| Case ID |
46512c8a-b720-4d35-bb59-3fbc81473f08 |
| Body |
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| Case Number |
W.P. No. 69955 of 2021 |
| Decision Date |
Nov 22, 2022 |
| Hearing Date |
Nov 22, 2022 |
| Decision |
The Lahore High Court dismissed the petition filed by Nasreen Akhtar Siddiqui, seeking remission for her son Muhammad Hanif, who was convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997. The court determined that the period during which Hanif was on bail could not be counted as time served, as he was not confined in prison. The court emphasized that remissions are not applicable for periods where a convict is released on bail, thereby affirming the principles outlined in the Pakistan Prisons Rules, 1978. The petitioner's claim was found to be without merit as it contradicted established legal provisions regarding remission eligibility for prisoners. |
| Summary |
In the case of W.P. No. 69955 of 2021, heard by the Lahore High Court, the petitioner Nasreen Akhtar Siddiqui sought to secure remission for her son, Muhammad Hanif, convicted under narcotics law. The court ruled that time spent on bail does not constitute time served, referencing the Pakistan Prisons Rules which stipulate that only periods of actual confinement are eligible for remission. The court's decision highlights significant aspects of criminal law and constitutional provisions, emphasizing fairness and equity in the application of the law. This case underscores the importance of understanding the legal framework surrounding bail and remission, particularly in the context of narcotics offenses, where strict adherence to legal standards is paramount. The decision serves as a pivotal reference for future cases regarding similar claims for remission and the interpretation of time served in relation to bail. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Sarfraz Dogar
|
| Lawyers |
Syed Qamar Ali Rizvi,
Mian Muhammad Salman Idrees,
Mr. Muhammad Ajmal Adil,
Mr. Ikram Ullah Niazi
|
| Petitioners |
NASREEN AKHTAR SIDDIQUI
|
| Respondents |
GOVERNMENT OF THE PUNJAB
|
| Citations |
2023 SLD 7059,
2023 PLJ 149
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan Prisons Rules, 1978
|
| Sections |
199,
35
|