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STATE versus MST. FAZEELAT BIBI


Under section 9 (c), 15, 47 and 48 of the Criminal Code (v. 1898), sections 435 and 439 of the Constitution of Pakistan (1973), Article 199, appealed for the increase in conviction for being a drug addict, guilty. Was convicted and sentenced to two years. Eleven months \ RI filed an appeal on the basis of the confessional statement of the accused and the complainant under which they read in accordance with Rules 4835 and 439, with CRC PC for extension of sentence. Under the law, the state was unable to file an appeal to increase the sentence. There is no clause, explicitly and definitively, about the increase of punishment. That Section 48 of the Control of Drug Subjects provided only an appeal against a special court order and it was unclear whether the appeal was against the extension of sentence, verdict or sentence, or the right to appeal was construed as law. One place was granted and another was denied. It could not be read in the place where it was not provided and unless it was expressly and expressly given the right of appeal by the state, it would not exist, nor could the authorization of such a writ There is no scope to do that, nor can there be cases or situations which were not covered by the express clauses of the law, nor was any such rule contained in the criminal code nor enforced for any particular purpose. Went into special law. And it cannot be said that the courts do not have the power to do justice or to resolve any wrongdoing simply because of it. No clear provision of law can be found to meet the requirements of any case. Every court, for this purpose, expresses the law.

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