Citation Name: 2023 PCrLJ 139 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMAD ALI vs State S — 2023 PCrLJ 139 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PCrLJ 139 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 139 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMAD ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 426---P; S. 426---; S. 426; Criminal Procedure Code (V of 1898); 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

Citation Name: 2023 PCrLJ 139 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMAD ALI VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 426---Possession of narcotics---Suspension of sentence---Scope---Accused persons sought suspension of their sentences awarded to them under S. 9(c) of Control of Narcotic Substances Act, 1997 pending their appeal before the Supreme Court---From the perusal of leave granting order by the Supreme Court, prima facie, it appeared that leave was granted to reappraise the evidence on the dimension of safe custody of the recovered substance as well as safe transmission of samples to the office of Chemical Examiner---Improvements and contradictions pointed out in the prosecution case were the facts which were pressed into service by the counsel for the accused persons, which had persuaded the Supreme Court to grant leave---Probability could not be ruled out that the prosecution case might fall through in the long run---Accused persons having been arrested in 2011 were languishing in jail ever since---Continued incarceration for indefinite period of time would not serve any useful purpose for the prosecution's case---Sentence of the accused persons was suspended pending decision of their appeal before the Supreme Court---Petition was allowed. Citation Name: 2023 PCrLJ 139 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMAD ALI VS State S. 426--- Suspension of sentence--- Scope---Bare reading of S. 426(2-B), Cr.P.C., manifests that two conditions have been laid down for suspension of sentence i.e. where High Court is satisfied that a convicted person had been granted special leave to appeal by the Supreme Court of Pakistan and the other if High Court thinks fit that sentence or order appealed against be suspended.

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