SHAHBAZ AFGHAN Versus STATE

ORDER

1. MUHAMMAD AFZAL ZULLAH, CJ. ‑‑‑A convict for an offence under section 4 of the Prohibition (Enforcement of Hadd) Order, 1979 with award of 5 years' R.I., whipping and fine has sought leave to appeal.

2. Recovery of 3‑1/2 Kgs. Charas, 2 Kgs. Opium and 500 grams heroin was made from him. Learned counsel for the petitioner has contended that the trial Court should have, granted him the benefit of section 382‑B of the Cr.P.C., secondly, that the Federal Shariat Court could grant the same relief; and lastly that the petitioner having undergone a conversion involving Tauba should be given due benefit by this Court. He has relied on section 9(5) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 which, as he agreed, has no application to the present offence or the offender; but the principle underlying the same can be applied in the appropriate cases under all laws dealing with the crime in so far as the present Constitutional and legal position for dispensation of criminal justice is concerned. We agreed with the learned counsel on the general proposition.

3. In so far as the legal implication of the last point made by him is concerned this principle can be applied unless prohibited by any law or principle having the force of law.

4. Coming to the merits of this case it cannot be ignored that the petitioner had committed a heinous crime. He was also awarded comparatively very heavy punishment by the trial Court but the Federal Shariat Court reduced it considerably. Therefore, the benefits sought by the learned counsel in pursuance of all the submissions made by him, in our view, have adequately been granted to him by the Federal Shariat Court as well as by the trial Court in not awarding him the maximum punishment regarding which there was nothing else as a hurdle.

5. In the light of the foregoing discussion no case has been made out for interference by this Court. Leave to appeal is refused.

6. A.A./S‑713/S Leave refused.