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2006 SCMR 1041

Mst. HUSNA SAADAT vs THE STATE

Citation2006 SCMR 1041
CourtSupreme Court of Pakistan
Case No.Jail Petition No,291 of 2005
Date2006-04-05
Judge(s)Sardar Muhammad Raza Khan, M. Javed Buttar
ResultOrder accordingly

' SARDAR MUHAMMAD RAZA KHAN, J.--- Mst. Husna Saadat has filed this jail petition challenging the judgment, dated 24-2-2005 of a learned Division Bench of Lahore High Court, Rawalpindi Bench whereby her conviction under section 9 of the Control of Narcotic Substances Act, 1997 and rigorous imprisonment for ten years with a fine of Rs,2,00,000 (Rupees two lac only), was maintained.

2. The petitioner, on 1-4-2001 at 1830 hours was apprehended by police with 9.5 kilograms of Charas while she was crossing over to Motorway Bus Stop from G.T. Road Bus Stop within the limits of Motorway Chowk in Jhangi Syedan.

3. The prosecution has examined adequate number of witnesses to prove the recovery, which is further re-enforced by the physical apprehension of the lady on the spot. The report of Chemical Examiner establishes the material to be contraband Charas. We do not find any reasons at all to set aside the conviction but, with regard to the sentence, we feel persuaded to believe that the petitioner is a carrier and the material involved is neither heroin nor opium. To the extent of sentence, the petition after conversion into appeal is partially accepted and the petitioner's sentence is reduced to eight years' rigorous imprisonment with a fine of Rs,1,00,000 (Rupees one lac only) in the default of payment whereof she shall further suffer imprisonment for six months. 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.

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