PLD 2009 LHR 362

The page cannot be found http://www.plsbeta.com/LawOnline/law/topbar.
asp
The page cannot be found

The page you are looking for might have been removed, had its name changed, or is
temporarily unavailable.
Please try the following:
Make sure that the Web site address displayed in the address bar of your
browser is spelled and formatted correctly.
If you reached this page by clicking a link, contact the Web site administrator to
alert them that the link is incorrectly formatted.
Click the Back button to try another link.
HTTP Error 404 - File or directory not found.

Internet Information Services (IIS)
Technical Information (for support personnel)
Go to Microsoft Product Support Services and perform a title search for the
words HTTP and 404.
Open IIS Help, which is accessible in IIS Manager (inetmgr), and search for
topics titled Web Site Setup, Common Administrative Tasks, and About
Custom Error Messages.
1 of 1 4/1/2019, 3:16 PM
Case Judgement http://www.plsbeta.com/LawOnline/law/content21.asp?Casedes=2009L55
P L D 2009 Lahore 362
Before Asif Saeed Khan Khosa, Tariq Shamim and M.A. Zafar, JJ
GHULAM MURTAZA and another---Appellants
Versus
THE STATE---Respondent
Criminal Appeal No.284-J of 2008, decided on 27th March, 2009.
(a) Administration of justice---
----Principles---Quintessence of the Civilization's evolution and growth in the legal field is a progression
from dispensation of justice according to the principle of "justice, equity and good conscience" to "justice
according to law"---Rationale or raison d'etre for this momentum, quite easy to discern and comprehend, is
that justice ought not to be administered according to whims, caprice or subjective standards of an individual
judge but it should be dispensed according to some codified or stipulated standards so as to render the
outcome consistent and reasonably predictable---Predictability of judicial response to an action or inaction of
a person is important because, by and large, people living in a community adapt or mould their conduct
keeping in view the law of the land and a probable judicial reaction to their actions or inactions---Essence,
therefore, is that, proverbially speaking, justice should not vary with the size of the chancellor's foot but a
person inviting a legal intervention into his conduct should be able to appreciate in advance as to how he is
likely to be treated by a judge dealing with application of the relevant law to that persons' conduct---
Uniformity and standardization of judicial response to similar legal situations cannot, thus, be
overemphasized.
(b) Control of Narcotic Substances Act (XXVII of 1997)---
----S. 9(a)(b) & (c)---Sentence---High Court, after having pondered and mulled over the issue of sentence
from diverse angles including legal, social and economic perspectives, approved and prescribed the normal
and standard sentences for different quantities of various contraband narcotic substances recovered in
connection with the control of Narcotic Substances Act, 1997 and provided charts and principles therefor.
On the basis of the Reference made by the Division Bench of the High Court the Chief Justice constituted the
Full Bench for the purpose of formulating a sentencing policy for cases involving recovery of contraband
narcotic substances under the Control of Narcotic Substances Act, 1997.
Of late it had been noticed by the High Court that in the matter of passing sentences in cases of recovery of
contraband narcotic substances under the Control of Narcotic Substances Act, 1997 different Judges, both at
the trial and the appellate stages, had been passing sentences upon convicts placed in similar situations which
sentences were quite often hideously variable as they oscillated and fluctuated between unduly lenient and
grossly oppressive. Such discrepant and vacillating judicial responses to similar situations not only gave rise
to confusion and uncertainty but they also encouraged unscrupulous litigants and lawyers to try to shop for a
suitable Judge.
High Court carried out a survey of all the cases reported in various Law Reports/Journals of the country to
find out the sentencing trends of different courts and Judges in cases involving recovery of contraband
narcotic substances under the Control of Narcotic Substances Act, 1997 and the information gathered through
the said survey showed, and showed quite strikingly, that the sentencing trends in cases of recovery of
contraband narcotic substances vary quite sharply and judicial responses in that regard differ quite drastically
even in situations which may be similar, if not identical. Such variable approaches clearly underscored the
importance of uniformity and standardization in the matter of sentencing in this area and, thus, the efficacy
and necessity of adopting a sentencing policy in that regard could not be overstated.
The maximum sentences provided by the Control of Narcotic Substances Act, 1997 for different quantities of
the recovered contraband narcotic substances were as follows:
Section 9(a): (if the recovered quantity is 100 grams or less). Imprisonment up to 2 years or fine or both.
Section 9(b): (if the recovered quantity exceeds 100 grams but does not exceed 1 kilogram). Imprisonment
1 of 11 4/1/2019, 3:16 PM
up to 7 years and fine.
Section 9(c): (if the recovered quantity exceeds 1 kilogram). Death or imprisonment for life or imprisonment
up to 14 years and fine up to one million Rupees.
If the recovered quantity exceeds 10 kilograms then the sentence is not to be less than imprisonment for life.
It was conspicuously noticeable that the sentences provided for by the Control of Narcotic Substances Act,
1997 were prescribed with reference to quantity of the recovered contraband narcotic substance and not with
reference to the kind or nature of the recovered contraband narcotic substance. Different kinds of contraband
narcotic substances covered by the Control of Narcotics Substances Act, 1997 vary sharply in their harmful
nature or dangerous effects as a huge quantity of one substance may be less harmful or dangerous than a
small quantity of another substance. Thus, in many situations a sentencing approach based only upon quantity
of the recovered substance may lead to unjust and oppressive results and to punishments which may be
unduly cruel and harsh.
In the above mentioned backdrop, keeping in view the accumulated judicial wisdom and experience and
balancing the same with the interests of justice in the overall social and economic context, sentences were
approved and prescribed by the High Court as the normal and standard sentences for different quantities of
various contraband narcotic substances recovered in connection with the Control of Narcotic Substances Act,
1997.
Chart showing sentence as to cases under S.9(a) of the Control of Narcotic Substances Act, 1997.
Chart showing sentence as to cases under S.9(b) of the Control of Narcotic Substances Act, 1997.
Chart showing sentence as to cases under S.9(c) of the Control of Narcotic Substances Act, 1997.
Consolidated chart showing sentences under S.9(a)(b)(c) of Narcotic Substances Act, 1997.
Principles to be followed as regards a previous convict, a woman and a child while sentencing them.
(c) Control of Narcotic Substances Act (XXVIII of 1997)---
----S. 9(a), (b) & (c)---Sentence---Principles to be followed as regards a previous convict, a woman and a
child while sentencing them.
Following principles are to be followed while sentencing a previous convict, a woman and a child:
A previous convict is to be awarded 1/3rd more sentence of imprisonment, fine and sentence in default of
payment of fine than the normal sentence prescribed above.
If the sentence of imprisonment against a previous convict calculated on the basis of the above principle
exceeds the maximum sentence of imprisonment prescribed by the law then the convict is to be awarded the
maximum sentence of imprisonment prescribed by the law and the fine to be imposed upon him and the
sentence of imprisonment in default of payment of fine are to be double the fine and double the sentence of
imprisonment in default of payment of fine prescribed as the normal sentence.
A woman and a child, because of their gender and tender age, are to be awarded 1/3rd less sentence of
imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed above.
The sentence of imprisonment to be passed against a woman or a child is to be a sentence of simple

imprisonment and the sentence of death may not be passed against them.
If a woman or a child is a previous convict then the sentence to be awarded is to be the same as for a male
previous convict except that the sentence of imprisonment for a woman or a child is to be a sentence of
simple imprisonment and the sentence of death may not be passed against them.
In a particular case carrying some special features relevant to the matter of sentence a Court may depart form
the norms and standards prescribed above but in all such cases the Court concerned shall be obliged to record
its reasons for such departure.
Muhammad Akram Khan Umar with Rana Afzal Razzaq Khan for Appellants.
2 of 11 4/1/2019, 3:16 PM
Farzana Shahzad Khan, Dy. Prosecutor-General for the State.
Date of hearing: 27th March, 2009.
JUDGMENT
ASIF SAEED KHAN KHOSA, J.---While hearing Criminal Appeal No. 284-J of 2008 involving alleged
recovery of some narcotic substance from the possession of the appellants therein a Division Bench of this
Court comprising of one of us, i.e. Tariq Shamim, J. and Parvaiz Ali Chawla, J. passed the following order on
4-3-2009:--
"In the instant case suo motu notice was issued by us to the appellant as the learned trial court had
sentenced him to two years' imprisonment in terms of section 9(c) of the Control of Narcotic
Substances Act, 1997, which, in our view, is meager and not commensurate with the sentence
provided under the law. We have noticed this problem in a number of cases. In view thereof, we refer
this matter to the honourable Chief Justice for constitution of a larger Bench in the last week of
March, 2009, if deemed appropriate, so that a uniform sentencing policy could be formulated in cases
of narcotics for the guidance of the trial courts."
On the basis of that Reference made by the Division Bench the Hon'ble Chief Justice was pleased to
constitute the present Full Bench for the purpose of formulating a sentencing policy for cases involving
recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997.
2. We have heard the learned counsel for the parties at some length and have pondered and mulled over the
issue from diverse angles including legal, social and economic perspectives.
3. The quintessence of the civilization's evolution and growth in the legal field is a progression from
dispensation of justice according to the principle of "justice, equity and good conscience" to "justice
according to the law". The rationale or raison d'etre for this momentum, quite easy to discern and
comprehend, is that justice ought not to be administered according to the whims, caprice or subjective
standards of an individual Judge but it should be dispensed according to some codified or stipulated standards
so as to render the outcome consistent and reasonably predictable. Predictability of judicial response to an
action or inaction of a person is important because, by and large, people living in a community adapt or
mould their conduct keeping in view the law of the land and a probable judicial reaction to their actions or
inactions. The essence, therefore, is that, proverbially speaking, justice should not vary with the size of the
Chancellor's foot but a person inviting a legal intervention into his conduct should be able to appreciate in
advance as to how he is likely to be treated by a Judge dealing with application of the relevant law to that
person's conduct. Uniformity and standardization of judicial response to similar legal situations cannot, thus,
be overemphasized.
4. Of late it has been noticed by this Court that in the matter of passing sentences in cases of recovery of
contraband narcotic substances under the Control of Narcotic Substances Act, 1997 different Judges, both at
the trial and the appellate stages, have been passing sentences upon convicts placed in similar situations
which sentences are quite often hideously variable as they oscillate and fluctuate between unduly lenient and
grossly oppressive. Such discrepant and vacillating judicial responses to similar situations not only give rise
to confusion and uncertainty but they also encourage unscrupulous litigants and lawyers to try to shop for a
suitable Judge.
5. We have carried out a survey of all the cases reported in various Law Reports/Journals of the country to
find out the sentencing trends of different courts and Judges in cases involving recovery of contraband
narcotic substances under the Control of Narcotic Substances Act, 1997 and the information gathered through
the said survey shows, and shows quite strikingly, that the sentencing trends in cases of recovery of
contraband narcotic substances vary quite sharply and judicial responses in that regard differ quite drastically
even in situations which may be similar, if not identical. Such variable approaches clearly underscore the
importance of uniformity and standardization in the matter of sentencing in this area and, thus, the efficacy
and necessity of adopting a sentencing policy in that regard cannot be overstated.
6. The maximum sentences provided by the Control of Narcotic Substances Act, 1997 for different quantities
of the recovered contraband narcotic substances are as follows:--
Section 9(a): (if the recovered quantity is 100 grams or less) Imprisonment upto 2 years or fine or
3 of 11 4/1/2019, 3:16 PM
both.
Section 9(b): (if the recovered quantity exceeds 100 grams but does not exceed 1 kilogram)
Imprisonment upto 7 years and fine.
Section 9(c): (if the recovered quantity exceeds 1 kilogram)
Death or imprisonment for life or imprisonment upto 14 years and fine up to one million Rupees.
If the recovered quantity exceeds 10 kilograms then the sentence is not to be less than imprisonment
for life.
It is conspicuously noticeable that the sentences provided for by the Control of Narcotic Substances Act,
1997 are prescribed with reference to quantity of the recovered contraband narcotic substance and not with
reference to the kind or nature of the recovered contraband narcotic substance. Different kinds of
contraband narcotic substances covered by the Control of Narcotic Substances Act, 1997 vary sharply in
their harmful nature or dangerous effects as a huge quantity of one substance may be less harmful or
dangerous than a small quantity of another substance. Thus, in many situations a sentencing approach
based only upon quantity of the recovered substance may lead to unjust and oppressive results and to
punishments which may be unduly cruel and harsh.
7. In the above mentioned backdrop, keeping in view the' accumulated judicial wisdom and experience and
balancing the same with the interests of justice in the overall social and economic context, the following
sentences are approved and prescribed as the normal and standard sentences for different quantities of
various contraband narcotic substances recovered in connection with the Control of Narcotic Substances
Act, 1997:
Cases under Section 9(a)

of the Control of Narcotic Substances Act, 1997
Recovered Quantity Normal Sentence

Substance
Bhang Upto 30 grams Imprisonment: SI for 3 months and Fine: Rs.
1,000 or in default SI for 15 days
Bhang Exceeding 30 grams and Imprisonment: SI for 6 months and Fine: Rs.
upto 60 grams 2,000 or in default SI for 1 month
upto 100 grams 3,000 or in default SI for 1 month and 15 days
Poast Upto 30 grams Imprisonment: SI for 4 months and Fine: Rs.
1,500 or in default SI for 1 month
Poast Exceeding 30 grams and Imprisonment: SI for 7 months and Fine: Rs.
upto 100 grams 3,500 or in default SI for 2 months
Opium Upto 30 grams Imprisonment: SI for 5 months and Fine: Rs.
2,000 or in default SI for 1 month and 15 days
Opium Exceeding 30 grams and Imprisonment: SI for 8 months and Fine: Rs.
upto 100 g r a m s 4,000 or in default SI for 2 months and 15 days
Charas Upto 30 grams Imprisonment: RI for 6 months and Fine: Rs.
3,000 or in default SI for 2 months
Charas Exceeding 30 grams and Imprisonment: RI for 9 months and Fine: Rs.
upto 60 grams 5,000 or in default SI for 2 months and 15 days
Charas Exceeding 60 grams and Imprisonment: RI for 1 year and Fine: Rs.
_ Heroin Upto 30 grams Imprisonment: RI for 7 months and Fine: Rs.
5,000 or in default SI for 2 months and 15 days
Heroin Exceeding 30 grams and Imprisonment: RI for 10 months and Fine: Rs.
4 of 11 4/1/2019, 3:16 PM
Heroin Exceeding 60 grams and Imprisonment: RI for 1 year and 1 month and
upto 100 grams Fine: Rs. 9,000 or in default SI for 3 months
and 15 days
Cases under Section 9(b)


Substance
Bhang Exceeding 100 grams Imprisonment: RI for 1 year and Fine: Rs.
and upto 300 grams 4,000 or in default SI for 2 months
Bhang Exceeding 300 grams Imprisonment: RI for 1 year and 3 months and
and upto 600 grams Fine: Rs..5,000 or in default SI for 2 months
and 15 days
Bhang Exceeding 600 grams Imprisonment: RI for 1 year and 6 months and
and upto 1000 grams Fine: Rs. 6,000 or in default SI for 3 months
Poast Exceeding 100 grams Imprisonment: RI for 1 year and 1 month and
and 15 days
Poast Exceeding 300 grams Imprisonment: RI for 1 year and 4 months and
Poast Exceeding 600 grams Imprisonment: RI for 1 year and 7 months and
and 15 days
Opium Exceeding 100 grams Imprisonment: RI for 1 year and 2 months and
and upto 300 grams Fine: Rs. 5,000 or in default SI for 3 Months
Opium Exceeding 300 grams Imprisonment: RI for 1 year and 5 months and
and 15 days
Opium Exceeding 600 grams Imprisonment: RI for 1 year 8 months and
Charas Exceeding 100 grams Imprisonment: RI for 1 year and 3 months and
and 15 days
and upto 1000 grams Fine: Is. 13,000 or in default SI for 4 months
and 15 days
Heroin Exceeding 100 grams Imprisonment: RI for 1 year and 4 months and
and 15 days
Cases under Section 9(c)


Substance
Bhang Exceeding 1 kilogram and Imprisonment: RI for 2 years and Fine: Rs.
upto 2 kilograms 7,000 or in default SI for 3 months and 15 days
Bhang Exceeding 2 kilograms Imprisonment: RI for 3 years and Fine: Rs.
and upto 3 kilograms 8,000 or in default SI for 4 months
and upto 4 kilograms 9,000 or in default SI for 4 months and 15 days
5 of 11 4/1/2019, 3:16 PM

and upto 6 kilograms 11,000 or in default SI for 5 months and 15
days
days
and upto 10 kilo rams 15,000 or in default SI for 7 months and 15
days
Bhang More than 10 Kilograms Imprisonment for life and Fine: Rs. 25,000 or
in default SI for 1 year
Poast Exceeding 1 kilogram and Imprisonment: RI for 3 years and Fine: Rs.
upto 2 kilograms 7,500 or in default SI far 4 Months
Poast Exceeding 2 kilograms Imprisonment: RI for 4 years and Fine: Rs.
days
days
days
Poast More than 10 kilograms Imprisonment for life and Fine: Rs. 30,000 or
in default SI for 1 year and 4 months
Opium Exceeding 1 kilogram and Imprisonment: RI for 4 years and Fine: Rs.
Opium Exceeding 2 kilograms Imprisonment: RI for 5 years and Fine: Rs.
days
days
days
Opium Exceeding 8 kilograms Imprisonment: RI for 11 years and Fine: Rs:
6 of 11 4/1/2019, 3:16 PM

days
Opium More than 10 Kilograms Imprisonment for life and Fine: Rs. 35,000 or
in default SI for year and 6 months _1
Charas Exceeding 1 kilogram and Imprisonment: RI for 4 years 6 months and
upto 2 kilograms Fine: Rs. 20,000 or in default SI for 5 months
Charas Exceeding 2 kilograms Imprisonment: RI for 5 years and 6 months and
and upto 3 kilograms Fine: Rs. 25,000 or in default SI for 5 months
and 15 days
and 15 days
and upto 7 kilograms Fine: Rs. 45,00Q or in default SI for 7 months
and 15 days
Charas Exceeding 7 kilograms Imprisonment: RI for 10 years and 6 months
and upto 8 kilograms and Fine: Rs. 50,000 or in default SI for 8
months
months and 15 days
months
Charas More than 10 kilograms Imprisonment for life or Death and Fine: Rs.
100,000 or in default SI for 1 year
Heroin Exceeding 1 kilogram and Imprisonment: RI for .6 years and Fine: Rs.
upto 2 kilograms 30,000 or in default SI for 6 months
Heroin Exceeding 2 kilograms Imprisonment: RI for 7 years and Fine: Rs.
and upto 5 kilograms . 90,000 or in default SI for 9 months
and upto 6 kilograms 1,10,000 or in default SI for 10 months
H e r o i n Exceeding 6 kilograms Imprisonment: RI for 11 years and Fine: Rs.
and upto 8 kilograms 1,50,000 or in default SI for 1 year
and upto 9 kilograms 1,70,000 or in default SI for 1 year and 1
month
months
Heroin More than 10 Kilograms Imprisonment for life or Death and Fine: Rs.
3,00,000 or in default SI for 1 year and 6
months
8. The chart prepared above can also be arranged in the following manner:

Substance
Bhang Upto 30 grams Imprisonment: SI for 3 months and Fine: Rs.
1,000 or in default SI lot 15 days
7 of 11 4/1/2019, 3:16 PM
upto 60 grams 2,000 or in default SI for 1 month
Bhang Exceeding 100 grams and Imprisonment: RI for 1 year and Fine: Rs.
Bhang Exceeding 300 grams and Imprisonment: RI for 1 year and 3 months and
and 15 days
Bhang Exceeding 600 grains and Imprisonment: RI for 1 year and 6 months and
_ Bhang Exceeding 1 kilogram and Imprisonment: RI for 2 years and Fine: Rs.
days
days
days
Bhang More than 10 Kilograms Imprisonment for life and Fine: Rs. 25,000 or
in default SI for 1 year
Poast Upto 30 grams Imprisonment: SI for 4 months and Fine: Rs.
1,500 or in default SI for 1 month
Poast, Exceeding 30 grams and Imprisonment: SI for 7 months and Fine: Rs.
Poast Exceeding 100 grams and Imprisonment: RI for 1 year and 1 month and
and 15 days
Poast Exceeding 300 grams and Imprisonment: RI for 1 year and 4 months and
Poast Exceeding 600 grams and Imprisonment: RI for 1 year and 7 months and
and 15 days
Poast Exceeding 1 kilogram and Imprisonment: RI for 3 years and Fine: Rs.
days
8 of 11 4/1/2019, 3:16 PM

days
days
Poast More than 10 Kilograms Imprisonment for life and Fine: Rs. 30,000 or
Opium Upto 30 grams Imprisonment: SI for 5 months and Fine: Rs.
2,000 or in default SI for 1 month and 15 days
Opium Exceeding 100 grams and Imprisonment: RI for 1 year and 2 months and
Opium Exceeding 300 grams and Imprisonment: RI for 1 year and 5 months and
and 15 days
Opium Exceeding 600 grams and Imprisonment: RI for 1 year 8 months and
Opium Exceeding 1 kilogram and Imprisonment: RI for 4 years and Fine: Rs.
days
days
days
days
Opium More than 10 Kilograms Imprisonment for life and Fine: Rs. 35,000 or
Charas Upto 30 grams Imprisonment: RI for 6 months and Fine: Rs.
3,000 or in default SI for 2 months
Charas Exceeding 30 grams and Imprisonment: RI for 9 months and Fine: Rs.
Charas Exceeding 60 grams and Imprisonment: RI for 1 year and Fine: Rs.
Charas Exceeding 100 grams and Imprisonment: RI for 1 year and 3 months and
and 15 days
9 of 11 4/1/2019, 3:16 PM
and 15 days
Charas Exceeding 1 kilogram and Imprisonment: RI for 4 years 6 months and
upto 2 kilograms Fine: Rs. 20,000 or in default SI for 5 months
and 15 days
and 15 days
and 15 days
months
months and 15 days
months
Charas More than 10 kilograms Imprisonment for life or Death and Fine: Rs.
1,00,000 or in default S for 1 year
Heroin Upto 30 gram Imprisonment: RI for 7 months and Fine: Rs.
5,000 or in default SI for months and 15 days
Heroin Exceeding 30 grams and Imprisonment: RI for 10 months and Fine: Rs.
upto 60 grams 7,000 or in default SI for months
Heroin Exceeding 60 grams and Imprisonment: RI for 1 year and month and
upto 100 grams Fine: Rs. 9,000 or in default SI for months and
15 days
Heroin Exceeding 100 grams and Imprisonment: RI for 1 year and months and
Heroin Exceeding 300 grams and Imprisonment: RI for 1 year and months and
and 15 days
Heroin Exceeding 600 grams and Imprisonment: RI for 1 year and 10 months and
Heroin Exceeding 1 kilogram and Imprisonment: RI for 6 years and Fine: Rs.
and upto 8 kilograms 1,50,000 or in default SI for 1 year
month
10 of 11 4/1/2019, 3:16 PM

months
Heroin More than 10 kilograms Imprisonment for life or Death and Fine: Rs.
3,00,000 or in default SI for 1 year and 6
months
9. As regards a previous convict, a woman and a child the following principles may be followed while
sentencing them:
A previous convict is to be awarded 1/3'd more sentence of imprisonment, fine and sentence in default
of payment of fine than the normal sentence prescribed above.
If the sentence of imprisonment against a previous convict calculated on the basis of the above
principle exceeds the maximum sentence of imprisonment prescribed by the law then the convict is to
be awarded the maximum sentence of imprisonment prescribed by the law and the fine to be imposed
upon him and the sentence of imprisonment in default of payment of fine are to be double the fine and
double the sentence of imprisonment in default of payment of fine prescribed as the normal sentence.
A woman and a child, because of their gender and tender age, are to be awarded 1/3rd less sentence of
imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed
above.
The sentence of imprisonment to be passed against a woman or a child is to be a sentence of simple

imprisonment and the sentence of death may not be passed against them.
If a woman or a child is a previous convict then the sentence to be awarded is to be the same as for a
male previous convict except that the sentence of imprisonment for a woman or a child is to be a
sentence of simple imprisonment and the sentence of death may not be passed against them.
10. It goes without saying that in a particular case carrying some special features relevant to the matter of
sentence a court may depart from the norms and standards prescribed above but in all such cases the Court
concerned shall be obliged to record its reasons for such departure.
11. This Reference is answered and decided by us in the terms recorded above. The Office of this Court shall
now fix the above mentioned appeal and the other connected matters before the appropriate Division Benches
for their decision in accordance with the law.
12. The Office of this Court is directed to send a copy of this judgment to all the Judges of the Special Courts
(Control of Narcotic Substances), Sessions Judges and Additional Sessions Judges in the Province of the
Punjab for their information and guidance.
M.B.A./G-20/L Reference answered.
11 of 11 4/1/2019, 3:16 PM

PLD 2009 LHR 362

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

PLD 2009 LHR 362

Uploaded by

Copyright:

Available Formats

The page cannot be found http://www.plsbeta.com/LawOnline/law/topbar.

The page cannot be found

Please try the following:

HTTP Error 404 - File or directory not found.

Technical Information (for support personnel)

P L D 2009 Lahore 362

GHULAM MURTAZA and another---Appellants

Criminal Appeal No.284-J of 2008, decided on 27th March, 2009.

(a) Administration of justice---

(b) Control of Narcotic Substances Act (XXVII of 1997)---

up to 7 years and fine.

(c) Control of Narcotic Substances Act (XXVIII of 1997)---

The sentence of imprisonment to be passed against a woman or a child is to be a sentence of simple

Farzana Shahzad Khan, Dy. Prosecutor-General for the State.

Date of hearing: 27th March, 2009.

Imprisonment upto 7 years and fine.

Section 9(c): (if the recovered quantity exceeds 1 kilogram)

Cases under Section 9(a)

Recovered Quantity Normal Sentence

Cases under Section 9(b)

Recovered Quantity Normal Sentence

Cases under Section 9(c)

Recovered Quantity Normal Sentence

Bhang Exceeding 4 kilograms Imprisonment: RI for 5 years and Fine: Rs.

Opium Exceeding 9 kilograms Imprisonment: RI for 12 years and Fine: Rs.

Recovered Quantity Normal Sentence

Poast Exceeding 6 kilograms Imprisonment: RI for 8 years and Fine: Rs.

Heroin Exceeding 9 kilograms Imprisonment: RI for 14 years and Fine: Rs.

The sentence of imprisonment to be passed against a woman or a child is to be a sentence of simple

M.B.A./G-20/L Reference answered.

You might also like