Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: DAUL A T KHAN VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Hamid Ali Mirza, Rana Bhagwan Das, Sayed Saeed Ashhad Title: DAUL A T KHAN vs THE STATE Case No.: Criminal Petition No,2-K of 2007 Date of Judgment:2007-02-13 Reported As: 2007 SCMR 1437 Result: Leave granted
Judgment ORDER ' In this petition arising out of Sindh High Court judgment dated 5-12-2006 upholding the conviction and sentence of the petitioner under section 9(c) of the Control of Narcotic Substances Act, 1997 by Special Court-1, C.N.S. Karachi, sole question for examination appears to be whether the petitioner can be held guilty for possessing 30 kilograms of contraband Charas when out of 30 packets possessed by petitioner, sample was drawn only from one packet which on examination was found to be narcotic substance by the Chemical Examiner. A reference has been made to the judgment reported as Waris Khan v. State 2006 SCM R 1051 and Muhammad Hashim v. State PLD 2004 SC 856. 2. Leave to appeal is accordingly granted to consider the aforesaid question and to examine whether the sentence awarded to the petitioner was harsh and excessive in view of drawal of a sample only from one packet.