ALI SHER vs State Ss — 2023 PCrLJ 1619 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1619 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: ALI SHER vs State Ss
Subject matter: Criminal
Provisions referred to: S. 9; Amending Act; Criminal Procedure Code

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

ALI SHER VS State Ss. 9(c) & 48 [as amended by the Control of Narcotic Substances (Amendment) Act, 2022]--- Constitution of Pakistan, Art. 12---Possession of 3000 grams of charas---Conviction and sentence as per (Amending Act)---Retrospective effect---Scope---Trial Court convicted and sentenced the appellant/accused under S. 9(c) of CNSA, 1997, to suffer nine years' rigorous imprisonment with a fine of Rs. 80,000 as per the new scheme of penalties inserted by the Control of Narcotic Substances (Amendment) Act, 2022---Validity---New scheme of penalties under Control of Narcotic Substances (Amendment) Act, 2022 ('the Amending Act 2022') had provided that when the quantity of Charas weighed 1000-grams to 4999-grams , the imprisonment might extend to fourteen years which would not be less than nine years along with a fine up to Rs. 400,000 but not less than Rs. 80,000---Trial Court had misconceived and mis-interpreted the Amending Act, 2022 as the amendment was promulgated after about three months of offence having been commitment in the present case , therefore, new amendment could not be applied and enforced retrospectively; and the sentence awarded by the Trial Court was in utter violation of Art. 12 of the Constitution---High Court observed that the sentence awarded to the appellant, being a first offender, was harsh , who had no previous criminal record, therefore, the appellant deserved leniency---Impugned judgment was modified by reducing the sentence of the appellant from nine years to three years and the fine of Rs. 80,000 to Rs. 30,000 with the premium of 382-B of Criminal Procedure Code, 1898---Appeal was partly allowed, in circumstances.

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