ABDUL SATTAR vs The STATE
This criminal appeal before the Supreme Court of Pakistan arises from the conviction of the appellant for possessing a large quantity of charas. The core legal question concerned the determination of the correct weight of the narcotics to be considered for sentencing when multiple packets are recovered and only a single consolidated sample is sent for chemical analysis. The Court held, following the precedent in Ameer Zeb v. The State, that only the weight of the single packet from which the sample was drawn can be considered for the appellant's conviction and sentence. Consequently, the appeal was partly allowed; the conviction under section 9(c) of the Control of Narcotic Substances Act, 1997 was maintained, but the sentence was reduced accordingly, with the benefit of section 382-B of the Code of Criminal Procedure, 1898 extended to the appellant.
- What weight of recovered narcotics can be considered for conviction and sentencing when multiple packets are seized and only a single consolidated sample is sent for chemical analysis?
- Whether the conviction under section 9(c) of the Control of Narcotic Substances Act, 1997 can be maintained while reducing the sentence based on the weight of the analyzed sample?
- Is the benefit of section 382-B of the Code of Criminal Procedure 1898 applicable when a criminal appeal regarding narcotics possession is partly allowed?
- Section 9(c), Control of Narcotic Substances Act, 1997
- Section 382-B, Code of Criminal Procedure 1898
' ASIF SAEED KHAN KHOSA, J.---The facts of this case as well as the evidence produced before the trial court find an elaborate mention in the judgments passed by the courts below and, therefore, the same may not be reproduced here so as to avoid duplication and unnecessary repetition.
2. According to the prosecution Abdul Sattar appellant was apprehended while in possession of charas weighting 42 kilograms which was contained in 21 separate packets and the weight of every packet was two kilograms. The FIR as well as the report of the Chemical Examiner confirm the fact that out of the recovered substance only one consolidated sample weighing 84 grams had been separated for chemical analysis. In view of the law declared by this Court in the case of Ameer Zeb v. The State (PLD 2012 SC 380) the weight of only one packet, i,e, two kilograms of charas could have been considered for the purposes of the appellant's conviction and sentence. This appeal is, therefore, partly allowed, the conviction of the appellant for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 is maintained but his sentence is reduced to rigorous imprisonment for four years and six months and a fine of Rs. 20,000/- (Rupees twenty thousand only) or in default of payment thereof to undergo simple imprisonment for five months.
The benefit under section 382-B, Cr.P.C. Shall be extended to the appellant. This appeal is disposed of in these terms. 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.
Cited by 6 cases
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- Tariq Mehmood etc vs State 2017 PHC 846
- SHAHZAD Versus State 2017 YLRN 165