| Case ID |
4302c68a-0bb4-4789-aa45-fd84aa0905d4 |
| Body |
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| Case Number |
Criminal Appeal No.20(S) of 1988 |
| Decision Date |
Dec 11, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court partly allowed the appeal, affirming the conviction of the appellant under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979. However, the enhanced sentence awarded by the Federal Shariat Court was set aside, restoring the original sentence of seven years' rigorous imprisonment with a fine of Rs.10,000 and 10 stripes. The Court noted that the trial court had considered mitigating circumstances that the appellate court failed to acknowledge, particularly the admissions made by the raiding officer regarding the appellant's non-involvement as a smuggler or owner of the narcotics. The Supreme Court emphasized the importance of these factors in determining an appropriate sentence, ultimately deciding that the original sentence was adequate given the circumstances of the case. |
| Summary |
This case revolves around the conviction of Muhammad Rafique under the Prohibition (Enforcement of Hadd) Order, 1979 for possession of heroin. The Supreme Court of Pakistan reviewed the evidence presented during the trial, including the testimony of the raiding officer, Captain Raees Ahmed Khan, and other witnesses. The Court found that while the appellant was convicted based on the recovery of heroin from his house, the trial court had provided a sentence that considered mitigating factors, which the Federal Shariat Court overlooked. The Supreme Court highlighted the need for a balanced approach to sentencing and ultimately restored the original sentence, emphasizing the necessity of considering the role of the accused in narcotics cases. This case serves as a significant reference point regarding the appreciation of evidence and sentencing in drug-related offenses. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ALLAH,
PIR MUHAMMAD KARAM SHAH,
MAULANA MUHAMMAD TAQI USMANI
|
| Lawyers |
Syed Abul Aasim Jafari,
M. Nawaz Abbasi,
Rao M. Yousaf Khan
|
| Petitioners |
MUHAMMAD RAFIQUE
|
| Respondents |
THE STATE
|
| Citations |
1990 SLD 712,
1990 SCMR 602
|
| Other Citations |
Not available
|
| Laws Involved |
Prohibition (Enforcement of Hadd) Order, 1979
|
| Sections |
Art.4
|