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Petitioner: MUHAMMAD AKRAM VS Respondent: StateHonorable Justice CRIMINAL MISCELLANEOUS NO.1 OF 2007N.A. Butt
2008 M L D 932
2008 M L D 932
[Lahore]
Before Sardar Muhammad Aslam and Muhammad Akram Qureshi, JJ
MUHAMMAD AKRAM---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.1 of 2007 in Criminal Appeal No.856 of 2007, decided on 18th December, 2007.
Criminal Procedure Code (V of 1898)---
----S. 426---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 15---Suspension of sentence---Accused could not be deemed to have acquired knowledge of concealment of narcotics by co-accused---Accused was simply driving a motorcycle---No recovery was effected from his person---Conviction, prima facie, had been based on presumption---Accused had made out a case for suspension of sentence---Sentence of accused was suspended accordingly.
N.A. Butt for Petitioner.
Ijaz Ahmad Bajwa, DPG for the State.
ORDER
CRIMINAL MISCELLANEOUS NO.1 OF 2007
Convict- applicant was tried in case F.I.R. No.127, dated 21-3-2006 registered under sections 9(c)/15 of C.N.S.A., 1997 at Police Station Sillanwali, District Sargodha by the learned Sessions Judge, Sargodha. The learned trial Judge vide his judgment, dated 21-5-2007 convicted the petitioner under sections 9-(c)/15 of C.N.S.A., 1997 and sentenced to 5 years along with fine of Rs. 10,000. Benefit of section 382-B, Cr.P.C. was given to him.
2. Through this petition, the petitioner seeks suspension of his sentence on the ground that no recovery was effected from the person of the convict-applicant and that he had no knowledge of the possession of narcotics by the co-accused concealed by him by fastening with a cloth wrapped in a plastic envelope around his legs.
3. Heard. Record perused.
4. Convict-applicant cannot be deemed to have acquired knowledge of concealment of narcotics by the co-accused. No recovery was effected from his person. He was simply driving a motorcycle. Conviction prima facie has been based on presumption. The petitioner has made out a case for suspension of sentence.
5. In view of above, this petition is allowed and the sentence of the petitioner is suspended subject to furnishing of bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of D.R. (Judi) of this Court.
H.B.T./M-59/L??????????????????????????????????????????????????????????????????????????????????? Sentence suspended.