GUL KHITAB vs THE STATE
The petitioner filed a petition for leave to appeal against the judgment of the Peshawar High Court, which upheld his conviction and sentence under Section 9(c) of the Control of Narcotics Substances Act, 1997. The petitioner had been sentenced to life imprisonment and a fine of Rs. 500,000 by the trial court. Although the petitioner initially denied the charge, he subsequently confessed his guilt during the trial. Before the Supreme Court, the petitioner did not contest the conviction on merits but sought leniency regarding the sentence, specifically requesting the benefit of Section 382-B of the Code of Criminal Procedure 1898 and a reduction in the fine. The Supreme Court held that while the quantity of narcotics recovered justified the life imprisonment sentence, the fine was excessive. Consequently, the Court converted the petition into an appeal, maintained the conviction and sentence of life imprisonment, but reduced the fine to Rs. 100,000 and granted the petitioner the benefit of Section 382-B of the Code of Criminal Procedure 1898, stipulating that in default of payment, the appellant would undergo six months of simple imprisonment.
- Can the Supreme Court reduce a fine imposed under the Control of Narcotics Substances Act 1997 while maintaining the sentence of life imprisonment?
- Is a convict who confesses guilt during trial entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898?
- Does the failure to contest a conviction on merits preclude a court from reviewing the proportionality of the sentence imposed?
- Section 9(c), Control of Narcotics Substances Act 1997
- Section 342, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
' MUHAMMAD NAWAZ ABBASI, J:--- The petitioner was tried for the charge under section 9(c) of the Control of Narcotics Substances Act, 1997 by the Sessions Judge, Kohat and having been found guilty of the charge, was convicted and sentenced to imprisonment for life with fine of Rs,5,00,000 vide judgment dated 12-1.0-2001 and appeal filed by him against conviction and sentence awarded to him was dismissed by the Peshawar High Court, Peshawar vide impugned judgment.
2. The petitioner initially denied the charge but subsequently, during the recording of evidence by the trial Court, he confessed his guilt and again in his statement under section 342, Cr.P.C. Also admitted the commission of offence.
3. The learned counsel without contesting this petition on merits, has submitted that learned Judge in chamber in the High Court without considering the question of sentence, dismissed the appeal and so much so, the question regarding grant of benefit of section 382-B, Cr.P.C. Was not attended and submitted that reasonable reduction in fine with benefit of section 382-B Cr.P.C. Would meet the ends of justice. The learned counsel for the State has not been able to justify the withholding of benefit of section 382-B, Cr.P.C. To the petitioner or convince us that in the circumstances of the present case, the fine of Rs,5,00,000 was not excessive. The petitioner instead of contesting the charge confessed his I guilt with the expectation of leniency in the matter of sentence but we find that in view of the quantity of narcotics recovered from his possession, he could not be awarded sentence less than life imprisonment. However, the fine imposed upon the petitioner could be reduced to a reasonable extent and he would also be entitled to the benefit of section 382-B, Cr.P.C.
4. In view of the above, we without interfering in the conviction and sentence of life imprisonment awarded to the petitioner, deem it proper to reduce the fine of Rs,5,00,000 imposed upon him to Rs,100,000/- and also grant him the benefit of section 382-B, Cr.P.C. This petition is, therefore, converted into an appeal and stands disposed of with reduction of fine and grant of benefit of section 382-B, Cr.P.C. However, in default of payment of fine, the appellant will undergo S.I. For six months. This appeal with above modification in the judgment of High Court, is partly allowed.