Pakistan Case Lawโ† Search
2005 P C R L J 1506

JANGREZ KHAN vs THE STATE

Citation2005 P C R L J 1506
CourtPeshawar High Court
Case No.Criminal Appeal No,722 of 2004
Date2005-03-30
Judge(s)Muhammad Qaim Jan Khan, Tariq Pervez
ResultOrder accordingly

' TARIQ PARVEZ KHAN, J.--- Case property i,e, Gas Cylinder produced today.

' Case of the prosecution is that 7 kilograms of Charas was recovered concealed in a gas Cylinder possessed by the appellant.

2. Appellant was tried and vide judgment dated 24-2-2004 stands convicted and sentenced to 6 years' R.I. With a fine of Rs,50,000 in default of payment of such fine to six months' S.I. With benefit of section 382-B, Cr.P.C.

3. Conviction has not been challenged but the quantum of sentence.

4. It is admitted by the prosecution witnesses that Charas was in the shape of 7 slabs but only one sample of 10 grams was separated from the whole lot.

5. In view of one sample separated from narcotics recovered and not taking sample from each slab, what is proved by the prosecution is that 10 grams sample sent for chemical analysis was Charas which might be relatable to one slab each of one kilogram.

6. In this view of the facts conviction is maintained but sentence is reduced to already undergone, as appellant has already spent nearing 3 years in jail.

7. Since we have reduced the sentence of imprisonment accordingly the fine amount is reduced to Rs,10,000 and in default to suffer two months' S.I. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch