SAJID KHAN vs STATE — 2026 PLD 288 SUPREME-COURT

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SAJID KHAN VS STATE. S. 9(a)---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S. 9---Constitution of Pakistan, Art. 143---Recovery of narcotic substance---Re-appraisal of evidence---Federal and Provincial law---Inconsistency---Principle---Federal Court and Provincial Court---Jurisdiction---Methamphetamine (ICE) weighing one kilogram was recovered from the possession of accused---First Information Report was registered under Federal law but Trial Court convicted the accused under Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 for imprisonment for ten years and fine---Plea raised by accused was that under Federal legislation lesser punishment was provided than that under Provincial legislation---Validity---Punishment under Provincial law is more stringent, prescribing mandatory minimum sentence and a higher maximum term of imprisonment---Provision of Control of Narcotic Substances Act, 1997 is a Federal law and occupies the field and prevails over Provincial legislation---Resolution of such conflict is dictated by Article 143 of the Constitution---Trial Court as well as Lower Appellate Court fell into error of law by applying Provincial law---Once FIR was registered under Federal law and evidence was recorded by Special Court established and notified under Federal law, the accused could only be convicted and sentenced under the provision of Control of Narcotic Substances Act, 1997---Accused could be sentenced under the law that was Constitutionally valid and applicable---Supreme Court converted conviction and sentence awarded to accused from Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 to one under Control of Narcotic Substances Act, 1997 and reduced the sentence to imprisonment for five years---Appeal was dismissed.

SAJID KHAN vs STATE — 2026 PLD 288 SUPREME-COURT

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