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The STATE/ANTI NARCOTICS FORCE (ANF) vs NADEEM BAHADUR S — 2022 YLRN 89 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 89 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
The STATE/ANTI NARCOTICS FORCE (ANF) vs NADEEM BAHADUR S
Subject matter
Criminal
Provisions referred to
S. 48---L; S. 48; Limitation Act (IX of 1908); Narcotic Substances Act; Limitation 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

The STATE/ANTI NARCOTICS FORCE (ANF) VS NADEEM BAHADUR S. 48---Limitation Act (IX of 1908), Arts.155 & 157---Appeal---Limitation---Scope---Appellant sought enhancement of sentence handed down to the convict on his voluntarily accepting the guilt---Appeal under S.48 of the Control of Narcotic Substances Act, 1997 was required to be filed within 60 days from the date of judgment in terms of Art. 155 of Limitation Act, 1908---Appellant on point of limitation claimed that maximum time for filing appeal was six months under Art. 157 of the Limitation Act, 1908---Validity---Reference to Art. 157 of the Limitation Act, 1908 was erroneous as the appellant had not filed appeal against an order of acquittal---Sole contention of the appellant was that the Trial Court had failed to follow the law laid down in Ghulam Murtaza and another v. The State [PLD 2009 Lahore 362]---Departure from the guidelines provided in the said case was permissible as held by Supreme Court in other cases---Reasoning advanced by the Trial Court was confession of guilt before the court and that the convict was of young age and first offender---Appeal was dismissed.

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