Citation Name: 2025 PCrLJ 624 KARACHI-HIGH-COURT-SINDHBookmark this Case Asghar Hussain vs State S — 2025 PCrLJ 624 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PCrLJ 624 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PCRLJ
Parties: Citation Name: 2025 PCrLJ 624 KARACHI-HIGH-COURT-SINDHBookmark this Case Asghar Hussain vs State S
Subject matter: Criminal
Provisions referred to: S. 9; 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: 2025 PCrLJ 624 KARACHI-HIGH-COURT-SINDHBookmark this Case Asghar Hussain VS State S. 9(c)---Constitution of Pakistan, Art. 12---Possession of narcotic substances---Appreciation of evidence---Protection against retrospective punishment---Sentence, reduction in---Prosecution case was that 2120 grams charas was recovered from the possession of appellant---Article 12 of the Constitution lays down that no law shall authorize the punishment of a person for an act or omission which was not punishable by law at the time when act or omission cropped up, or for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed---As per prosecution, the appellant committed the alleged offence on 14.08.2022---Provisions of S.9 of the Control of Narcotic Substances Act, 1997 ('Act of 1997'), inter alia, were amended by the Control of Narcotic Substances (Amendment) Act, 2022 ('Act of 2022') after the date of commission of alleged offence on 05.09.2022---Trial Court convicted the appellant and sentenced him under the amended S.9(1) of the Act of 1997, which being in violation of Art.12(b) of the Constitution required modification---Consequently, the conviction of the appellant was converted from amended S.9(1) to S.9(c) of the Act of 1997, which was enacted at the time the offence was committed, and his sentence was modified accordingly by reducing it from R.I for 9 years and fine of Rs.30,000/- to R.I for 5 years and six 6 months with fine of Rs.25,000/----Appeal was dismissed with modification in sentence.

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