court did not fix any period of sentence in default of payment of fine Rs, 10, 00,000.
Similarly, no such order was passed by this Court in Criminal Appeal No,133/J of 2000. The omission appears to be more of clerical nature and under section 561-A, Cr.P.C. While exercising inherent powers, this Court can rectify such an omission. Accordingly, we feel that ends of justice would meet if the fine is reduced considerably and fix the sentence in lieu of default in the payment of this fine.
5. Under the circumstances, the fine payable by the applicant is reduced from Rs,10,00,000 to'
Rs,25,000 and in default of payment of fine shall undergo two months' S.I. Except for this addition, the judgment, dated 23-6-2004 of this Court shall remain unaltered. This order will take effect from the date of the judgment. C.M. Disposed of.