The STATE/ANTI-NARCOTICS FORCE through Assistant Director (Law) vs JUDGE SPECIAL COURT-I (CNS) CLIFTON, KARACHI Ss — 2022 PCrLJ 1506 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 1506 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: The STATE/ANTI-NARCOTICS FORCE through Assistant Director (Law) vs JUDGE SPECIAL COURT-I (CNS) CLIFTON, KARACHI Ss
Subject matter: Criminal
Provisions referred to: S. 48; S. 14

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

The STATE/ANTI-NARCOTICS FORCE through Assistant Director (Law) VS JUDGE SPECIAL COURT-I (CNS) CLIFTON, KARACHI Ss. 48, 6 & 9(b)---appeal---Possession of narcotics---Revision petition---Maintainability---Condonation of delay---Scope---Prosecution preferred appeal for enhancement of sentence awarded by Trial Court in view of plea of guilty---accused was convicted for an offence under Ss. 6 & 9(b) of Control of Narcotic Substances act, 1997---anti-Narcotics Force could only invoke the jurisdiction of appeal under S. 48 of Control of Narcotic Substances act, 1997, for challenging the order of Special Court---authorization by the acting Director, anti-Narcotics Force under S. 14 of Control of Narcotic Substances act, 1997, for filing revision petition was given after the expiry of statutory period of limitation for challenging the impugned order---appellant, neither at the time of filing revision nor at the time of oral request to convert the revision into appeal, had filed any application for condonation of limitation period for filing the appeal---In the absence of any request for condonation of delay or any oral explanation for the delay in filing appeal, no justification existed to entertain the hopelessly time-barred appeal---Reasoning advanced by the Trial Court was confession of guilt and also that the accused was of young age being the only bread-earning member of the family as well as admittedly first offender---appeal was dismissed.

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