MUHAMMAD AMIN and another vs THE STATE and another
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which declined to suspend the sentences of the petitioners, Muhammad Amin and Abdul Salam, who were convicted under sections 6 and 9(c) of the Control of Narcotic Substances Act, 1997. The core legal question was whether the petitioners were entitled to the suspension of their sentences and release on bail pending the final decision of their appeal, given the circumstances of the recovery of 56 kilograms of charas. The Supreme Court observed that the recovery was effected in the petitioners' absence at the instance of a co-accused, and noted significant discrepancies regarding the date, time, and place of the petitioners' arrest, as well as the physical layout of the recovery site. Consequently, the Court held that the case warranted a reappraisal of the evidence. The petition was converted into an appeal, the sentences of life imprisonment were suspended, and the petitioners were granted bail pending the final adjudication of the main appeal.
- Can a sentence of life imprisonment be suspended pending the final decision of an appeal when the recovery of narcotics is disputed?
- Does the absence of the accused during the recovery of narcotics and discrepancies in the site plan constitute grounds for the suspension of a sentence?
- Section 6, Control of Narcotic Substances Act 1997
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
' M. A. SHAHID SIDDIQUI, J.---The petitioners Muhammad Amin and Abdul Salam seek leave to appeal against the order dated. 23-2-2011 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No, 1 of 2011 declining to suspend the petitioners' sentences passed against them under sections 6 and 9(c) of the Control of Narcotic Substances Act, 1997 in case F.I.R. No, 23 of 2008 dated 13-1-2008 Police Station Rajana, District Toba Tek Singh.
2. The prosecution case in brief is that on 13-1-2008 one Muhammad Nadeem while in police custody in case F.I.R. No,22 of 2008 Police Station Rajana, District Toba Tek Singh led the police to the house of his maternal uncles Abdul Salam and Muhammad Amin petitioners situated near graveyard of Rajana and got recovered 56 kilograms of charas from underneath a cot lying in a residential room of their home. According to the F.I.R., both the petitioners on seeing the police party had managed to escape through another exit from the home.
3. It is not denied that the alleged recovery was made in the absence of the petitioners at the instance of Muhammad Nadeem. A perusal of the record shows that the date, time and place of arrest of the petitioners have not been, shown with certainty by the police. The site plan also does not show that the place of recovery had two exists. Considering it a fit case for reappraisal of the entire evidence, we convert this petition in an appeal and the same is hereby allowed. The sentence of life imprisonment awarded, to both the petitioners is ordered to be suspended till the final decision of the main appeal.
4. Both the appellants/accused are ordered to be released on bail subject to furnishing bail bonds in the sum of Rs,200,000 each with two sureties each in the like amount to the satisfaction of the Deputy Registrar, Judicial Lahore High Court, Lahore.