| Case ID |
15e16efb-c238-44b7-88ee-0a2baf058731 |
| Body |
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| Case Number |
W.P. No. 16629 of 2023 |
| Decision Date |
Nov 21, 2023 |
| Hearing Date |
Nov 21, 2023 |
| Decision |
The Lahore High Court, Multan Bench, ruled in favor of the petitioner, Imran Mustafa, allowing his petition under Article 199 of the Constitution. The court found that the provisions of Section 9(A)(1) of the Control of Narcotic Substances Act, 1997, introduced by the Amendment Act, 2022, do not have retrospective effect. Consequently, the petitioner is entitled to earn remissions for his sentence despite the amendments made after his conviction. The court directed the relevant authorities to grant the petitioner the remissions he has earned since his arrest on 12.11.2020. |
| Summary |
In the case of Imran Mustafa versus Government of Punjab, the Lahore High Court addressed the implications of the newly inserted Section 9(A)(1) of the Control of Narcotic Substances Act, 1997, which was amended in 2022. The petitioner, convicted under Section 9(C) of the Act, argued that the amendment should not apply retrospectively to his case. The court's decision emphasized the principle that legislative changes should not infringe upon rights acquired under previous laws. The ruling reinforces the importance of ensuring that individuals retain their rights to remissions earned prior to the amendment. This case highlights the balance between legislative intent and individual rights, particularly in the context of criminal law and sentencing. Legal practitioners should take note of this precedent as it may influence future cases involving amendments to laws affecting convicts' rights. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Dr. Qadeer Alam,
Kizar Abbas,
Mr. Muhammad Usman Sharif Khosa,
Miss Samina Mahmood Rana,
Mr. Muhammad Ali Shahab
|
| Judges |
Sardar Muhammad Sarfraz Dogar,
Shakil Ahmad
|
| Lawyers |
Mr. Muhammad Usman Sharif Khosa,
Miss Samina Mahmood Rana,
Mr. Muhammad Ali Shahab
|
| Petitioners |
IMRAN MUSTAFA
|
| Respondents |
GOVERNMENT OF PUNJAB
|
| Citations |
2024 SLD 4505,
2024 PLJ 63
|
| Other Citations |
PLD 2009 SC 460,
PLD 2010 SC 1021,
PLD 2011 Lahore 323,
2002 SCMR 1023,
PLD 1971 SC 252,
PLD 1975 SC 1
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Constitution of Pakistan, 1973
|
| Sections |
9(A)(1),
9-C,
199
|