MUHAMMAD SHAHID vs State S — 2025 PLD 35 ISLAMABAD

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MUHAMMAD SHAHID VS State S. 9(c)---Transfer of Offenders Ordinance (XXXVII of 2002), Ss. 6 & 9---Possession of narcotic substances---Appreciation of evidence---Foreign judgment---Transfer of offender---Scope---Prosecution case was that 8.3545 kilograms heroin was recovered from the possession of accused---Record showed that the accused was arrested in the year 2010 in Sri Lanka on the charges of trafficking 8.3545 kilograms heroin and after a full fledged trial, he was convicted and sentenced to death by the High Court of Negombo in Sri Lanka---However, sentence of accused was later commuted to life imprisonment by the President of Sri Lanka---Accused was subsequently transferred to Pakistan under the Transfer of Offenders Ordinance, 2002 ('Ordinance') for serving out the remaining portion of his sentence---Case of the accused was that since he was convicted for possessing 8.246 kilograms of heroin, therefore his sentence be reduced to 14 years under S. 9(c) of Control of Narcotic Substances Act, 1997, particularly keeping in view the proviso thereof---Validity---Court in Pakistan could not act as a Court of appeal or revision in respect of the order of imprisonment inflicted upon the offender in a foreign State---In fact the offender was transferred to Pakistan to serve out his sentence after his conviction and sentence had attained finality in the foreign State---Scope of interference under subsection (4) of S. 9 of the Ordinance is limited to a case where the sentence of imprisonment imposed upon the transferred offender is incompatible with the laws of Pakistan---In the case in hand, the accused had been transferred to Pakistan to serve out the sentence of imprisonment for life, which as per S. 9(3) of Control of Narcotic Substances Act, 1997, is imprisonment in jail for a period of twenty-five years---Punishment provided in S. 9(c) Control of Narcotic Substances Act, 1997, for possessing narcotic drugs, psychotropic substance or controlled substances weighing more than 01 kilograms, is death or imprisonment for life or imprisonment for a term which may extend to fourteen years---Purpose of the proceedings under S. 9(4) of the Ordinance is not to sit in appeal or revision over the original order of a Court of foreign State, rather to remove the incompatibility of the foreign sentence with the municipal laws of Pakistan---In the case in hand, possessing heroin weighing more than 08 kilograms is punishable under S. 9(c) Control Narcotic Substances Act, 1997, and the sentence of life imprisonment is provided thereunder---Principle that when a statute provides for more than one type of sentences, then the accused shall be awarded punishment which is less severe, is observed by the Courts while inflicting sentences on conclusion of trial after recording of evidence within the municipal laws of Pakistan---In the case in hand, the accused had exhausted the available legal remedies against the original order of conviction in Sri Lanka and consequently his death sentence was converted into life imprisonment---Such sentence could, therefore, not be reviewed, modified, reduced or otherwise altered by Courts in Pakistan, except the proceedings under S. 9(4) of the Ordinance, which power is limited to "adoption of corresponding sentence as far as practicable to the sentence imposed on the offender by the Courts of a foreign State" that too in case of incapability of the sentences of transferring and receiving States---Thus, the sentence of life imprisonment inflicted upon the accused by the foreign State was compatible with sentence provided in S. 9(c) Control Narcotic Substances Act, 1997, and did not call for interference by way of "adoption"---Appeal was dismissed accordingly.

MUHAMMAD SHAHID vs State S — 2025 PLD 35 ISLAMABAD

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