Muhammad Arif alias Labha was tried by the learned Additional Sessions Judge, Lahore who by judgment dated 8-2-1996 convicted him under section 14 of the Dangerous Drugs Act and under Article 3 of the Prohibition Order, 1979 and sentenced him to various terms of imprisonment plus fine and stripes. The maximum sentence was life imprisonment under section 14 of the Dangerous Drugs Act.
2. Suspension of sentence is urged on the grounds that the learned Additional Sessions Judge was not competent to try the accused as under the Control of Narcotics Substances Ordinance, only Sessions Judge had been notified as the Trial Court for offences of the above nature. It is further stated that the petitioner being driver of the car from which the Charas in question had been allegedly recovered was entitled to leniency in the sentence, being a carrier. Additionally, it is stated that there is no public witness to the alleged recovery.
3. Since important questions with regard to the competency of the learned trial Court have been raised, I grant the application and suspend the sentence of the petitioner on furnishing bail bonds in the sum of Rs. One lac with two sureties in the like amount to the satisfaction of learned Senior Civil Judge, Lahore.
The learned Court shall ensure that the sureties are men of means and have definite/permanent addresses.