GULL MUHAMMAD vs State S — 2022 MLD 2071 ISLAMABAD

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GULL MUHAMMAD VS State S.9(c)---Possession of narcotics---Appreciation of evidence---Sentence, quantum of---Accused was alleged to have been found in possession of 1220 grams of charas and 110 grams of ICE---Accused was convicted for the offence under S. 9(c) of the Act of 1997 and sentenced to imprisonment for four years and six months' R.I with fine of Rs. 20,000/- and in default to further undergo S.I for nine months for having charas and on account of having ICE, to one year and four months' R.I with fine of Rs. 11,000/- or in default to further undergo four months' S.I---Section 9 of the Act of 1997 stipulated punishments for contravention of Ss. 6, 7 and 8 of the Act---Section 8 prohibited the trafficking or financing the trafficking of narcotic drugs while S.7 was with respect to import and export of narcotic drugs---Section 6 was in respect of prohibition of possession of narcotic drugs---In all the three sections, the nature of narcotic drugs had been mentioned as narcotic drugs, psychotropic substance and controlled substance---For contravention of having possession of any type of the narcotic drugs, punishment would be cumulative as there was no distinction of kind of narcotic drugs but for all kinds punishment was to be inflicted as provided in S. 9 of the Act---Consecutive punishments awarded to the accused were not legally sustainable as he had to be punished for recovery of 1330-grams of narcotic drugs in total and not separately for 1220 grams of charas and ICE 110 grams respectively as the Act did not provide separate sentence for separate kind of narcotic drugs---While maintaining conviction under S.9(c) of the Act, the accused was sentenced to four years and six months R.I with fine of Rs.20,000/----Appeal was dismissed with modification in sentence.

GULL MUHAMMAD vs State S — 2022 MLD 2071 ISLAMABAD

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