MIR HAMMAL vs State S — 2023 PCrLJ 449 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 449 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: MIR HAMMAL vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 382-B---Q; S. 382-B; 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

MIR HAMMAL VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 382-B---Qanun-e-Shahadat (10 of 1984), Arts. 67 & 68---Transportation of narcotics---Period of detention to be considered while awarding sentence of imprisonment---Previous good character, relevance of---Previous bad character not relevant---Scope---Accused was convicted for transporting narcotics---Trial Court had withheld the benefit of S. 382-B, Cr.P.C. on the ground that the accused was previous convict of an offence under S. 9(c), Control of Narcotic Substances Act, 1997---Held, that observations and findings of the Trial Court were absolutely illegal, because in a criminal case, the bad character of an accused was irrelevant under Art. 68 of the Qanun-e-Shahadat, 1984, unless the evidence of his good character had not been given---Accused had not made statement on oath nor had he led any evidence that he was a person of good character---Trial Court had placed reliance and referred to an inadmissible piece of evidence---Appeal against conviction was allowed, in circumstances.

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