| Case ID |
19f5fb14-21fc-4159-bfbc-67d1a7d26258 |
| Body |
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| Case Number |
Cr.A. No. 182-P of 2015 |
| Decision Date |
Apr 22, 2015 |
| Hearing Date |
Mar 26, 2015 |
| Decision |
The appeal was allowed, and the sentence awarded to the respondent-convict Khalil by the learned ASJ-IV/Judge Special Court, Peshawar, was enhanced from ten months' S.I. to 20 months' R.I. and the fine was increased from Rs.5000 to Rs.10000. The benefit of Section 382-B, Cr.P.C. was extended to the accused. The court emphasized the need for a judicious exercise of discretion in sentencing, considering the severe societal impact of heroin addiction and trafficking. |
| Summary |
In the case of The State through Advocate General, N.W.F.P. vs. Khalil, the Peshawar High Court reviewed the sentencing of Khalil, who was convicted under the Control of Narcotic Substances Act for possessing three kilograms of heroin. The court found that the trial court had exercised undue leniency in sentencing Khalil to ten months of imprisonment, given the serious implications of heroin trafficking on society. The court noted that heroin addiction leads to significant health issues and societal problems, urging for stricter penalties to deter drug-related crimes. The final decision was to enhance the sentence to 20 months of rigorous imprisonment and increase the fine, thereby reinforcing the gravity of drug offenses and the necessity for judicial discretion in sentencing. This case highlights the ongoing battle against narcotics in Pakistan, addressing the critical need for effective legal measures to combat drug trafficking and protect public health. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Rashid Khan,
Assadullah Khan Chamkani
|
| Lawyers |
Mian Arshad Jan, A.A.G. for Appellant,
Waqas Ahmad Khan Chamkani for Respondent
|
| Petitioners |
The State through Advocate General, N.W.F.P.
|
| Respondents |
Khalil
|
| Citations |
2016 SLD 2231,
2016 YLR 851
|
| Other Citations |
PLD 2013 Pesh. 35
|
| Laws Involved |
Control of Narcotic Substances Act
|
| Sections |
9(c)
|