Criminal Acquittal Appeal No.39 of 2013
Date Order with signature of the Judge
1. For order on MA No.862/2013 (Exemption).
2. For Katcha Peshi.
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Mr. Habib Ahmed, Special Prosecutor ANF.
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1. Exemption is granted subject to all just exceptions.
2. Learned Special Prosecutor ANF contends that upon recovery of 1.450 kg of heroin powder respondents upon his plead of guilt was convicted and sentenced to a period which he has already undergone with fine of Rs.50,000/-. It is contended that the respondent/convict was arrested on 17.6.2011 and convicted on 11.11.2011 and consequently sentence awarded comes to five months, though the offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, carries capital punishment. We would again observe that the judgment/order does not quantify the sentence in accordance with law. It further does not appear to be an honest dispensation, as the order on the plea of guilt neither specifies the quantity recovered from the respondent/convict nor gives date of arrest or period of sentence. Let copy of this order be placed before the Hon’ble Chief Justice for initiating disciplinary proceedings against the Presiding Officer, if deemed appropriate. Bailable warrants in the sum of Rs.50,000/- against the respondent be issued through concerned SHO of ANF for 06.3.2013.
JUDGE
JUDGE