ZAHEER-UD-DIN alias JEER vs THE STATE
This petition for leave to appeal was filed against an order of the Lahore High Court, which dismissed the petitioner's application for suspension of sentence pending appeal. The petitioner had been convicted by the trial court under Section 9(c) of the Control of Narcotic Substances Act, 1997, for the possession of a significant quantity of narcotics (12.6 kg of Charas and 3.45 kg of heroin), resulting in a sentence of life imprisonment and a fine of Rs. 100,000. The petitioner argued for suspension of sentence on the grounds that a court witness had not supported the prosecution's case. The Supreme Court rejected this contention, noting that the trial court had already concluded the prosecution proved its case beyond reasonable doubt after a regular trial. The Court held that deeper appreciation of evidence is inappropriate at the stage of suspension of sentence. Finding no illegality or infirmity in the High Court's order, the Supreme Court dismissed the petition and refused leave to appeal.
- Is a deeper appreciation of evidence permissible at the stage of an application for suspension of sentence?
- Does the failure of a court witness to support the prosecution version automatically entitle a convict to suspension of sentence?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
' SYED SAKHI HUSSAIN BOKHARI, J.--- Zaheer-ud-Din, petitioner, has filed this petition for leave to appeal against the order, dated 2-10-2007 passed by Lahore High Court, Lahore.
2. The brief facts of the case are that a case (F.I.R. No,252, dated 20-8-2002) was registered against the petitioner and after usual investigation he was challaned. He faced trial and learned trial Court convicted him under section 9(c) of the C.N.S.A., 1997 and sentenced to suffer imprisonment for life.
Learned trial Court also directed him to pay Rs,1,00,000 as fine vide judgment, dated 14-4-2007. The petitioner filed appeal thereagainst and also filed application for suspension of sentence which was dismissed vide order, 2-10-2007. Hence this petition for leave to appeal.
3. We have heard the learned counsel for the parties and perused the record. As stated earlier petitioner was convicted under section 9(c) of the C.N.S.A., 1997 and sentenced to suffer imprisonment for life and to pay Rs,1,00,000 as fine. The case of petitioner is that Abdul Naeem (C.W.1) has not supported prosecution version, therefore, it is a fit case for suspension of sentence.
This contention of petitioner is devoid of force because after regular trial the trial Court observed that prosecution has proved its case beyond reasonable doubt. Moreover deeper appreciation of evidence is not proper at this stage. Even otherwise huge quantity of Charas (12 Kgs. And 600 grams) and heroin (3 Kgs and 450 grams) was recovered from him. So in the circumstances of the case, we find that learned High Court has rightly rejected his application for suspension of sentence and there is no illegality or infirmity in the same is dismissed and leave to appeal is accordingly refused.