Zameer Hussain Shah alias Zari Shah vs The State through Advocate General Azad Jammu and Kashmir, Muzaffarabad S — 2025 MLD 1119 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2025 MLD 1119 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2025
Reporter: MLD
Parties: Zameer Hussain Shah alias Zari Shah vs The State through Advocate General Azad Jammu and Kashmir, Muzaffarabad S
Subject matter: Criminal
Provisions referred to: S. 9; S. 426---P; 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

Zameer Hussain Shah alias Zari Shah VS The State through Advocate General Azad Jammu and Kashmir, Muzaffarabad S.9(c)----Criminal Procedure Code (V of 1898), S. 426---Possession of narcotics---Suspension of sentence pending appeal---Scope---Application filed by appellant/accused under S.426, Cr.P.C was rejected---Validity---Accused/appellant was convicted for the offence under S.9(c) Control of Narcotic Substances Act, 1997 and was sentenced to four years---Provisions of S.426, Cr.P.C do not grant an absolute right to bail upon conviction but rather require the demonstration of exceptional circumstances warranting the suspension of the sentence---Appellant had failed to establish any compelling reasons that would justify interference at this stage---Offence under S.9(c) falls within the ambit of special law, which is to be interpreted and applied in accordance with the legislative intent rather than in light of general criminal jurisprudence---Provisions governing narcotics offences underscore the gravity of such crimes and necessitate a strict application of sentencing laws to serve as a deterrent---In the present case, the appeal of the appellant was filed on 10.01.2024, and there was no evidence to suggest any unreasonable delay in its adjudication---Since the statutory requirement of prolonged pendency had not been met, the appellant was not entitled to be released on bail under the provision of Section 426, Cr.P.C---Applicant had failed to point out any illegality in the impugned judgment, thus, the same was dismissed.

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