| Case ID |
0a7c183f-d76b-4c2f-844f-dbd217f5e0d9 |
| Body |
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| Case Number |
Criminal Appeal No.269 of 2009 |
| Decision Date |
Jan 04, 2010 |
| Hearing Date |
Jan 04, 2010 |
| Decision |
The Supreme Court granted leave to appeal to consider the quantum of sentence in a case involving substantial quantities of narcotics. The appellant was found in possession of 15.450 kilograms of Charas and 800 grams of Opium, leading to a conviction under Section 9(c) of the Control of Narcotic Substances Act, 1997. Initially sentenced to 25 years, the High Court modified this to life imprisonment, which is the minimum sentence for such an offense. The appeal was deemed time-barred due to a 600-day delay, which the appellant failed to substantiate adequately. Consequently, the appeal was dismissed, affirming the lower court's decision without any grounds for interference. |
| Summary |
In the landmark case of Criminal Appeal No. 269 of 2009, the Supreme Court of Pakistan addressed significant issues surrounding the Control of Narcotic Substances Act, 1997. The case revolved around the possession of narcotics, specifically Charas and Opium, seized from the appellant's vehicle. The court explored the legal ramifications of the appellant's actions, emphasizing the stringent penalties prescribed under Section 9(c) of the Act. The initial conviction was challenged on grounds of evidential contradictions and procedural neglect by the lower courts. However, the Supreme Court affirmed the life sentence, highlighting the necessity of upholding drug laws to deter narcotic offenses. The ruling reinforced the importance of timely appeals and the burden of proof on appellants seeking to condone delays. This case stands as a critical reference point for future narcotics-related litigations, demonstrating the judiciary's commitment to combating drug-related crimes. It serves as an essential resource for legal practitioners and scholars in understanding the implications of drug possession laws and the judicial process involved in appeals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Prosecutor-General Balochistan
|
| Judges |
MIAN SHAKIRULLAH,
JAN,
RAHMAT HUSSAIN,
JAFFERI,
TARIQ PARVEZ
|
| Lawyers |
M. Zaman Bhatti, Advocate Supreme Court for Appellant,
Raja Abdul Ghafoor, Advocate Supreme Court on behalf of Prosecutor-General Balochistan for the State
|
| Petitioners |
SAJID alias BABA
|
| Respondents |
THE STATE
|
| Citations |
2010 SLD 2760,
2010 SCMR 1007
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Constitution of Pakistan, 1973
|
| Sections |
9(c),
185(3)
|