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2001 MLD 1251

MUZAFFAR ALI vs THE STATE

Citation2001 MLD 1251
CourtLahore High Court
Case No.Criminal Miscellaneous No.1 of 2000 Criminal Appeal No.130 of 1998
Date2000-11-13
Judge(s)Bashir A. Mujahid, Mian Muhammad Najum-uz-Zaman
ResultPetition dismissed

ORDER

Criminal Miscellaneous No.1 of 2000 Petitioner Muzaffar A.I son of Muhammad Yousaf was tried by Special Judge, Vehari in case F.I.R. 90 of 1996, dated 16-5-1996 registered under section 9 of Control of Narcotic Substances Act, 1997, at Police Station Machiwal, District Vehari, who vide judgment dated 31-3-1998 convicted the petitioner under section 9(c) of the ibid Act and sentenced him to imprisonment for life and fine of Rs.50,000 or in default whereof to further undergo two years' R.I. Petitioner was also given benefit of section 382-B, Cr.P.C.

Petitioner has filed Criminal Appeal No.130 of 1998 challenging the abovesaid judgment which has not yet been decided. Through this petition, pray has been made for the suspension of sentence on the ground that nothing was recovered from the petitioner during the investigation of this case; defence evidence produced by the appellant was reliable and trustworthy, but the same was ignored by trial Court without any plausible reason; statutory period for the disposal of criminal appeal had expired and the petitioner had earned the right of bail. Learned counsel for the State had vehemently opposed the contentions raised by the learned counsel for the petitioner.

2. Heard. File perused,

3. Allegedly a huge quantity of Narcotics was recovered from the' petitioner. The grounds agitated for the suspension of sentence require deeper appreciation, which is not appropriate/permissible at this stage. Finding no force in this petition, same stands dismissed.

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