NASEEM KHAN vs State Ss — 2021 SCMR 1771 SUPREME-COURT

Case information

Citation: 2021 SCMR 1771 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: NASEEM KHAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 9; Narcotic Substances Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NASEEM KHAN VS State Ss. 9(b) & 9(c)---Possession and transportation of 3 kilograms of cannabis---Reappraisal of evidence---Sentence, reduction in---Single consolidated sample from all packets sent for forensics---Prosecution's claim of possession of 3 kgs of cannabis wrapped in three different packets notwithstanding, the forensic report unambiguously refered to receipt of single sample of 5 grams---Prosecution's reliance upon a single consolidated sample instead of dispatching three separate samples from each bag brought accused's case within the purview of S. 9(b) of the Control of Narcotic Substances Act, 1997, and, thus, a corresponding reduction in his sentence was most conscionable in circumstances---Furthermore accused was in his youth with no past history to his discredit---Accused's sentence was reduced from 3 years rigorous imprisonment to that already undergone by him with reduction in fine to Rs.5000---Petition for leave to appeal was converted into appeal and partly allowed accordingly.

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