| Case ID |
2ab658d3-117d-498b-913e-81b2bcb50799 |
| Body |
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| Case Number |
Jail P. No. 657 of 2016 |
| Decision Date |
Dec 16, 2020 |
| Hearing Date |
Dec 16, 2020 |
| Decision |
The Supreme Court maintained the conviction of the petitioner under Section 9(c) of the Control of Narcotic Substances Act, 1997, but reduced the life imprisonment sentence to the time already served, taking into account the mitigating circumstances surrounding the case, including the nature of the substance and the petitioner's lengthy incarceration. The court emphasized that the evidence against the petitioner was sufficient to uphold the conviction, while also recognizing the need for justice in sentencing. |
| Summary |
This case revolves around the conviction of Zulfiqar @ Zulfa under the Control of Narcotic Substances Act, 1997 for possession of narcotics. The petitioner was apprehended with a significant quantity of poppy straw, specifically 15 kilograms of bhukki/poast, during a police raid based on spy information. The trial court sentenced him to life imprisonment, which was upheld by the Lahore High Court. Upon appeal, the Supreme Court reviewed the evidence, including testimonies from police witnesses, and determined that while the conviction was justified, the severity of the punishment warranted reconsideration due to the petitioner's long detention time and the nature of the narcotic involved. This case highlights the legal complexities surrounding narcotic possession laws and the judicial discretion exercised in sentencing. Key terms include 'Control of Narcotics Substances Act', 'poppy straw', 'narcotic possession', and 'mitigating circumstances'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
UMAR ATA BANDIAL,
SAJJAD ALI SHAH,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Ch. Muhammad Sarwar Sidhu
|
| Petitioners |
ZULFIQAR @ ZULFA
|
| Respondents |
STATE
|
| Citations |
2021 SLD 2190,
2021 PLJ 90
|
| Other Citations |
2016 SCMR 621,
2011 SCMR 1954,
2010 SCMR 1962
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(c),
2(t)
|