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2016 SCMR 806

Supreme Court of PakistaniPARA DIN and others vs The STATE

Citation2016 SCMR 806
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No.110 of 2010Criminal Appeal No.271 of 2005
Date2016-01-19
Judge(s)Mushir Alam, Asif Saeed Khan Khosa, Manzoor Ahmad Malik
ResultOrder accordingly

' ASIF SAEED KHAN KHOSA, J.---The facts of this case as well as the evidence produced before the trial court find an elaborate mention in the judgments passed by the courts below and, therefore, the same may not be reproduced here so as to avoid duplication and unnecessary repetition.

2. A report has been received from the Superintendent, Central Prisons, Mach informing that Para Din appellant has already been released from the jail on 26-6-2012 after completely serving out his sentence. This appeal is, therefore, dismissed as having become infructuous to the extent of Para Din appellant.

3. As regards Jillani appellant we note that according to the prosecution recovery in this case had been made in respect of charas khan weighing 162 kilograms contained in 162 packets weighing one kilogram each and characterizing 34 kilograms contained in 34 packets weighing one kilogram each and after the said recoveries one consolidated sample of 100 grams was separated from all the packets containing charas pukhta and one consolidated sample weighing 50 grams had been separated from the packets containing charas kham. According to the law declared by this Court in the case of Ameer Zeb V. The State (PLD 2012 SC 380) the weight of two packets, i.e. Two kilograms of charascould have been considered against Jillani appellant for the purposes of his conviction and sentence. This appeal is, therefore, partly allowed to the extent of Jillani appellant, his conviction for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 is maintained but his sentence is reduced to rigorous imprisonment for four years and six months and a fine of Rs.20,000/- (Rupees twenty thousand only) or in default of payment thereof to undergo simple imprisonment for five months. The benefit under section 382-B, Cr.P.C. Shall be extended to the appellant. This appeal is disposed of in these terms.

Cited by 6 cases

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