Crl. Revision Application No.245 of 2012
Date Order with signature of the Judge
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Mr. Habib Ahmed, Special Prosecutor ANF.
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Learned Special Prosecutor ANF contends that on recovery of 14.740 Kg of heroin powder respondent/accused Syed Qamar Hussain and one Imdad Hussain were tried for an offence under Section 6/9-C of the CNS Act, 1997 and respondent Syed Qamar Shah upon being found guilty was convicted for an offence under Section 6/9-C CNS Act, 1997 but was sentenced to suffer R.I. for a term of 2-1/2 years with fine of Rs.25,000/- and in default to further undergo R.I. for one month. Per counsel the punishment is not commencerate with the provisions of CNS Act, 1997. We have totally failed to understand if the respondent according to the impugned judgment was found guilty and was convicted under Section 6/9-C upon recovery of 14.740 Kg of heroin powder then how could the Presiding Officer award sentence of 2-1/2 years. This appears to be a very serious state of affairs where drug paddler caught red handed with such a huge quantity of the most deadliest narcotic substances, are sentenced in a most casual manner. To our minds there is no justification that once the Presiding Officer has come to the conclusion that the respondent/accused was guilty of an offence under Section 6/9-C of CNS Act, 1997 and the recovery was 14.740 Kg, he could have awarded sentence of only 2-1/2 years. We have noticed in number of appeals, revisions filed by ANF against the order of this particular Presiding Officer where even the accused who had pleaded their guilt after recovery of substantial quantity of heroin powder were released by sentencing them for only months. Let order passed by this Bench in all such matters be placed together before the Hon’ble Chief Justice for consideration. Issue bailable warrants in the sum of Rs.50,000/- through concerned Police Station of A.N.F for 13.03.2013.
JUDGE
JUDGE