Pakistan Case Lawโ† Search
2008 SCMR 1295

ZAHEER-UD-DIN alias JEER vs THE STATE

Citation2008 SCMR 1295
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,523-L of 2007
Date2008-01-28
Judge(s)Syed Sakhi Hussain Bokhari, Mian Hamid Farooq
ResultLeave refused

ORDER

' SYED SAKHI HUSSAIN BOKHARI, J.--- Zaheer-ud-Din, petitioner, has filed this petition for leave to appeal against the order, dated 2-10-2007 passed by Lahore High Court, Lahore.

2. The brief facts of the case are that a case (F.I.R. No,252, dated 20-8-2002) was registered against the petitioner and after usual investigation he was challaned. He faced trial and learned trial Court convicted him under section 9(c) of the C.N.S.A., 1997 and sentenced to suffer imprisonment for life.

Learned trial Court also directed him to pay Rs,1,00,000 as fine vide judgment, dated 14-4-2007. The petitioner filed appeal thereagainst and also filed application for suspension of sentence which was dismissed vide order, 2-10-2007. Hence this petition for leave to appeal.

3. We have heard the learned counsel for the parties and perused the record. As stated earlier petitioner was convicted under section 9(c) of the C.N.S.A., 1997 and sentenced to suffer imprisonment for life and to pay Rs,1,00,000 as fine. The case of petitioner is that Abdul Naeem (C.W.1) has not supported prosecution version, therefore, it is a fit case for suspension of sentence.

This contention of petitioner is devoid of force because after regular trial the trial Court observed that prosecution has proved its case beyond reasonable doubt. Moreover deeper appreciation of evidence is not proper at this stage. Even otherwise huge quantity of Charas (12 Kgs. And 600 grams) and heroin (3 Kgs and 450 grams) was recovered from him. So in the circumstances of the case, we find that learned High Court has rightly rejected his application for suspension of sentence and there is no illegality or infirmity in the same is dismissed and leave to appeal is accordingly refused.

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