MRS. FOZIA SULTANA versus PROVINCE OF SINDH THROUGH SECRETARY, HOME DEPARTMENT
Sections 9 (4) and 6 of the Control of the Narcotic Substance Act (XXV of 1997), Section 9 Criminal Procedure Code (V9 1898), Section 382B Constitution Pakistan, Article 199 Constitutional application to Pakistani citizens / offenders for the use of heroin in a foreign country. The foreign court found that the convicted offenders did not conform to Pakistan's relevant law. The transfer said that the culprits were already sentenced to maximum imprisonment for sentencing to Pakistan when they were convicted under the relevant Pakistani law. He was arrested on charges of possessing heroin in a foreign country and subsequently sentenced by a competent court to life imprisonment by a criminal court. The offenders had fulfilled the terms of Section 6 of the Transfer Ordinance 2002 and were deported and jailed under Section 9. He said that the conviction of the convicted persons act was that they had already heard the sentence, under the terms of their detention, under the law of Resume Pakistan and the benefit of Section 382B, CCPC. Which was longer than the maximum period imposed on them when they were convicted under Pakistani law, Section 9 of the Control of Punishment. Drug Addiction Act, 1997. According to the law of the foreign country, all the culprits were sentenced to life imprisonment, regardless of the type of heroin recovered, which was contrary to the penalties used to control narcotic substances. Section 9 may be punished. That they too were entitled to pardon under the Pakistan Jail Code (Prison Manual), including the benefit of Section 382B, CRPC, which would benefit the Anti-Narcotics Force.
Related judgments — Karachi High Court Sindh, 2013
