Mst. HUSNA SAADAT vs THE STATE
Mst. Husna Saadat filed a jail petition challenging the judgment of the Lahore High Court maintaining her conviction under section 9 of the Control of Narcotic Substances Act, 1997, along with rigorous imprisonment for ten years and a fine. The petitioner was apprehended by police on 1-4-2001 with 9.5 kilograms of Charas. The Supreme Court of Pakistan examined the evidence, noting that the recovery was proven by prosecution witnesses and the Chemical Examiner's report. The Court found no reason to set aside the conviction. However, considering that the petitioner was merely a carrier and the substance involved was Charas rather than heroin or opium, the Supreme Court partially accepted the appeal regarding the sentence, reducing the rigorous imprisonment to eight years with a reduced fine of Rs. 1,00,000, and a default sentence of six months. The key principle laid down is that while proved narcotics possession warrants conviction, the status of the offender as a carrier and the nature of the contraband are relevant mitigating factors for sentence reduction.
- Whether the conviction under the Control of Narcotic Substances Act, 1997 can be maintained when recovery of contraband is supported by witnesses and a Chemical Examiner's report?
- Can the sentence of a convict be reduced on the ground that the accused acted merely as a carrier and the substance involved is Charas rather than heroin or opium?
- Section 9, Control of Narcotic Substances Act 1997
' SARDAR MUHAMMAD RAZA KHAN, J.--- Mst. Husna Saadat has filed this jail petition challenging the judgment, dated 24-2-2005 of a learned Division Bench of Lahore High Court, Rawalpindi Bench whereby her conviction under section 9 of the Control of Narcotic Substances Act, 1997 and rigorous imprisonment for ten years with a fine of Rs,2,00,000 (Rupees two lac only), was maintained.
2. The petitioner, on 1-4-2001 at 1830 hours was apprehended by police with 9.5 kilograms of Charas while she was crossing over to Motorway Bus Stop from G.T. Road Bus Stop within the limits of Motorway Chowk in Jhangi Syedan.
3. The prosecution has examined adequate number of witnesses to prove the recovery, which is further re-enforced by the physical apprehension of the lady on the spot. The report of Chemical Examiner establishes the material to be contraband Charas. We do not find any reasons at all to set aside the conviction but, with regard to the sentence, we feel persuaded to believe that the petitioner is a carrier and the material involved is neither heroin nor opium. To the extent of sentence, the petition after conversion into appeal is partially accepted and the petitioner's sentence is reduced to eight years' rigorous imprisonment with a fine of Rs,1,00,000 (Rupees one lac only) in the default of payment whereof she shall further suffer imprisonment for six months. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.