MUZAFFAR ALI vs THE STATE
The petitioner Muzaffar Ali sought suspension of his sentence of life imprisonment and fine imposed under Section 9(c) of the Control of Narcotic Substances Act, 1997, pending his Criminal Appeal No.130 of 1998 before the Lahore High Court. The primary grounds urged for suspension of sentence were the alleged lack of recovery during investigation, the trial court's failure to properly consider defence evidence, and the expiration of the statutory period for the disposal of the criminal appeal. The Lahore High Court held that a huge quantity of narcotics was allegedly recovered from the petitioner and that the contentions raised required a deeper appreciation of the evidence, which was not permissible at the suspension of sentence stage. Consequently, the court dismissed the petition for suspension of sentence.
- Whether sentence can be suspended on the ground that the statutory period for the disposal of a criminal appeal has expired?
- Does an alleged recovery of a huge quantity of narcotics preclude the suspension of sentence pending appeal?
- Is a deeper appreciation of evidence permissible at the stage of considering an application for suspension of sentence?
- Section 9, Control of Narcotic Substances Act 1997
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
ORDER
Criminal Miscellaneous No.1 of 2000 Petitioner Muzaffar A.I son of Muhammad Yousaf was tried by Special Judge, Vehari in case F.I.R. 90 of 1996, dated 16-5-1996 registered under section 9 of Control of Narcotic Substances Act, 1997, at Police Station Machiwal, District Vehari, who vide judgment dated 31-3-1998 convicted the petitioner under section 9(c) of the ibid Act and sentenced him to imprisonment for life and fine of Rs.50,000 or in default whereof to further undergo two years' R.I. Petitioner was also given benefit of section 382-B, Cr.P.C.
Petitioner has filed Criminal Appeal No.130 of 1998 challenging the abovesaid judgment which has not yet been decided. Through this petition, pray has been made for the suspension of sentence on the ground that nothing was recovered from the petitioner during the investigation of this case; defence evidence produced by the appellant was reliable and trustworthy, but the same was ignored by trial Court without any plausible reason; statutory period for the disposal of criminal appeal had expired and the petitioner had earned the right of bail. Learned counsel for the State had vehemently opposed the contentions raised by the learned counsel for the petitioner.
2. Heard. File perused,
3. Allegedly a huge quantity of Narcotics was recovered from the' petitioner. The grounds agitated for the suspension of sentence require deeper appreciation, which is not appropriate/permissible at this stage. Finding no force in this petition, same stands dismissed.