Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: NIGERIAN NATIONAL VS Respondent: THE STATEHonorable Justice GHULAM NABI SOOMRONIGERIAN NATIONAL,THE STATE,Habib Ahmad
2003 P Cr
2003 P Cr. L J 440
[Karachi]
Before Ghulam Nabi Soomro and M. Ashraf Leghari, JJ
NIGERIAN NATIONAL---Appellant
Versus
THE STATE---Respondent
Criminal T.A. No.233 of 2001, decided on 24th January, 2002.
Criminal Procedure Code (V of 1898)---
----S. 412---Control of Narcotic Substances Act (XXV of 1997), S.9-- Appreciation of evidence---Appeal for reduction of sentence---Accused, a foreign national was found carrying in his belly 58 capsules of heroin powder weighing about 956 grams and was apprehended and later was challaned for trial before Special Court---Accused pleaded guilty to the charge and was punished with R.I. for five years and fine and accused in his appeal had prayed for reduction of sentence---In view of quantity of narcotics recovered from accused and keeping in view, the fact that crime was being repeated since some years in the past, in that fashion, sentence recorded against accused was proper---Maximum punishment provided for offence committed by accused under law was R.I. for seven years and fine---In absence of any legal flaw in the judgment passed by Trial Court, appeal filed by accused for reduction of sentence was dismissed.
Habib Ahmad, A.A.-G. for the State.
Date of hearing: 24th January, 2002.
ORDER
GHULAM NABI SOOMRO, J.--- The appellant, a Nigerian National, on 19-5-2001. was found carrying in his belly some 58 capsules of heroin powder weighing about 956 grams and was apprehended at the Quid-e-Azam International Airport, Karachi. He was later challaned for trial before Special Court, Control of Narcotic Substances, Karachi Division. At trial a charge against him was framed accordingly.
2. Having pleaded guilty to the charge he has been punished with R.I. for five years and fine of Rs.50,000.
3. The prayer made by the appellant through this jail appeal is for reduction of sentence.
4. We have gone through the record and heard the parties. An appeal against such sentence is provided under section 412, Cr.P.C. only, which contemplates its maintainability only to the extent or legality of such sentence. Looking to the quantity of narcotics and keeping in view, the fact that this crime is being repeated since some years in the past, in this fashion, we are of the view that the sentence recorded against the appellant is proper. The maximum punishment provided for the offence under the law is R.I. for seven years and fine. No legal flaw in the impugned judgment is further noticed or pointed out. Consequently, the appeal is dismissed. The appellant is remanded to jail custody.
H.B.T./N-108/K Appeal dismissed.