| Case ID |
0369c179-29ed-43a6-857f-aed338107c30 |
| Body |
View case body. Login to View |
| Case Number |
Jail Petition No.243 of 2005 |
| Decision Date |
Apr 24, 2006 |
| Hearing Date |
|
| Decision |
The petitioner was convicted under section 9(c) of the Control of Narcotics Substances Act, 1997, and sentenced to life imprisonment along with a fine of Rs. 500,000. The appeal against this conviction was dismissed by the Peshawar High Court. The Supreme Court noted that the petitioner had confessed his guilt during the trial and again in his statement under section 342 of the Cr.P.C. The court found that due to the amount of narcotics involved, a sentence of life imprisonment could not be reduced. However, the fine was deemed excessive and was reduced to Rs. 100,000, with the provision that in case of default, the petitioner would undergo six months of simple imprisonment. The court also granted the petitioner the benefit of section 382-B of the Cr.P.C., which allows for certain concessions in sentencing. The petition was converted into an appeal and partly allowed with the reduction of the fine. |
| Summary |
In the case of Jail Petition No.243 of 2005, the Supreme Court of Pakistan addressed the conviction of Gul Khitab under the Control of Narcotics Substances Act, 1997. The petitioner confessed to the charges during the trial, leading to a life sentence and a fine. The appeal process revealed issues regarding the excessive fine imposed. The Supreme Court upheld the life sentence due to the serious nature of the crime but reduced the fine significantly, demonstrating a balance between justice and leniency. The decision also highlighted the application of section 382-B of the Cr.P.C. This case is significant in understanding the judicial approach towards narcotics offenses and the principles of sentencing. The ruling emphasizes the importance of confessions in criminal proceedings and the discretion exercised by courts in imposing fines. Keywords related to narcotics law, judicial discretion, and sentencing guidelines are pivotal in this context. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Raza Khan,
Muhammad Nawaz Abbasi
|
| Lawyers |
Niaz Ahmed Rathore,
M. Saeed Khan
|
| Petitioners |
Gul Khitab
|
| Respondents |
The State
|
| Citations |
2007 SLD 1517,
2007 SCMR 1905
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotic Substances Act (XXV of 1997),
Constitution of Pakistan (1973),
Code of Criminal Procedure (Cr.P.C.)
|
| Sections |
9(c),
185(3),
342,
382-B
|