Supreme Court of PakistaniPARA DIN and others vs The STATE
This criminal appeal before the Supreme Court of Pakistan concerns the conviction of two appellants, Para Din and Jillani, for narcotics possession. Regarding the first appellant, Para Din, the Court received official confirmation that he had already served his full sentence and been released from prison; consequently, his appeal was dismissed as infructuous. Regarding the second appellant, Jillani, the core legal question concerned the proper method of weighing narcotics for sentencing purposes when multiple packets are recovered. The prosecution had consolidated samples from a large quantity of charas, rather than weighing individual packets. Relying on the precedent established in Ameer Zeb v. The State (PLD 2012 SC 380), the Court held that only the weight of the specific packets sampled could be attributed to the accused for conviction and sentencing purposes. Applying this principle, the Court maintained the conviction under the Control of Narcotic Substances Act, 1997, but significantly reduced the appellant's sentence to four years and six months rigorous imprisonment, along with a fine, while granting the benefit of Section 382-B of the Code of Criminal Procedure 1898.
- Does an appeal become infructuous if the appellant has already served the full sentence?
- How should the weight of narcotics be calculated for sentencing when multiple packets are recovered?
- Is the benefit of Section 382-B of the Code of Criminal Procedure 1898 applicable to narcotics convictions?
- 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. A report has been received from the Superintendent, Central Prisons, Mach informing that Para Din appellant has already been released from the jail on 26-6-2012 after completely serving out his sentence. This appeal is, therefore, dismissed as having become infructuous to the extent of Para Din appellant.
3. As regards Jillani appellant we note that according to the prosecution recovery in this case had been made in respect of charas khan weighing 162 kilograms contained in 162 packets weighing one kilogram each and characterizing 34 kilograms contained in 34 packets weighing one kilogram each and after the said recoveries one consolidated sample of 100 grams was separated from all the packets containing charas pukhta and one consolidated sample weighing 50 grams had been separated from the packets containing charas kham. According to the law declared by this Court in the case of Ameer Zeb V. The State (PLD 2012 SC 380) the weight of two packets, i.e. Two kilograms of charascould have been considered against Jillani appellant for the purposes of his conviction and sentence. This appeal is, therefore, partly allowed to the extent of Jillani appellant, his conviction 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.
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