MUHAMMAD IQBAL alias BALI Versus State
This criminal petition for leave to appeal arose from the conviction of the petitioner under section 9(c) of the Control of Narcotic Substances Act, 1997, for the possession of 1100 grams of Charas. The petitioner was originally sentenced to seven years of rigorous imprisonment with a fine. After his appeal was dismissed by the Lahore High Court, he approached the Supreme Court. The core legal question concerned the appropriateness of the sentence imposed given the quantity of narcotics recovered and the duration of the petitioner's incarceration. The Supreme Court, noting that the petitioner had already served a significant portion of his sentence and considering the relatively small quantity of contraband involved, exercised its discretion to modify the sentence. The Court converted the petition into an appeal and partly allowed it, reducing the sentence from seven years to four years of rigorous imprisonment, while maintaining the fine. The judgment affirms the principle that appellate courts may exercise discretion to reduce sentences in narcotics cases based on the specific circumstances, such as the quantity of contraband and the period of pre-conviction detention already served.
- Can the Supreme Court reduce a sentence of imprisonment in a narcotics case based on the quantity of contraband recovered?
- Is it appropriate to reduce a sentence where the accused has already served a major portion of the substantive sentence?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
IJAZ-UL-HASSAN KHAN, J.--- Mr. Zafar Hussain Bhatti, Additional Sessions Judge, Chunian vide judgment dated 19-12-2006, convicted petitioner Muhammad Iqbal alias Bali, under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced him to suffer 7 years' R.I. with fine of Rs.10,000 or in default whereof to undergo six months' R.I. The benefit of section 382-B, Cr.P.C. was extended to him. The petitioner, filed Criminal Appeal No.38 of 2007 in the Lahore High Court, Lahore, which was dismissed vide judgment dated 12-9-2007. The petitioner, has filed instant Criminal Petition before this Court, seeking leave to appeal against aforesaid judgment/ order.
2. According to prosecution story contained in F.I.R., Muhammad Abbas, S.-I. while on routine patrolling at Al-Noor Colony Chunian on 30-11-2004 at 5-00 p.m. received authentic information that petitioner along with a lady would come to bus stand to board a bus for Zaheer Abad Colony, carrying narcotics with them. On the basis of above information Muhammad Abbas, S.-I. along with other police officials constituted a raiding party and held picket at road side. In the meanwhile, one person accompanied by a lady was seen heading towards bus stand. On seeing the police party, they started running, backward. The accused were chased. A shopper bag carried in right hand by the petitioner fell in the street. The petitioner and female accused managed to escape. The search of the bag led to recovery of `Charas' weighing 1100 grams. Resultantly, the present case was registered against the petitioner and female accused at Police Station Chunian District Kasur vide F.I.R. No.725 dated 30-11-2004.
3. Learned counsel, for the petitioner at the very outset, contended that he will not argue the case on merit and would request for modification in the sentence, already undergone by the petitioner.
4. The petitioner is in jail ever since his arrest on 28-3-2005. A meagre quantity of `Charas' weighing 1100 grams has been recovered from the bag carried by the petitioner and thrown in the street. Having regard to facts and circumstances of the case, we find that the petitioner has already served out a major portion of his substantive sentence, extending over 3 years.
5. In view of the above, this petition is converted into appeal and partly allowed. The sentence of the petitioner is reduced from 7 years' R.I. to 4 years' R.I. to meet the ends of justice. The sentence of fine or in default whereof, shall, however, remain intact. With the above modification, the appeal stands disposed of.
H.B.T./M-57/SC Order accordingl