JUDGMENT ASIF SAEED KHAN KHOSA, J. - While hearing Criminal Appeal No. 284-J of 2008 involving alleged recovery of some narcotic substance from the possession of ' the appellants therein a Division Bench of this Court comprising of one of us, 7.e. Tariq Shamim, J. And Parvaiz Ali Chawla, J.
Passed the following order on 4.3.2009:- "In the instant case suo motu notice was issued by us to the appellant as the learned Trial Court had sentenced him to two years' imprisonment in terms of Section 9(c) of the Control of Narcotic Substances Act, 1997, which, in our view, is meager and not commensurate with the. Sentence provided under the law. We have noticed this problem in a number of cases, In view thereof, we refer this matter to the Honourable Chief Justice for constitution of a larger Bench in the last week of March, 2009, if deemed appropriate, so that a uniform sentencing policy could be formulated in cases of narcotics for the guidance of the Trial Courts." . < On the basis of that Reference made by the Division Bench the Hon'ble Chief Justice was pleased to .Constitute the present Full Bench for the purpose of formulating a sentencing policy for cases involving recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997. \ zuuy
2. We have heard the learned counsel for the parties at some length and have pondered and mulled over the issue from diverse angles including legal, social and economic perspectives.
3. The quintessence of the civilization's evolution and growth in the legal field is a progression from dispensation of justice ,according to the principle of justice, equity and good conscience" to "justice according to the law". The rationale or raison d'etre for this momentum, quite easy to discern and comprehend, is that justice ought not to be administered according to the whims, caprice or sutractive standards of an individual Judge but it should be dispensed according to some codified or stipulated standards so as to render the outcome consistent and reasonably predictable.
Predictability of judicial response to an action or inaction of a person is important because, by and large, people living in a community adapt or mould their conduct keeping in view the law of the land and a probable judicial reaction to their actions or inactions. The essence, therefore, is that, proverbially speaking, justice should not vary with the size of the Chancellor's foot but a person inviting a legal intervention into his conduct should be able to appreciate in advance as to how he is likely to be treated by a Judge dealing with application of the relevant law to that person's conduct. Uniformity and standardization of judicial response to similar legal situations cannot, thus, be overemphasized.
4: Of late it has been noticed by this Court that in the matter of passing sentences in cases of recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997 different Judges, both at the trial and the appellate stages, have been passing sentences upon convicts placed in similar situations which sentences are quite often hideously variable as they oscillate and fluctuate between unduly lenient and grossly oppressive. Such discrepant and vacillating judicial responses to similar situations npt only give rise to confusion and uncertainty but they also encourage unscrupulus litigants and lawyers to-try to shop for a suitable Judge. ,
5. We have carried out a survey of all the cases ! Reported in various Law Reports/Journajs of the country to find out the sentencing trends of.Different Courts and Judges in cases involving recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997 and the information gathered through the-said survey shows, and shows quite strikingly, that the sentencing trends in cases of recovery of contraband narcotic substances vary quite sharply and judicial responses in that regard differ quite drastically even in situations which may be similar, if not identical. Sifch variable approaches clearly Underscore the importance of uniformity and standardization in the matter of sentencing in this area and, thus, the efficacy and necessity of adopting a sentencing policy in that regard cannot be overstated.
6. The maximum sentences provided by the Control of Narcotic Substances Act, 1997 for different quantities of the recovered contraband narcotic substances are as follows:- Section 9(a): (If the recovered quantity is 100 grams or less) Imprisonment up to 2 years or fine or both.
Section 9(b): (if the recovered quantity exceeds 100 grams but . Does not exceed 1 kilogram)
Imprisonment up to 7 years and fine.
Section 9(c): (if the recovered quantity exceeds 1 kilogram)
' * Death or imprisonment for life or imprisonment up to 14 years and fine up to one million Rupees.
If the recovered quantity/daceeds IQ kilograms then the sentence is not to be less than imprisonment for ' life- ' .. '. .... ; itis conspicuously noticeable that the sentehces piiovided for by the^ Control of Narcotic Substances Act, 1997 are' prescribed with reference to quantity of th& recovered contraband narcotic substance and not with reference to the kind or nature of the recovered contraband narcotic substance/ Different kinds of contraband narcotic substances covered by the Control of Narcotic Substances Act, 1997 vary sharply in their harmful nature or dangerous " effects as a huge quantity of one substance may be less harmful or dangerous than a small quantity of another Substance. Thus, in many situations a sentencing approach based only upon quantity of the recovered substance may lead to unjust and oppressive results and to punishments which may be unduly cruel and harsh.
7. In the above-mentioned backdrop, keeping in view the accumulated judicial wisdom and experience and balancing the same with the interests of justice in the overall social and economic context, the following sentences are approved and prescribed as the normal and1 standard sentences for different quantities of various contraband narcotic substances recovered in connection with.The Control of Narcotic Substances Act, 1997; * Cases under Section 9(a) of the Control of Narcotic Substances Act, 1997 Recovered Substance Quantity ff ' . Normal Sentence Bhang Upto 30 grams Imprisonment: S.I. For 3 months and Fine: Rs. 1,000/- or in default S.I. For 15 days Bhanfci Exceeding 30 grams and up to Imprisonment: S.I. For 6 mqg$s and '
Recovered Substance Quantity Normal Sentence * 60 grams Fine: Rs. 2,000/- or in default S.I. For 1 month Bhang Exceeding (60 grams and up to 100 grams Imprisonment: S.I. For 9 months and Fine: Rs. 3,000/- or in default S.I. For 1 month and 15 days Poast Upto 30 grams Imprisonment: S.I. For 4 . V months and Fine: Rs. 1,500/- or in default S.I. For 1 month Ppast Exceeding 30 grams and up to 60 grams Imprisonment: S.I. For 7 months and Eine: Rs. 2,500/- or in default S.I. For 1 month and 15 days Poast Exceeding (60 grams and up to 100 grams Imprisonment: S.I. For 10 months and Fine: Rs. 3,500/- or in default S.I, for 2 months Opium Upto 30 grams Imprisonment: S.I. For 5 months and Fine: Rs. 2,000/- or in default S.I. For 1 month and 15 days Opium v Exceeding 30 grams and up to 60 grams Imprisonment: S.I. For 8 months and Fine: Rs. 3,000/-or in default S.I. For 2 months Opium Exceeding 60 grams and up to 1 00 grams Imprisonment: S.I. For 11 months and Fine: Rs. 4,000/- or in default Recovered Substance Quantity * Normal Sentence S.I. For 2 months and 15 days Charas Upto 30 grams Imprisonment: R.I. For 6 . Months and Fine: Rs. 3,000/- or in default S.I. For 2 months Charas * Exceeding 30 grams and up to 60 grams Imprisonment: R.I. For 9 months and Fine: Rs. 5,000/- or in default S.I. For 2 months and 15 days Charas Exceeding 60 grams and up to 100 grams Imprisonment: R.I. For 1 year and , Fine: Rs. 7,000/- or in default S.I. For 3 months Heroin Upto 30 grams Imprisonment: R.I. For 7. Months and Fine: Rs. 5,000/- or in default S.I. For 2 months and 15 days Heroin ; Exceeding 30 grams and up to 60 grams Imprisonment: R.I. For 10 months and .
Fine: Rs. 7,000/- or in default S.I. For 3 months Heroin Exceeding 60 grams and up to 100 grams Imprisonment: R.I. For 1 year and 1 month and Fine: Rs. 9,000/- or in default S.I. For 3 months and 15 days \ Cases under Section 9(bl of the Control of Narcotic Substances Act, 1997 Recovered Substance Quantity Normal Sentence / Bhang Exceeding I0O grams and up to 300 grams Imprisonment: R.I. For 1 year and Fine: Rs. 4,000/- or in default S.I. For 2 months Bhang Exceeding 300 grams and up to 600 grams Imprisonment: R.I. For 1 year and 3 months and Fine: Rs. 5,000/- or in default S.I. For 2 months and 1.5 days Bhang Exceeding 600 grams and up to 1000 grams Imprisonment: R.I. For 1 year and 6-months and Fine; Rs. 6,000/- or in default S.I. For 3 months Poast t Ekceeding 100 grams and up to 300 grams Imprisonment: R.I. For 1 year and 1 month and Fine: Rs. 4,500/- or In default S.I. For 2 months and 15 days Poast Exceeding 300 grams and up to 600 grams. Imprisonment: R.I. For 1 year and 4 months and .
Fine: Rs. 5,500/- or in default S.I. For 3 months .
Poast Exceeding 600 grams and up to 1000 grams Imprisonment: R.I. For 1 year and 7 months and * J Finef-Rs. 6,500/- or in default S.I. For 3 months and 15 days Opium Exceeding 100 grams and up to Imprisonment: R.I. For 1 year Ghulam Mvfftaza V. The State Cr.C 193 (Asif Saeed Khan Khosa, J.)
Recovered Substance Quantity Normal Sentence 300 grams and 2 months and Fine: Rs. 5,000/- or in default S.I. For 3- months Opium Exceeding 300 grams and up to 600 grams Imprisonment: R.I. For f year and 5 months and Fine: Rs. 6,000/- or in default S.I. For 3 months and 15 days Opium Exceeding 600 grams and up to 1000 grams Imprisonment: R.I. For 1 year 8 months and Fine: Rs. 7,000/- or in default S.I. For 4 months Charas Exceeding 100 grams and up to 300 grams - Imprisonment: R.I. For 1 year and 3 months and Fine: Rs. 9,000/- or in default S.I. For 3 months and 15 days Charas Exceeding 300 grams and Upto 600 grams Imprisonment: R.I. For 1 year and 6 months and Fine: Rs. 11,000/- or in default S.I. For 4 months Oharas Exceeding 600 grams and up to 1000 grams Imprisonment: R.I. For 1 year and 9 months and Fine: Rb. 13,000/- or in default S.I. For 4 months and 15 days , Heroin Exceeding 100 grams and up to 300 grams Imprisonment: R.I. For 1 year and 4 months and Fine: Rs. 11,000/- or in default S.I. For 4 months Heroin Exceeding 300 Imprisonment: R.I. For 1 year '
Recovered Substance Quantity , Normal Sdntenep grams and up to 600 grams and 7 months and Fine: Rs. 13,000/- or in default S.I. For 4 months and 15 days Heroin Exceeding 600 grams and up to 1000 grams Imprisonment: R.I. For 1 year and 10 months and Fine: Rs. 15,000/- or in default S.I. For 5 months Cases under Section 9(cl of the Control of Narcotic Substances Act. 1997 Recovered Substance Quantity Normal Sentence Bhang Exceeding 1 kilogram and up to 2 kilograms Imprisonment: R1 for 2 years and 15 days and Fine: Rs, 7,000/- or in default S.I. For 3 months and 15 days Bhang ' Exceeding 2 kilograms and up to 3 kilograms Imprisonment: R.I. For 3years and Fine: Rs. 8,000/- or in default S.I. For 4 months Bhang Exceeding 3 kilograms and up to 4 kilograms Imprisonment: R.I. For 4 years and Fine: Rs. 9,000/- pr in default S.I. For 4 months and 15 days Bhang Exceeding 4 kilograms and up to 5 kilograms Imprisonment: R.I: for 5 years and Fine: Rs. 10,000/- or in default S.I. For 5 months Bhang Exceeding 5 Imprisonment: R.I. For 6 years . Recovered Substance Quantity Normal Sentence kilograms and up to 6 kilograms and Fine: Rs. 11,000/- or in default S.I. For 5 months and 15 days Bhang Exceeding 6 kilograms and up to 7 kilograms Imprisonment: R.I. For 7 years and Fine: Rs. 12,000/- or in default S.L for 6 months Bhang Exceeding. 7 kilograms and up to 8 kilograms Imprisonment: R.I. For 8 years and Fine: Rs. 13,000/- or in default S.I. For 6 months and 15 days Bhang Exceeding v 8 kilograms and up to 9 kilograms I - ' , Imprisonment: R.I. For 9 years and .
Fine: Rs. 14,000/- or in default S.I. For 7 months - Bhang Exceeding 9 kilograms and up to 10 kilograms Imprisonment: R.I. For 10 yqarsand Fine: Rs. 15,000/- or in default S.I. For 7 months and 15 days Bhang More than 10 kilograms . Imprisonment for life and Fine: Rs. 25,000/- or in default S.I. For 1 year Poast -t Exceeding 1 kilogram and up to 2 kilograms mprisonment: R.I. For 3 years, and Fine: Rs. 7,500/- or in default S.I. For 4 months I Recovered Substance Quantity Normal Sentence Poast Exceeding 2 kilograms and up to 3 kilograms Imprisonment: R.I. For 4 years and Fine: Rs. 8,500/- or in default S.I. For 4 months and 15 days Poast Exceeding 3 kilograms and up to 4 kilograms Imprisonment: R.I. For 5 years and Fine: Rs. 9,500/- or in default S.I. For 5 months Poast Exceeding 4 kilograms and up to 5 kilograms Imprisonment: R.I. For 6 years and Fine: Rs. 10,500/- or in default S.I. For 5 months and 15 days Poast Exceeding 5 kilograms and up to 6 kilograms Imprisonment: R.I. For 7 years and Fine: Rs. 11,500/- or in default S.I. For 6 months Poast Exceeding 6 kilograms and up to 7 kilograms Imprisonment: R.I. For 8 years and Fine: Rs. 12,500/- or in default S.I. For 6 months and 15 days Poast Exceeding 7 kilograms and up to 8 kilograms Imprisonment: R.I. For 9 years and Fine: Rs. 13,500/- or in default S.I. For 7 months Poast Exceeding 8 kilograms and up to 9 kilograms Imprisonment: R.I. For< 10 years and Fine: Rs. 14,500/- or. In default S.I. For 7 months and Recovered Substance Quantity ' Normal Sentence * ^ % 15 days Poast Exceeding 9 kilograms and up to 10 kilograms Imprisonment; R.I. For 11 years and Fine: Rs. 15,500/- or in default S.I. For 8 months * Poast More than 10 kilograms Imprisonment for lifesTrlcT Fine: Rs. 30,000/- or in default S.I. For 1 year and 4 months Opium Exceeding 1 kilogram and up to 2 kilograms Imprisonment; R.I. For 4 years and Fine: Rs. 8,000/- or in default S.I. For 4 months and 15 days Opium Exceeding 2 kilograms and up to 3 kilograms Imprisonment: R.I. For 5 years and Fine: Rs. 9,000/- or in default S.I. For 5 months Opium Exceeding 3 kilograms and uptb 4 kilograms Imprisonment: R1 for 6 yedfS and Fine: Rs. 10,000 or in default SI for 5 months and 15 days Opium Exceeding 4 kilograms and up to 5 kilograms Imprisonment: R.I. For 7 years and Fine: Rs. 11,000/- or in default S.I. For 6 months Opium Exceeding , 5 kilograms and up to 6 kilograms Imprisonment: R.I. For 8 years and Fine: Rs. 12,000/- in default S.I. For 6 months and 15 days 2009 Cr.C 197 Recovered Substance Quantity Normal Sentence Opium Exceeding , 6 kilograms and up to 7 kilograms Imprisonment: R.I. For 9 years and Fine: Rs. 43,000/- or in default S.I. For 7 months , Opium Exceeding 7 kilograms and up to 8 kilograms Imprisonment: R.I. For 10 years and Fine: Rs. 14,000/- or. In default S.I: for 7 months and 15 days Opium / Exceeding 8 kilograms and up to 9 kilograms Imprisonment: R.I. For 11 years and Fine: Rs. 15,000/- or - in default S.I. For 8 months Opium Exceeding 9 kilograms and up to 10 kilograms Imprisonment: R.I. For 12 years and Fine: Rs. 16,000/- or in default S.I. For 8 months and 15 days Opium More than 10 kilograms * Imprisonment for life and Fine: Rs. 35,000/.- or in default S.I. For 1 year and 6 months Charas Exceeding 1 kilogram and up to 2 kilograms Imprisonment: R.I. For 4 years 6 months and Fine: Rs. 20,000/- . Or in default S.I. For 5 months Charas Exceeding 2 kilograms and up to 3 kilograms Imprisonment: R.I. For 5 years and 6 months and Fine: Rs. 25,000/- or in default S.I. For 5 months and 2009 Recovered Substance Quantity Normal Sentence 15 days Charas Exceeding 3 kilograms and up to 4 kilograms Imprisonment: R.I. For 6 years and 6 months and f Fine: Rs. 30,000/- or in default S.I. For 6 months ; Charas Exceeding 4 kilograms and up to 5 kilograms Imprisonment: R.I. For 7 years and 6 months and .
Fine: Rs. 35,000/- or in default S.I. For 6 months and 15 days Charas f \ ' Exceeding 5 kilograms and up to 6 kilograms _ Imprisonment:: R.I. For 8 years and 6 months and Fine: Rs. 40,000/- or in default S.I. For 7 months Charas Exceeding 6 kilogram and up to 7 kilograms Imprisonment: R.I. For 9 years and 6 months and Fine: Rs. 45,000/- or in default S.I. For 7 months and 15 days Charas Exceeding 7 kilograms and up to 8 kilograms Imprisonment: R.I. For. 10 years and 6 months and Fine: Rs. 50,000/- or in default S.I. For 8 months Charas Exceeding 8 kilograms and up to 9 kilograms Imprisonment: R.J. For 11 years and 6 months and Fine: Rs. 55,000/- or in default S.I. For 8 months and 15 days Charas Exceeding 9 kilograms and Imprisonment: R.I. For 12 Recovered Substance Quantity Normal Sentence up to 10 kilograms years and 6 months and Fine: Rs. 60,000/- or in default S.I. For 9 months Charas More than 10 kilograms Imprisonment for life or Death and Fine: Rs. 100,000/- or in default S.I. For 1 year Heroin Exceeding 1 kilogram and up to 2 kilograms Imprisonment: R.I. For 6 years and Fine: Rs. 30,000/- or in default S.I. For 6 months .
Heroin Exceeding 2 kilograms and up to 3 kilograms Imprisonment.' R.I. For 7 years and Fine: Rs. 50,000/- or in default S.I. For 7 months Heroin Exceeding -3 kilograms and up to 4 kilograms Imprisonment: R.I. For 8 years and Fine: Rs. 70,000/- or in default S.I. For 8 months Heroin Exceeding 4 kilograms and up to 5 kilograms Imprisonment: R.I. For 9 years and '
Fine: Rs. 90,000/- or in default S.I. For 9 months.
Heroin Exceeding 5 kilograms and up to 6 kilograms Imprisonment: R.I. For 10 years and Fine: Rs. 1,10,000/- or in default S.I. For 10 months Heroin Exceeding 6 kilograms and Imprisonment: R.I. For 11 years and Ghulam Murtaza y. The State Cr.C 201 (Asif Saeed Khan Khosa. J.)
Recovered Substance Quantity Normal Sentence . K up to 7 kilograms Fine: Rs. 1,30,000/-, or in default S.I. For I 1 months Heroin Exceeding 7 kilograms and up to 8 kilograms Imprisonment; R.I. For l2 years and Fine: Rs. 1,50,00.0/- or in default S.I. For 1 year Heroin Exceeding 8 kilograms and up to 9 kilograms Imprisonment: R.I for 13 years and Fine: Rs. 1,70,000/- or in default 'S.I. For .1 year and 1 month Heroin Exceeding 9 kilograms and up to 10 kilograms Imprisonment: R.I. For 14 years and'
Fine: Rs. 1,90,000/- or in default S.I. For 1 year and 2 months'
Heroin More than 10 kilograms Imprisonment for life or Death and Fine: Rs. 3,00,000/- or in default S.I. For 1 year and 6 months
8. The chart prepared above can also be arranged in the following manner; Recovered Substance Quantity Normal Sentence Bhang Upto 30 grams Imprisonment: S.I. For 3 months and Fine: Rs. 4,000/- or in default S.I. For 15 days Recovered Substance Quantity Normal Sentence Bhang Exceeding 30 grams and up to 60 grams Imprisonment: S.I. For 6 months and Fin: Rs. 2,000/- or in default S.I. For 1 month.
Bhang Exceeding 60 grams and up to 100 grams Imprisonment: S.I. For 9 months and Fine: Rs. 3,000/- or in default S.I. For 1 month and 15 days Bhang . Exceeding 100 grams and up to 300 grams Imprisonment: R.I. For 1 year and Fine: Rs. 4*000/- or in default S.I. For 2 months Bhang Exceeding 300 grams and up to 600 grams . Imprisonment: R.I; for, 1 year and 3 months and Fine: Rs. 5,000/- or in default S.I. For 2 months and 15 days Bhang Exceeding 600 grams and up to 1000 grams Imprisonment: R.I. For 1 year and 6 months and Fine! Rs. 6,000/- or in default S.I. For 3 months Bhang Exceeding 1 kilogram and up to 2 kilograms / Imprisonment: R.I. For 2 years and Fine: Rs. 7,000/- or in default S.I. For 3 months and 15 days Bhang Exceeding 2 kilograms and up to 3 kilograms Imprisonment: R.I. For 3 years and Fine: Rs. 8,000/- or in default S.I. For 4 months Bhang Exceeding 3 Imprisonment: R.I. For 4 years ^Recovered Substance Quantity Normal Sentence kilograms and up to 4 kilograms and Fine: Rs. 9,000/- or in default S.I. For 4 months arid 15 days Bhang Exceeding 4 kilograms and up to 5 kilograms Imprisonment: R.Lr for 5 years and Fine: Rs. 10,000/- or iri default S.I. For 5 months Bhang * Exceeding 5 kilograms and up to 6 kilograms Imprisonment: R.I. For 6 years and Fine: Rs. 11,000/- or in default S.I. For 5 months and 15 days Bhang Exceeding . 6 kilograms and up to 7 kilograms Imprisonment R.I. For 7 years and Fine: Rs. 12,000/- or in default S.I. For 6 months Bhang Exceeding 7 kilograms and up to 8 kilograms Imprisonment: R.I. For 8 years and Fine: Rs. 13,000/- or in default S.I. For 6 months and 15 days Bhang Exceeding kilograms and up to 9 kilograms Imprisonment: R.I. For 9 years and Fine: Rs.
14,000/- or in default S.I. For 7 months Bhang Exceeding 9 kg and up to 10 kilograms Imprisonment: R.I. For 10 years and Fine: Rs. 15,000/- or in default S.I. For 7 months and 15 days Bhang More than 10 kilograms Imprisonment for life and Fine: Rs. 25,000/- or in default Revered Substance Quantity Normal Sentence Upto 30 grams Imprisonment: S.I. For 4 months and, Fine: Rs. 1,500/- or in default S.I. For 1 month Poast Exceeding 30 grams and up to 60 grams Irtiprisonment: S.I. For 7 months and Fine: Rs. 2,500/- or in default S.I. For 1 month and 15 days Poast Exceeding * 60 grams and up to 100 grams Imprisonment: S.I. For 10 months and Fine: Rs. 3,500/- or in default S.I. For 2 months Poast Exceeding 100 grams and up to 300 grams Imprisonment: R.I. For 1 year and 1 month and Fine. RS 4,500/- or in default S.I. For 2 months and 15 days Poast Exceeding 300 grams and up to 600 grams Imprisonment: R.I. For 1 year and 4 months and fine Rs. 5,500/- or in default S.I. Foe 8 months Poast Exceeding 600 grams and up to 1000 grams imprisonment: R.I. For 1 year and 7 months and .
Fine: Rs 700/- or in default S.I. For 3 Months and 15 days Poast Exceeding 1 kilogram and up to 2 kilograms Imprisonment:, R.I., for 3 years and Fine: Rs. 7,500/- or in default S.I. For 4 months Recovered Substance Quantity Normal Sentence Poast Exceeding 2 kilograms and up to 3 kilograms Imprisonment: R.I. For 4 years and '
Fine: Rs. 8,500/- or in default S.I. For 4 months and 15 days Poast Exceeding 3 kilograms and up to 4 kilograms Imprisonment: R.I. For 5 years and Fine: Rs. 9,500/- or in default S.I. For 5 months Poast Exceeding 4 kilograms and up to 5 kilograms Imprisonment: R.1, for 6 years and Fine: Rs. 10,500/- or in default S.I, for 5 months and 15 days Poast Exceeding 5 kilograms and up to 6 kilograms * Imprisonment: R.I. For 7 years and Fine: Rs. 11,500/- or in default S.I. For 6 months Poast Exceeding 6 kilograms and up to 7 kilograms Imprisonment: R.I. For 8 years and Fine: Rs. 12,500/- or in default S.I. For 6 months and 15 days Poast Exceeding 7 kilograms and up to 8 kilograms Imprisonment: R.I. For 9 years and \ - . Rine: Rs. 13,500/- or in default S.I. For 7 months Poast Exceeding 8 kilograms and up to 9 kilograms mprisonment: R.I. For 10 years and ' .?
Fine: Rs. 14,500/- or in default S.I. For 7 months and 15 days Poast Exceeding 9 mprisonment: R.I.Jor; 11 yfe'ars Recovered Substance Quantity Normal Sentence kilograms and up to 10 kilograms ' and Fine: Rs. 15,500/- or in default S.I. For 8 months Poast More than ' 10 kilograms Imprisonment for life and Fine: Rs. 30,000/- or in default S.I for 1 year, and 4 months Opium Upto 30 grams t Imprisonment: S.I. For 5 months and Fine: Rs. 2,000/- or fn default S.I. For 1 month and 15 days Opium ' Exceeding 30 grams and up to 60, grams > V. Imprisonment: S.I. For 8 months and Fine: Rs. 3,000/- or in default S.I. For 2 months Opium Exceeding 60 grams and up to 100 grams Imprisonment: S.I. For 11 months and Fine: Rs. 4,000/- or in default S.I. For 2 months and 15 days Opium Exceeding 100 grams and up to 300 grams Imprisonment: R.I. For 1 year and 2 months and Fine: Rs. 5,000/- or in default S.I. For 2 months Opium Exceeding 300 grams and up to 600 grams Imprisonment: R.I. For 1 year and 5 months and Fine: Rs. 6,000/- or in default S.I. For 3 months and 15 days Opium Exceeding 600 grams and up to 10d0 grams Imprisonment: R.I. For 1 year and 8 months and Fine: Rs. 7,000/- or in default I I 2009 Ghulam Murtaza V. The State Cr.C 207 (Asif Saeed Khan Khosa, J.)
Recovered Substance Quantity Normal Sentence S.I. For 4 months Opium Exceeding 1 kilogram and up to 2 kilograms Imprisonment: R.I. For 4 years and Fine: Rs. 8,000/- or in default S.I. For 4 months and 15 days Opium Exceeding 2 kilograms and uptcr3 kilograms Imprisonment: R.I. For 5 years and Fine: Rs. 9,000/- or in default S.I. For 5 months Opium Exceeding 3 kilograms and up to 4 kilograms Imprisonment; R.I. For 6 years and Fine: Rs. 10v000/- or in default S.I. For 5 months and 15 days Opium. Exceeding 4 kilograms and up to 5 kilograms Imprisonment: R.I. For 7 years and Fine: Rs. 11,000/- or in default S.I. For 6 months Opium Exceeding 5 kilograms and up to 6 kilograms Imprisonment: R.I. For 8 years and Fine: Rs. 12,000/- or in default S.I. For 6 months and 15 days Opium Exceeding 6 kilograms and up to 7 kilograms mprisonment: R.I. For 9 years and rine: Rs. 13,000/- or in default S.I. For, 6 months Opium Exceeding 7 kilograms and up to 8 kilograms mprisonment: fit.I. For 10 years and -ine: Rs. >14,000/- or in default S.I. For 7 months and .15 days Recovered Substance Quantity Normal Sentence Opium Exceeding 8 kilograms and up to 9 kilograms imprisonment: R.I. For 1*1 years and Fine: Rs. 15,000/- or in default S.I. For 8 months , Opium Exceeding 9 kilograms and up to 10 kilograms Imprisonment: R.I. For 12 years and Fine: Rs. 16,000/- or in default S.I. For 8 months and 15 days Opium More than 10 kilograms Imprisonment for life and Fine: Rs. 35,000/- or in default S.I. For .1 year and 6 months Charas Upto(30 grams Imprisonment: R.I. For 6 months and Fine: Rs. 3,000/.- or in default S.I. For 2 months/ Oharas Exceeding 30 grams and up to 60 grams Imprisonment: R.I. For 9 months and * Fine: Rs. 5,000/- or in default S.I. For 2 months and 15 days Charas Exceeding 60 grams, and up to 100 grams Imprisonment: R.I. For 1 year and Filie: Rs. 7,000/- or in default S.L for 3 months Charas :r'. Exceeding 100 grams and up to 300 grams Imprisonment: R.I. For 1 year and 3 months and Fine: Rs. 9,000/- or in default S.I. For 3 months and 15 days Charas Exceeding 300 grams and up to Imprisonment: R.I. For 1 year and 6 months and Recovered Substance Quantity Normal Sentence 600 grams Fine: Rs. 11,000/- or in default S.I. For 4 months.
Oharas v Exceeding 600 grams and up to 1000 grams Imprisonment: R.I. For 1 year and 9 months and Fine: Rs. 13,000/- or in default S.k for 4 months and 15 days Oharas Exceeding 1 kilogram and up to 2 kilograms Imprisonment; R.I. For 4 years 6 months and Fine: Rs. 20,000/- or in default S.I. For 5 months Oharas Exceeding - 2 kilograms and up to 3 kilograms Imprisonment: R.I. For 5 years and 6 months and Fine: Rs. 25,000/- or in default S.I. For 5 months and 15 days Oharas Exceeding 3 kilograms and up to 4 Kilograms Imprisonment: R.I. For 6 years and 6 months and Fine: Rs. 30,000/- or in default S.I. For 6 months . - Oharas Exceeding ,4 kilograms and up to 5 kilograms Imprisonment: R.I. For 7 years and 6 months and Fine: Rs. 35,000/- or in default S.I. For 6 months and 15 days Oharas Exceeding 5 kilograms and up to 6 kilograms , * Imprisonment: R.I. For' 8 years and 6 months and Fine: Rs. 40,000/- or in default! S.I. For 7 months Oharas Exceeding 6 kilograms and up to 7 kilograms Imprisonment:, R.I for 9 years and 6 months and .. , - Fine: Rs. 45,000/- or in default.
Recovered Substance Quantity Normal Sentence SX for 7 months and 15 days Charas < Exceeding 7 kilograms and up to 8 kilograms Imprisonment: R.L for 10 years and 6 months and Fine: Rs.50,000/- or in default S.I. For 8 months Charas Exceeding 8 kilograms and up to 9 kilograms Imprisonment: R.I. For 11 years and 6 months and Fine: Rs. 55,000/- or in default S.I. For 8 months and 15 days Charas Exceeding 9 kilograms and up to 10 kilograms Imprisoriment: R.I. For 12 years and 6 months and .
Fine; Rs. 60,000/- or in default S.I. For 9 months Charas More than 10 kilograms Imprisonment for life or Death and Fine: Rs. 100,000/- or in default S.I. For 1 year Heroin Upto 30 grams Imprisonment: R.I. For 7 months and Fine: Rs. 5,000/- or in default S.I. For 2 months and 15 days Heroin Exceeding 30 grams and up to 60 grams Imprisonment: R.I. For 10 months, and Fine:. Rs. 7,000/- or in default S.I. For 3 months Heroin^ Exceeding 60 grams and up to 100 grams . Imprisonment: R.I. For 1 year and 1 month and Fine: Rs. 9,000/- or in default S.I. For 3 months and 15 days Recovered Substance Quantity Normal Sentence ii Heroin Exceeding 100 grams and up to 300 grams Imprisonment: R.I. For 1 year and 4 months and Fine: Rs. 11,000/- or in default S.I. For 4 months Heroin Exceeding 300 grams and up to 600 grams Imprisonment: R.I. For 1 year and 7 months and > Fine: Rs. 13,000/- or in default S.I. For 4 months and 15 days Heroin Exceeding 600 grams.And up to 1000 grams Imprisonment: R.I. For 1 year and 10 months and Fine: Rs. 15,000/-or in default S.I. For 5 months Heroin Exceeding 1 kilogram and up to 2 kilograms Imprisonment: R.I. For 6 years and - Fine: Rs. 30,000/- or in default S.I. For 6 months Heroin * \ Exceeding 2 kilograms and up to 3 kilograms Imprisonment: RJ, for 7 years and Fine: Rs,- 50,000/- or in default S.I. For 7 months Heroin Exceeding 3 kilograms and up to 4 kilograms Imprisonment: R.I. For 8 years and Fine: Rs. 70,000/- or in default S.I. For8 months Heroin Exceeding 4 kilograms and up to 5 kilograms Imprisonment: R.I. For 9 years and Fine: Rs. 90,000/- or in default S.I. For 9 months Heroin Exceeding 5 Imprisonment: R.I. For 10 years Recovered Substance Quantity Normal Sentence kilograms and up to 6 kilograms and Fine: Rs. 1,10,000/- or in default S.I. For 10 months Heroin Exceeding 6 kilograms and up to 7 kilograms Imprisonment: R.I. For 11 years and Fine: Rs. 1,30,000/- or in default S.I. For 11 months Heroin Exceeding 7 kilograms and up to 8 kilograms Imprisonment; R.I. For 12 years and Fine: Rs. 1,50,000/- or in default S.I. For 1 year Heroin Exceeding 8 kilograms and up to 9 kilograms Imprisonment: R.I. For 13 years and Fine: Rs. 1,70,000/- or in default S.I. For 1 year and 1 month Heroin Exceeding 9 kilograms and up to 10 kilograms Imprisonment: R.I. For 14 years and '
Fine: Rs. 1,90,000/- or in default S.I. For 1 year and 2 months Heroin More than 10 kilograms Imprisonment for life or Death and Fine: Rs. 3,00,000/- or . In default S.I. For 1 year and 6 months
9. As regards a previous convict, a woman and a child the following principles may be followed while sentencing them:-
(i) A previous convict is to be awarded l/3rd more sentence of imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed above.
(ii) If the sentence of imprisonment against a previous convict calculated on the. Basis of the above principle exceeds the maximum sentence of imprisonment prescribed by the law then the convict is to be awarded the maximum sentence of imprisonment - prescribed by the law and the fine to be imposed upon him and the sentence of imprisonment in default of payment of fine are to be double the fine and double the' sentence of imprisonment in default of payment of fine are to be prescribed as the normal sentence:
(iii) A woman and a child, because of their gender and tender age, are to be awarded l/3rd less sentence"1 of imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed above.
(iv) The sentence of imprisonment to be passed against a woman or a child is to be a sentence of simple imprisonment and the sentence, of death may not be passed against them.
(v) ' If a woman or a child is a previous convict then the sentence to be awarded is to be the same as for a male previous convict except that the sentence of imprisonment for a woman or a child is to be a sentence of simple imprisonment and the sentence of death may not be passed against them.
10. Itgoes without saying that in a particular case, carrying some special features relevant to the matter of sentence a Court may depart from the norms and standards * prescribed above but in all such cases the Court concerned shall be obliged to record its reasons for such departure.
11. This Reference is answered and decided by us in the terms recorded above. The Office of this Court shall now fix the above-mentioned appeal and the other connected matters before the appropriate Division Benches for their decision in accordance with the law.
12. The Office of this Court is directed to send a copy of this judgment to all the Judges of the Special Courts (Control of Narcotic Substances), Sessions Judges and Additional Sessions Judges in the Province of the Punjab for their information and guidance.
Reference awarded.