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Petitioner: Mst. TAJ BIBI VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Nawaz Abbasi, Sardar Muhammad Raza Khan Title: Mst. TAJ BIBI vs THE STATE Case No.: Jail Petition No,333 of 2005 Date of Judgment:2006-04-25 Reported As: 2007 SCMR 1591 Result: Order accordingly
JUDGMENT
JUDGMENT ' SARDAR MUHAMMAD RAZA KHAN, J.--- Mst. Taj Bibi seeks leave to appeal against the judgment, dated. 27-10-2004 of Lahore High Court, Rawalpindi Bench, whereby, her appeal was dismissed and she stood convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to rigorous imprisonment for eight years along with a fine of Rs,1,00,000. 2. The recovery is satisfactorily proved in the instant case reinforced by the physical arrest of the petitioner on the spot as well as the report of Chemical Examiner which is in positive. No, exception can be taken to the conviction aforesaid. 3. So far as the sentence is concerned, the petitioner seems to be a carrier and she being lady, we propose to take lenient view. We believe that a sentence of imprisonment for six years and fine of Rs,50,000, in the circumstances, would meet the ends of justice. Accordingly the jail petition, after conversion into appeal, is allowed to the extent of sentence alone. The imprisonment of eight years is reduced to six years with a fine of Rs,50,000 in default of payment whereof she would undergo simple imprisonment for six months. Benefit under section 382-B, Cr.P.C. Shall be available.