IFEANYI SAMSON vs THE STATE
This petition arose from a conviction under the Control of Narcotic Substances Act, 1997, where the petitioner, a foreign national, sought a reduction in his sentence. The trial court had sentenced him to six years' rigorous imprisonment, which the High Court subsequently reduced to four years. Before the Supreme Court, the petitioner did not challenge the conviction on its merits but requested a further reduction in sentence to facilitate his return to his home country. The core legal question was whether the foreign nationality of a convict and the prospect of deportation could justify a further reduction in sentence. The Supreme Court condoned a 100-day delay in filing due to the petitioner's foreign status and, while finding no merit on the facts, reduced the sentence to two years' rigorous imprisonment to advance the cause of justice and expedite his deportation. The key principle laid down is that a convict's status as a foreign national may be considered as a mitigating factor to reduce sentence length to facilitate deportation.
- Can the foreign nationality of a convict be considered a mitigating factor to justify a reduction in sentence for the purpose of deportation?
- Whether a delay in filing a petition can be condoned on the ground that the petitioner is a foreigner facing communication and logistical difficulties?
- Control of Narcotic Substances Act 1997
ORDER
' MUHAMMAD NAWAZ ABBASI, J.--- This petition is barred by 100 days. The explanation given for condonation of delay is that petitioner being a foreigner has not been able to arrange filing of this petition earlier and that delay was not intentional or deliberate rather it happened due to the circumstances beyond his control. Be that as it may, in view of the peculiar circumstances of the case, we condone the delay and decide this petition on merits.
2. The petitioner having faced trial before the Special Court established under C.N.S. Act, 1997, was convicted and sentenced to six years' R.I. With a fine of Rs,10,000 and in default of payment of fine to undergo S.I. For six months. In appeal his sentence was reduced by the High Court to four years'
R.I. By dismissing his appeal and maintained the fine awarded to him by the trial Court.
3. The learned counsel for the petitioner after arguing the case at some length without challenging the conviction on merits has submitted for further reduction in sentence to enable the petitioner to go back to his homeland.
4. Mr. Niaz Ahmed Rathore, learned Deputy Prosecutor-General, has submitted that a sufficient leniency has already been shown by the High Court in the matter of sentence. However, when he was pointed out that there will be no use to keep the petitioner, a foreigner, in jail for a longer period in Pakistan, he submitted that Court may in its discretion pass an appropriate order.
5. In the facts and circumstances of the case, we have not been able to find out any substance in this petition on merits. However, the petitioner is a foreigner and with a view to advance cause of justice, we deem it proper to reduce his sentence so that he can be deported to his native country as soon as possible. Consequently, the sentence of the petitioner is reduced to two years' R.I. With direction to pay the fine in terms of the judgment of the High Court.