P L D 2009 Lahore 362
P L D 2009 Lahore 362
Before Asif Saeed Khan Khosa, Tariq Shamim and M.A. Zafar, JJ
GHULAM MURTAZA and another---Appellants
Versus
THE STATE---Respondent
Criminal Appeal No.284-J of 2008, decided on 27th March, 2009.
(a) Administration of justice---
----Principles---Quintessence of the Civilization's evolution and growth in the legal field is a progression from dispensation of justice according to the principle of "justice, equity and good conscience" to "justice according to law"---Rationale or raison d'etre for this momentum, quite easy to discern and comprehend, is that justice ought not to be administered according to whims, caprice or subjective standards of an individual judge but it should be dispensed according to some codified or stipulated standards so as to render the outcome consistent and reasonably predictable---Predictability of judicial response to an action or inaction of a person is important because, by and large, people living in a community adapt or mould their conduct keeping in view the law of the land and a probable judicial reaction to their actions or inactions---Essence, therefore, is that, proverbially speaking, justice should not vary with the size of the chancellor's foot but a person inviting a legal intervention into his conduct should be able to appreciate in advance as to how he is likely to be treated by a judge dealing with application of the relevant law to that persons' conduct---Uniformity and standardization of judicial response to similar legal situations cannot, thus, be overemphasized.
(b) Control of Narcotic Substances Act (XXVII of 1997)---
----S. 9(a)(b) & (c)---Sentence---High Court, after having pondered and mulled over the issue of sentence from diverse angles including legal, social and economic perspectives, approved and prescribed the normal and standard sentences for different quantities of various contraband narcotic substances recovered in connection with the control of Narcotic Substances Act, 1997 and provided charts and principles therefor.
On the basis of the Reference made by the Division Bench of the High Court the Chief Justice constituted the Full Bench for the purpose of formulating a sentencing policy for cases involving recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997.
Of late it had been noticed by the High Court that in the matter of passing sentences in cases of recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997 different Judges, both at the trial and the appellate stages, had been passing sentences upon convicts placed in similar situations which sentences were quite often hideously variable as they oscillated and fluctuated between unduly lenient and grossly oppressive. Such discrepant and vacillating judicial responses to similar situations not only gave rise to confusion and uncertainty but they also encouraged unscrupulous litigants and lawyers to try to shop for a suitable Judge.
High Court carried out a survey of all the cases reported in various Law Reports/Journals of the country to find out the sentencing trends of different courts and Judges in cases involving recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997 and the information gathered through the said survey showed, and showed quite strikingly, that the sentencing trends in cases of recovery of contraband narcotic substances vary quite sharply and judicial responses in that regard differ quite drastically even in situations which may be similar, if not identical. Such variable approaches clearly underscored the importance of uniformity and standardization in the matter of sentencing in this area and, thus, the efficacy and necessity of adopting a sentencing policy in that regard could not be overstated.
The maximum sentences provided by the Control of Narcotic Substances Act, 1997 for different quantities of the recovered contraband narcotic substances were as follows:
Section 9(a): (if the recovered quantity is 100 grams or less). Imprisonment up to 2 years or fine or both.
Section 9(b): (if the recovered quantity exceeds 100 grams but does not exceed 1 kilogram). Imprisonment up to 7 years and fine.
Section 9(c): (if the recovered quantity exceeds 1 kilogram). Death or imprisonment for life or imprisonment up to 14 years and fine up to one million Rupees.
If the recovered quantity exceeds 10 kilograms then the sentence is not to be less than imprisonment for life.
It was conspicuously noticeable that the sentences provided for by the Control of Narcotic Substances Act, 1997 were prescribed with reference to quantity of the recovered contraband narcotic substance and not with reference to the kind or nature of the recovered contraband narcotic substance. Different kinds of contraband narcotic substances covered by the Control of Narcotics Substances Act, 1997 vary sharply in their harmful nature or dangerous effects as a huge quantity of one substance may be less harmful or dangerous than a small quantity of another substance. Thus, in many situations a sentencing approach based only upon quantity of the recovered substance may lead to unjust and oppressive results and to punishments which may be unduly cruel and harsh.
In the above mentioned backdrop, keeping in view the accumulated judicial wisdom and experience and balancing the same with the interests of justice in the overall social and economic context, sentences were approved and prescribed by the High Court as the normal and standard sentences for different quantities of various contraband narcotic substances recovered in connection with the Control of Narcotic Substances Act, 1997.
Chart showing sentence as to cases under S.9(a) of the Control of Narcotic Substances Act, 1997.
Chart showing sentence as to cases under S.9(b) of the Control of Narcotic Substances Act, 1997.
Chart showing sentence as to cases under S.9(c) of the Control of Narcotic Substances Act, 1997.
Consolidated chart showing sentences under S.9(a)(b)(c) of Narcotic Substances Act, 1997.
Principles to be followed as regards a previous convict, a woman and a child while sentencing them.
(c) Control of Narcotic Substances Act (XXVIII of 1997)---
----S. 9(a), (b) & (c)---Sentence---Principles to be followed as regards a previous convict, a woman and a child while sentencing them.
Following principles are to be followed while sentencing a previous convict, a woman and a child:
A previous convict is to be awarded 1/3rd more sentence of imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed above.
If the sentence of imprisonment against a previous convict calculated on the basis of the above principle exceeds the maximum sentence of imprisonment prescribed by the law then the convict is to be awarded the maximum sentence of imprisonment prescribed by the law and the fine to be imposed upon him and the sentence of imprisonment in default of payment of fine are to be double the fine and double the sentence of imprisonment in default of payment of fine prescribed as the normal sentence.
A woman and a child, because of their gender and tender age, are to be awarded 1/3rd less sentence of imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed above.
The sentence of imprisonment to be passed against a woman or a child is to be a sentence of simple imprisonment and the sentence of death may not be passed against them.
If a woman or a child is a previous convict then the sentence to be awarded is to be the same as for a male previous convict except that the sentence of imprisonment for a woman or a child is to be a sentence of simple imprisonment and the sentence of death may not be passed against them.
In a particular case carrying some special features relevant to the matter of sentence a Court may depart form the norms and standards prescribed above but in all such cases the Court concerned shall be obliged to record its reasons for such departure.
Muhammad Akram Khan Umar with Rana Afzal Razzaq Khan for Appellants.
Farzana Shahzad Khan, Dy. Prosecutor-General for the State.
Date of hearing: 27th March, 2009.
JUDGMENT
ASIF SAEED KHAN KHOSA, J.---While hearing Criminal Appeal No. 284-J of 2008 involving alleged recovery of some narcotic substance from the possession of the appellants therein a Division Bench of this Court comprising of one of us, i.e. Tariq Shamim, J. and Parvaiz Ali Chawla, J. passed the following order on 4-3-2009:--
"In the instant case suo motu notice was issued by us to the appellant as the learned trial court had sentenced him to two years' imprisonment in terms of section 9(c) of the Control of Narcotic Substances Act, 1997, which, in our view, is meager and not commensurate with the sentence provided under the law. We have noticed this problem in a number of cases. In view thereof, we refer this matter to the honourable Chief Justice for constitution of a larger Bench in the last week of March, 2009, if deemed appropriate, so that a uniform sentencing policy could be formulated in cases of narcotics for the guidance of the trial courts."
On the basis of that Reference made by the Division Bench the Hon'ble Chief Justice was pleased to constitute the present Full Bench for the purpose of formulating a sentencing policy for cases involving recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997.
2. We have heard the learned counsel for the parties at some length and have pondered and mulled over the issue from diverse angles including legal, social and economic perspectives.
3. The quintessence of the civilization's evolution and growth in the legal field is a progression from dispensation of justice according to the principle of "justice, equity and good conscience" to "justice according to the law". The rationale or raison d'etre for this momentum, quite easy to discern and comprehend, is that justice ought not to be administered according to the whims, caprice or subjective standards of an individual Judge but it should be dispensed according to some codified or stipulated standards so as to render the outcome consistent and reasonably predictable. Predictability of judicial response to an action or inaction of a person is important because, by and large, people living in a community adapt or mould their conduct keeping in view the law of the land and a probable judicial reaction to their actions or inactions. The essence, therefore, is that, proverbially speaking, justice should not vary with the size of the Chancellor's foot but a person inviting a legal intervention into his conduct should be able to appreciate in advance as to how he is likely to be treated by a Judge dealing with application of the relevant law to that person's conduct. Uniformity and standardization of judicial response to similar legal situations cannot, thus, be overemphasized.
4. Of late it has been noticed by this Court that in the matter of passing sentences in cases of recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997 different Judges, both at the trial and the appellate stages, have been passing sentences upon convicts placed in similar situations which sentences are quite often hideously variable as they oscillate and fluctuate between unduly lenient and grossly oppressive. Such discrepant and vacillating judicial responses to similar situations not only give rise to confusion and uncertainty but they also encourage unscrupulous litigants and lawyers to try to shop for a suitable Judge.
5. We have carried out a survey of all the cases reported in various Law Reports/Journals of the country to find out the sentencing trends of different courts and Judges in cases involving recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997 and the information gathered through the said survey shows, and shows quite strikingly, that the sentencing trends in cases of recovery of contraband narcotic substances vary quite sharply and judicial responses in that regard differ quite drastically even in situations which may be similar, if not identical. Such variable approaches clearly underscore the importance of uniformity and standardization in the matter of sentencing in this area and, thus, the efficacy and necessity of adopting a sentencing policy in that regard cannot be overstated.
6. The maximum sentences provided by the Control of Narcotic Substances Act, 1997 for different quantities of the recovered contraband narcotic substances are as follows:--
Section 9(a): (if the recovered quantity is 100 grams or less) Imprisonment upto 2 years or fine or both.
Section 9(b): (if the recovered quantity exceeds 100 grams but does not exceed 1 kilogram)
Imprisonment upto 7 years and fine.
Section 9(c): (if the recovered quantity exceeds 1 kilogram)
Death or imprisonment for life or imprisonment upto 14 years and fine up to one million Rupees.
If the recovered quantity exceeds 10 kilograms then the sentence is not to be less than imprisonment for life.
It is conspicuously noticeable that the sentences provided for by the Control of Narcotic Substances Act, 1997 are prescribed with reference to quantity of the recovered contraband narcotic substance and not with reference to the kind or nature of the recovered contraband narcotic substance. Different kinds of contraband narcotic substances covered by the Control of Narcotic Substances Act, 1997 vary sharply in their harmful nature or dangerous effects as a huge quantity of one substance may be less harmful or dangerous than a small quantity of another substance. Thus, in many situations a sentencing approach based only upon quantity of the recovered substance may lead to unjust and oppressive results and to punishments which may be unduly cruel and harsh.
7. In the above mentioned backdrop, keeping in view the' accumulated judicial wisdom and experience and balancing the same with the interests of justice in the overall social and economic context, the following sentences are approved and prescribed as the normal and standard sentences for different quantities of various contraband narcotic substances recovered in connection with the Control of Narcotic Substances Act, 1997:
Cases under Section 9(a)
of the Control of Narcotic Substances Act, 1997
Recovered Substance Quantity Normal Sentence
Bhang Upto 30 grams Imprisonment: SI for 3 months and Fine: Rs. 1,000 or in default SI for 15 days
Bhang Exceeding 30 grams and upto 60 grams Imprisonment: SI for 6 months and Fine: Rs. 2,000 or in default SI for 1 month
Bhang Exceeding 60 grams and upto 100 grams Imprisonment: SI for 9 months and Fine: Rs. 3,000 or in default SI for 1 month and 15 days
Poast Upto 30 grams Imprisonment: SI for 4 months and Fine: Rs. 1,500or in default SI for 1 month
Poast Exceeding 30 grams and upto 60 grams Imprisonment: SI for 7 months and Fine: Rs. 2,500 or in default SI for 1 month and 15 days
Poast Exceeding 60 grams and upto 100 grams Imprisonment: SI for 10 months and Fine: Rs. 3,500 or in default SI for 2 months
Opium Upto 30 grams Imprisonment: SI for 5 months and Fine: Rs. 2,000 or in default SI for 1 month and 15 days
Opium Exceeding 30 grams and upto 60 grams Imprisonment: SI for 8 months and Fine: Rs. 3,000 or in default SI for 2 months
Opium Exceeding 60 grams and upto 100 grams Imprisonment: SI for 11 months and Fine: Rs. 4,000 or in default SI for 2 months and 15 days
Charas Upto 30 grams Imprisonment: RI for 6 months and Fine: Rs. 3,000 or in default SI for 2 months
Charas Exceeding 30 grams and upto 60 grams Imprisonment: RI for 9 months and Fine: Rs. 5,000 or in default SI for 2 months and 15 days
Charas Exceeding 60 grams and upto 100 grams Imprisonment: RI for 1 year and Fine: Rs. 7,000or in default SI for 3 months
_ Heroin Upto 30 grams Imprisonment: RI for 7 months and Fine: Rs. 5,000 or in default SI for 2 months and 15 days
Heroin Exceeding 30 grams and upto 60 grams Imprisonment: RI for 10 months and Fine: Rs. 7,000 or in default SI for 3 months
Heroin Exceeding 60 grams and upto 100 grams Imprisonment: RI for 1 year and 1 month and Fine: Rs. 9,000 or in default SI for 3 months and 15 days
Cases under Section 9(b)
of the Control of Narcotic Substances Act, 1997
Recovered Substance Quantity Normal Sentence
Bhang Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and Fine: Rs. 4,000 or in default SI for 2 months
Bhang Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 3 months and Fine: Rs..5,000 or in default SI for 2 months and 15 days
Bhang Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 6 months and Fine: Rs. 6,000 or in default SI for 3 months
Poast Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 1 month and Fine: Rs. 4,500 or in default SI for 2 months and 15 days
Poast Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 4 months and Fine: Rs. 5,500 or in default SI for 3 months
Poast Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 7 months and Fine: Rs. 6,500 or in default SI for 3 months and 15 days
Opium Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 2 months and Fine: Rs. 5,000 or in default SI for 3 Months
Opium Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 5 months and Fine: Rs. 6,000 or in default SI for 3 months and 15 days
Opium Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year 8 months and Fine: Rs. 7,000 or in default SI for 4 months
Charas Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 3 months and Fine: Rs. 9,000 or in default SI for 3 months and 15 days
Charas Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 6 months and Fine: Rs. 11,000 or in default SI for 4 months
Charas Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 9 months and Fine: Is. 13,000 or in default SI for 4 months and 15 days
Heroin Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 4 months and Fine: Rs. 11,000 or in default SI for 4 months
Heroin Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 7 months and Fine: Rs. 13,000 or in default SI for 4 months and 15 days
Heroin Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 10 months and Fine: Rs. 15,000 or in default SI for 5 months
Cases under Section 9(c)
of the Control of Narcotic Substances Act, 1997
Recovered Substance Quantity Normal Sentence
Bhang Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 2 years and Fine: Rs. 7,000 or in default SI for 3 months and 15 days
Bhang Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 3 years and Fine: Rs. 8,000 or in default SI for 4 months
Bhang Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 4 years and Fine: Rs. 9,000 or in default SI for 4 months and 15 days
Bhang Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 5 years and Fine: Rs. 10,000 or in default SI for 5 months
Bhang Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 6 years and Fine: Rs. 11,000 or in default SI for 5 months and 15 days
Bhang Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 7 years and Fine: Rs. 12,000 or in default SI for 6 months
Bhang Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 8 years and Fine: Rs. 13,000 or in default SI for 6 months and 15 days
Bhang Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 9 years and Fine: Rs. 14,000 or in default SI for 7 months
Bhang Exceeding 9 kilograms and upto 10 kilo rams Imprisonment: RI for 10 years and Fine: Rs. 15,000 or in default SI for 7 months and 15 days
Bhang More than 10 Kilograms Imprisonment for life and Fine: Rs. 25,000 or in default SI for 1 year
Poast Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 3 years and Fine: Rs. 7,500 or in default SI far 4 Months
Poast Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 4 years and Fine: Rs. 8,500 or in default SI for 4 months and 15 days
Poast Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 5 years and Fine: Rs. 9,500 or in default SI for 5 months
Poast Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 6 years and Fine: Rs. 10,500 or in default SI for 5 months and 15 days
Poast Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 7 years and Fine: Rs. 11,500 or in default SI for 6 months
Poast Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 8 years and Fine: Rs. 12,500 or in default SI for 6 months and 15 days
Poast Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 9 years and Fine: Rs. 13,500 or in default SI for 7 months
Poast Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 10 years and Fine: Rs. 14,500 or in default SI for 7 months and 15 days
Poast Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 11 years and Fine: Rs. 15,500 or in default SI for 8 months
Poast More than 10 kilograms Imprisonment for life and Fine: Rs. 30,000 or in default SI for 1 year and 4 months
Opium Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 4 years and Fine: Rs. 8,000 or in default SI for 4 months and 15 days
Opium Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 5 years and Fine: Rs. 9,000 or in default SI for 5 months
Opium Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 6 years and Fine: Rs. 10,000 or in default SI for 5 months and 15 days
Opium Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 7 years and Fine: Rs. 11,000or in default SI for 6 months
Opium Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 8 years and Fine: Rs. 12,000 or in default SI for 6 months and 15 days
Opium Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 9 years and Fine: Rs. 13,000 or in default SI for 7 months
Opium Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 10 years and Fine: Rs. 14,000 or in default SI for 7 months and 15 days
Opium Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 11 years and Fine: Rs: 15,000 or in default SI for 8 months
Opium Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 12 years and Fine: Rs. 16,000 or in default SI for 8 months and 15 days
Opium More than 10 Kilograms Imprisonment for life and Fine: Rs. 35,000 or in default SI for year and 6 months _1
Charas Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 4 years 6 months and Fine: Rs. 20,000 or in default SI for 5 months
Charas Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 5 years and 6 months and Fine: Rs. 25,000 or in default SI for 5 months and 15 days
Charas Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 6 years and 6 months and Fine: Rs. 30,000 or in default SI for 6 months
Charas Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 7 years and 6 months and Fine: Rs. 35,000 or in default SI for 6 months and 15 days
Charas Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 8 years and 6 months and Fine: Rs. 40,000 or in default SI for 7 months
Charas Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 9 years and 6 months and Fine: Rs. 45,00Q or in default SI for 7 months and 15 days
Charas Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 10 years and 6 months and Fine: Rs. 50,000 or in default SI for 8 months
Charas Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 11 years and 6 months and Fine: Rs. 55,000 or in default SI for 8 months and 15 days
Charas Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 12 years and 6 months and Fine: Rs. 60,000 or in default SI for 9 months
Charas More than 10 kilograms Imprisonment for life or Death and Fine: Rs. 100,000 or in default SI for 1 year
Heroin Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for .6 years and Fine: Rs. 30,000 or in default SI for 6 months
Heroin Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 7 years and Fine: Rs. 50,000 or in default SI for 7 months
Heroin Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 8 years and Fine: Rs. 70,000 or in default SI for 8 months
Heroin Exceeding 4 kilograms and upto 5 kilograms . Imprisonment: RI for 9 years and Fine: Rs. 90,000 or in default SI for 9 months
Heroin Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 10 years and Fine: Rs. 1,10,000 or in default SI for 10 months
Heroin Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 11 years and Fine: Rs. 1,30,000 or in default SI for 11 months
Heroin Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 12 years and Fine: Rs. 1,50,000 or in default SI for 1 year
Heroin Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 13 years and Fine: Rs. 1,70,000 or in default SI for 1 year and 1 month
Heroin Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 14 years and Fine: Rs. 1,90,000 or in default SI for 1 year and 2 months
Heroin More than 10 Kilograms Imprisonment for life or Death and Fine: Rs. 3,00,000 or in default SI for 1 year and 6 months
8. The chart prepared above can also be arranged in the following manner:
Recovered Substance Quantity Normal Sentence
Bhang Upto 30 grams Imprisonment: SI for 3 months and Fine: Rs. 1,000 or in default SI lot 15 days
Bhang Exceeding 30 grams and upto 60 grams Imprisonment: SI for 6 months and Fine: Rs. 2,000 or in default SI for 1 month
Bhang Exceeding 60 grams and upto 100 grams Imprisonment: SI for 9 months and Fine: Rs. 3,000 or in default SI for 1 month and 15 days
Bhang Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and Fine: Rs. 4,000 or in default SI for 2 months
Bhang Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 3 months and Fine: Rs. 5,000 or in default SI for 2 months and 15 days
Bhang Exceeding 600 grains and upto 1000 grams Imprisonment: RI for 1 year and 6 months and Fine: Rs. 6,000 or in default SI for 3 months
_ Bhang Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 2 years and Fine: Rs. 7,000 or in default SI for 3 months and 15 days
Bhang Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 3 years and Fine: Rs. 8,000 or in default SI for 4 months
Bhang Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 4 years and Fine: Rs. 9,000 or in default SI for 4 months and 15 days
Bhang Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 5 years and Fine: Rs. 10,000 or in default SI for 5 months
Bhang Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 6 years and Fine: Rs. 11,000 or in default SI for 5 months and 15 days
Bhang Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 7 years and Fine: Rs. 12,000 or in default SI for 6 months
Bhang Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 8 years and Fine: Rs. 13,000 or in default SI for 6 months and 15 days
Bhang Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 9 years and Fine: Rs. 14,000 or in default SI for 7 months
Bhang Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 10 years and Fine: Rs. 15,000 or in default SI for 7 months and 15 days
Bhang More than 10 Kilograms Imprisonment for life and Fine: Rs. 25,000 or in default SI for 1 year
Poast Upto 30 grams Imprisonment: SI for 4 months and Fine: Rs. 1,500 or in default SI for 1 month
Poast, Exceeding 30 grams and upto 60 grams Imprisonment: SI for 7 months and Fine: Rs. 2,500 or in default SI for 1 month and 15 days
Poast Exceeding 60 grams and upto 100 grams Imprisonment: SI for 10 months and Fine: Rs. 3,500 or in default SI for 2 months
Poast Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 1 month and Fine: Rs. 4,500 or in default SI for 2 months and 15 days
Poast Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 4 months and Fine: Rs. 5,500 or in default SI for 3 months
Poast Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 7 months and Fine: Rs. 6,500 or in default SI for 3 months and 15 days
Poast Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 3 years and Fine: Rs. 7,500 or in default SI for 4 months
Poast Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 4 years and Fine: Rs. 8,500 or in default SI for 4 months and 15 days
Poast Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 5 years and Fine: Rs. 9,500 or in default SI for 5 months
Poast Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 6 years and Fine: Rs. 10,500 or in default SI for 5 months and 15 days
Poast Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 7 years and Fine: Rs. 11,500 or in default SI for 6 months
Poast Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 8 years and Fine: Rs. 12,500 or in default SI for 6 months and 15 days
Poast Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 9 years and Fine: Rs. 13,500 or in default SI for 7 months
Poast Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 10 years and Fine: Rs. 14,500 or in default SI for 7 months and 15 days
Poast Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 11 years and Fine: Rs. 15,500 or in default SI for 8 months
Poast More than 10 Kilograms Imprisonment for life and Fine: Rs. 30,000 or in default SI for 1 year and 4 months
Opium Upto 30 grams Imprisonment: SI for 5 months and Fine: Rs. 2,000 or in default SI for 1 month and 15 days
Opium Exceeding 30 grams and upto 60 grams Imprisonment: SI for 8 months and Fine: Rs. 3,000 or in default SI for 2 months
Opium Exceeding 60 grams and upto 100 grams Imprisonment: SI for 11 months and Fine: Rs. 4,000 or in default SI for 2 months and 15 days
Opium Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 2 months and Fine: Rs. 5,000 or in default SI for 3 months
Opium Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 5 months and Fine: Rs. 6,000 or in default SI for 3 months and 15 days
Opium Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year 8 months and Fine: Rs. 7,000 or in default SI for 4 months
Opium Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 4 years and Fine: Rs. 8,000 or in default SI for 4 months and 15 days
Opium Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 5 years and Fine: Rs. 9,000 or in default SI for 5 months
Opium Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 6 years and Fine: Rs. 10,000 or in default SI for 5 months and 15 days
Opium Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 7 years and Fine: Rs. 11,000 or in default SI for 6 months
Opium Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 8 years and Fine: Rs. 12,000 or in default SI for 6 months and 15 days
Opium Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 9 years and Fine: Rs. 13,000 or in default SI for 7 months
Opium Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 10 years and Fine: Rs. 14,000 or in default SI for 7 months and 15 days
Opium Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 11 years and Fine: Rs. 15,000 or in default SI for 8 months
Opium Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 12 years and Fine: Rs. 16,000 or in default SI for 8 months and 15 days
Opium More than 10 Kilograms Imprisonment for life and Fine: Rs. 35,000 or in default SI for 1 year and 6 months
Charas Upto 30 grams Imprisonment: RI for 6 months and Fine: Rs. 3,000 or in default SI for 2 months
Charas Exceeding 30 grams and upto 60 grams Imprisonment: RI for 9 months and Fine: Rs. 5,000 or in default SI for 2 months and 15 days
Charas Exceeding 60 grams and upto 100 grams Imprisonment: RI for 1 year and Fine: Rs. 7,000 or in default SI for 3 months
Charas Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 3 months and Fine: Rs. 9,000 or in default SI for 3 months and 15 days
Charas Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 6 months and Fine: Rs. 11,000 or in default SI for 4 months
Charas Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 9 months and Fine: Rs. 13,000 or in default SI for 4 months and 15 days
Charas Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 4 years 6 months and Fine: Rs. 20,000 or in default SI for 5 months
Charas Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 5 years and 6 months and Fine: Rs. 25,000 or in default SI for 5 months and 15 days
Charas Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 6 years and 6 months and Fine: Rs. 30,000 or in default SI for 6 months
Charas Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 7 years and 6 months and Fine: Rs. 35,000 or in default SI for 6 months and 15 days
Charas Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 8 years and 6 months and Fine: Rs. 40,000 or in default SI for 7 months
Charas Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 9 years and 6 months and Fine: Rs. 45,000 or in default SI for 7 months and 15 days
Charas Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 10 years and 6 months and Fine: Rs. 50,000 or in default SI for 8 months
Charas Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 11 years and 6 months and Fine: Rs. 55,000 or in default SI for 8 months and 15 days
Charas Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 12 years and 6 months and Fine: Rs. 60,000 or in default SI for 9 months
Charas More than 10 kilograms Imprisonment for life or Death and Fine: Rs.1,00,000 or in default S for 1 year
Heroin Upto 30 gram Imprisonment: RI for 7 months and Fine: Rs. 5,000 or in default SI for months and 15 days
Heroin Exceeding 30 grams and upto 60 grams Imprisonment: RI for 10 months and Fine: Rs. 7,000 or in default SI for months
Heroin Exceeding 60 grams and upto 100 grams Imprisonment: RI for 1 year and month and Fine: Rs. 9,000 or in default SI for months and 15 days
Heroin Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and months and Fine: Rs. 11,000 or in default SI for 4 months
Heroin Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and months and Fine: Rs. 13,000 or in default SI for 4 months and 15 days
Heroin Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 10 months and Fine: Rs. 15,000 or in default SI for 5 months
Heroin Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 6 years and Fine: Rs. 30,000 or in default SI for 6 months
Heroin Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 7 years and Fine: Rs. 50,000 or in default SI for 7 months
Heroin Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 8 years and Fine: Rs. 70,000 or in default SI for 8 months
Heroin Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 9 years and Fine: Rs. 90,000 or in default SI for 9 months
Heroin Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 10 years and Fine: Rs. 1,10,000 or in default SI for 10 months
Heroin Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 11 years and Fine: Rs. 1,30,000 or in default SI for 11 months
Heroin Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 12 years and Fine: Rs. 1,50,000 or in default SI for 1 year
Heroin Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 13 years and Fine: Rs. 1,70,000 or in default SI for 1 year and 1 month
Heroin Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 14 years and Fine: Rs. 1,90,000 or in default SI for 1 year and 2 months
Heroin More than 10 kilograms Imprisonment for life or Death and Fine: Rs. 3,00,000 or in default SI for 1 year and 6 months
9. As regards a previous convict, a woman and a child the following principles may be followed while sentencing them:
A previous convict is to be awarded 1/3'd more sentence of imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed above.
If the sentence of imprisonment against a previous convict calculated on the basis of the above principle exceeds the maximum sentence of imprisonment prescribed by the law then the convict is to be awarded the maximum sentence of imprisonment prescribed by the law and the fine to be imposed upon him and the sentence of imprisonment in default of payment of fine are to be double the fine and double the sentence of imprisonment in default of payment of fine prescribed as the normal sentence.
A woman and a child, because of their gender and tender age, are to be awarded 1/3rd less sentence of imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed above.
The sentence of imprisonment to be passed against a woman or a child is to be a sentence of simple imprisonment and the sentence of death may not be passed against them.
If a woman or a child is a previous convict then the sentence to be awarded is to be the same as for a male previous convict except that the sentence of imprisonment for a woman or a child is to be a sentence of simple imprisonment and the sentence of death may not be passed against them.
10. It goes without saying that in a particular case carrying some special features relevant to the matter of sentence a court may depart from the norms and standards prescribed above but in all such cases the Court concerned shall be obliged to record its reasons for such departure.
11. This Reference is answered and decided by us in the terms recorded above. The Office of this Court shall now fix the above mentioned appeal and the other connected matters before the appropriate Division Benches for their decision in accordance with the law.
12. The Office of this Court is directed to send a copy of this judgment to all the Judges of the Special Courts (Control of Narcotic Substances), Sessions Judges and Additional Sessions Judges in the Province of the Punjab for their information and guidance.
M.B.A./G-20/L Reference answered.
Before Asif Saeed Khan Khosa, Tariq Shamim and M.A. Zafar, JJ
GHULAM MURTAZA and another---Appellants
Versus
THE STATE---Respondent
Criminal Appeal No.284-J of 2008, decided on 27th March, 2009.
(a) Administration of justice---
----Principles---Quintessence of the Civilization's evolution and growth in the legal field is a progression from dispensation of justice according to the principle of "justice, equity and good conscience" to "justice according to law"---Rationale or raison d'etre for this momentum, quite easy to discern and comprehend, is that justice ought not to be administered according to whims, caprice or subjective standards of an individual judge but it should be dispensed according to some codified or stipulated standards so as to render the outcome consistent and reasonably predictable---Predictability of judicial response to an action or inaction of a person is important because, by and large, people living in a community adapt or mould their conduct keeping in view the law of the land and a probable judicial reaction to their actions or inactions---Essence, therefore, is that, proverbially speaking, justice should not vary with the size of the chancellor's foot but a person inviting a legal intervention into his conduct should be able to appreciate in advance as to how he is likely to be treated by a judge dealing with application of the relevant law to that persons' conduct---Uniformity and standardization of judicial response to similar legal situations cannot, thus, be overemphasized.
(b) Control of Narcotic Substances Act (XXVII of 1997)---
----S. 9(a)(b) & (c)---Sentence---High Court, after having pondered and mulled over the issue of sentence from diverse angles including legal, social and economic perspectives, approved and prescribed the normal and standard sentences for different quantities of various contraband narcotic substances recovered in connection with the control of Narcotic Substances Act, 1997 and provided charts and principles therefor.
On the basis of the Reference made by the Division Bench of the High Court the Chief Justice constituted the Full Bench for the purpose of formulating a sentencing policy for cases involving recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997.
Of late it had been noticed by the High Court that in the matter of passing sentences in cases of recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997 different Judges, both at the trial and the appellate stages, had been passing sentences upon convicts placed in similar situations which sentences were quite often hideously variable as they oscillated and fluctuated between unduly lenient and grossly oppressive. Such discrepant and vacillating judicial responses to similar situations not only gave rise to confusion and uncertainty but they also encouraged unscrupulous litigants and lawyers to try to shop for a suitable Judge.
High Court carried out a survey of all the cases reported in various Law Reports/Journals of the country to find out the sentencing trends of different courts and Judges in cases involving recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997 and the information gathered through the said survey showed, and showed quite strikingly, that the sentencing trends in cases of recovery of contraband narcotic substances vary quite sharply and judicial responses in that regard differ quite drastically even in situations which may be similar, if not identical. Such variable approaches clearly underscored the importance of uniformity and standardization in the matter of sentencing in this area and, thus, the efficacy and necessity of adopting a sentencing policy in that regard could not be overstated.
The maximum sentences provided by the Control of Narcotic Substances Act, 1997 for different quantities of the recovered contraband narcotic substances were as follows:
Section 9(a): (if the recovered quantity is 100 grams or less). Imprisonment up to 2 years or fine or both.
Section 9(b): (if the recovered quantity exceeds 100 grams but does not exceed 1 kilogram). Imprisonment up to 7 years and fine.
Section 9(c): (if the recovered quantity exceeds 1 kilogram). Death or imprisonment for life or imprisonment up to 14 years and fine up to one million Rupees.
If the recovered quantity exceeds 10 kilograms then the sentence is not to be less than imprisonment for life.
It was conspicuously noticeable that the sentences provided for by the Control of Narcotic Substances Act, 1997 were prescribed with reference to quantity of the recovered contraband narcotic substance and not with reference to the kind or nature of the recovered contraband narcotic substance. Different kinds of contraband narcotic substances covered by the Control of Narcotics Substances Act, 1997 vary sharply in their harmful nature or dangerous effects as a huge quantity of one substance may be less harmful or dangerous than a small quantity of another substance. Thus, in many situations a sentencing approach based only upon quantity of the recovered substance may lead to unjust and oppressive results and to punishments which may be unduly cruel and harsh.
In the above mentioned backdrop, keeping in view the accumulated judicial wisdom and experience and balancing the same with the interests of justice in the overall social and economic context, sentences were approved and prescribed by the High Court as the normal and standard sentences for different quantities of various contraband narcotic substances recovered in connection with the Control of Narcotic Substances Act, 1997.
Chart showing sentence as to cases under S.9(a) of the Control of Narcotic Substances Act, 1997.
Chart showing sentence as to cases under S.9(b) of the Control of Narcotic Substances Act, 1997.
Chart showing sentence as to cases under S.9(c) of the Control of Narcotic Substances Act, 1997.
Consolidated chart showing sentences under S.9(a)(b)(c) of Narcotic Substances Act, 1997.
Principles to be followed as regards a previous convict, a woman and a child while sentencing them.
(c) Control of Narcotic Substances Act (XXVIII of 1997)---
----S. 9(a), (b) & (c)---Sentence---Principles to be followed as regards a previous convict, a woman and a child while sentencing them.
Following principles are to be followed while sentencing a previous convict, a woman and a child:
A previous convict is to be awarded 1/3rd more sentence of imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed above.
If the sentence of imprisonment against a previous convict calculated on the basis of the above principle exceeds the maximum sentence of imprisonment prescribed by the law then the convict is to be awarded the maximum sentence of imprisonment prescribed by the law and the fine to be imposed upon him and the sentence of imprisonment in default of payment of fine are to be double the fine and double the sentence of imprisonment in default of payment of fine prescribed as the normal sentence.
A woman and a child, because of their gender and tender age, are to be awarded 1/3rd less sentence of imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed above.
The sentence of imprisonment to be passed against a woman or a child is to be a sentence of simple imprisonment and the sentence of death may not be passed against them.
If a woman or a child is a previous convict then the sentence to be awarded is to be the same as for a male previous convict except that the sentence of imprisonment for a woman or a child is to be a sentence of simple imprisonment and the sentence of death may not be passed against them.
In a particular case carrying some special features relevant to the matter of sentence a Court may depart form the norms and standards prescribed above but in all such cases the Court concerned shall be obliged to record its reasons for such departure.
Muhammad Akram Khan Umar with Rana Afzal Razzaq Khan for Appellants.
Farzana Shahzad Khan, Dy. Prosecutor-General for the State.
Date of hearing: 27th March, 2009.
JUDGMENT
ASIF SAEED KHAN KHOSA, J.---While hearing Criminal Appeal No. 284-J of 2008 involving alleged recovery of some narcotic substance from the possession of the appellants therein a Division Bench of this Court comprising of one of us, i.e. Tariq Shamim, J. and Parvaiz Ali Chawla, J. passed the following order on 4-3-2009:--
"In the instant case suo motu notice was issued by us to the appellant as the learned trial court had sentenced him to two years' imprisonment in terms of section 9(c) of the Control of Narcotic Substances Act, 1997, which, in our view, is meager and not commensurate with the sentence provided under the law. We have noticed this problem in a number of cases. In view thereof, we refer this matter to the honourable Chief Justice for constitution of a larger Bench in the last week of March, 2009, if deemed appropriate, so that a uniform sentencing policy could be formulated in cases of narcotics for the guidance of the trial courts."
On the basis of that Reference made by the Division Bench the Hon'ble Chief Justice was pleased to constitute the present Full Bench for the purpose of formulating a sentencing policy for cases involving recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997.
2. We have heard the learned counsel for the parties at some length and have pondered and mulled over the issue from diverse angles including legal, social and economic perspectives.
3. The quintessence of the civilization's evolution and growth in the legal field is a progression from dispensation of justice according to the principle of "justice, equity and good conscience" to "justice according to the law". The rationale or raison d'etre for this momentum, quite easy to discern and comprehend, is that justice ought not to be administered according to the whims, caprice or subjective standards of an individual Judge but it should be dispensed according to some codified or stipulated standards so as to render the outcome consistent and reasonably predictable. Predictability of judicial response to an action or inaction of a person is important because, by and large, people living in a community adapt or mould their conduct keeping in view the law of the land and a probable judicial reaction to their actions or inactions. The essence, therefore, is that, proverbially speaking, justice should not vary with the size of the Chancellor's foot but a person inviting a legal intervention into his conduct should be able to appreciate in advance as to how he is likely to be treated by a Judge dealing with application of the relevant law to that person's conduct. Uniformity and standardization of judicial response to similar legal situations cannot, thus, be overemphasized.
4. Of late it has been noticed by this Court that in the matter of passing sentences in cases of recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997 different Judges, both at the trial and the appellate stages, have been passing sentences upon convicts placed in similar situations which sentences are quite often hideously variable as they oscillate and fluctuate between unduly lenient and grossly oppressive. Such discrepant and vacillating judicial responses to similar situations not only give rise to confusion and uncertainty but they also encourage unscrupulous litigants and lawyers to try to shop for a suitable Judge.
5. We have carried out a survey of all the cases reported in various Law Reports/Journals of the country to find out the sentencing trends of different courts and Judges in cases involving recovery of contraband narcotic substances under the Control of Narcotic Substances Act, 1997 and the information gathered through the said survey shows, and shows quite strikingly, that the sentencing trends in cases of recovery of contraband narcotic substances vary quite sharply and judicial responses in that regard differ quite drastically even in situations which may be similar, if not identical. Such variable approaches clearly underscore the importance of uniformity and standardization in the matter of sentencing in this area and, thus, the efficacy and necessity of adopting a sentencing policy in that regard cannot be overstated.
6. The maximum sentences provided by the Control of Narcotic Substances Act, 1997 for different quantities of the recovered contraband narcotic substances are as follows:--
Section 9(a): (if the recovered quantity is 100 grams or less) Imprisonment upto 2 years or fine or both.
Section 9(b): (if the recovered quantity exceeds 100 grams but does not exceed 1 kilogram)
Imprisonment upto 7 years and fine.
Section 9(c): (if the recovered quantity exceeds 1 kilogram)
Death or imprisonment for life or imprisonment upto 14 years and fine up to one million Rupees.
If the recovered quantity exceeds 10 kilograms then the sentence is not to be less than imprisonment for life.
It is conspicuously noticeable that the sentences provided for by the Control of Narcotic Substances Act, 1997 are prescribed with reference to quantity of the recovered contraband narcotic substance and not with reference to the kind or nature of the recovered contraband narcotic substance. Different kinds of contraband narcotic substances covered by the Control of Narcotic Substances Act, 1997 vary sharply in their harmful nature or dangerous effects as a huge quantity of one substance may be less harmful or dangerous than a small quantity of another substance. Thus, in many situations a sentencing approach based only upon quantity of the recovered substance may lead to unjust and oppressive results and to punishments which may be unduly cruel and harsh.
7. In the above mentioned backdrop, keeping in view the' accumulated judicial wisdom and experience and balancing the same with the interests of justice in the overall social and economic context, the following sentences are approved and prescribed as the normal and standard sentences for different quantities of various contraband narcotic substances recovered in connection with the Control of Narcotic Substances Act, 1997:
Cases under Section 9(a)
of the Control of Narcotic Substances Act, 1997
Recovered Substance Quantity Normal Sentence
Bhang Upto 30 grams Imprisonment: SI for 3 months and Fine: Rs. 1,000 or in default SI for 15 days
Bhang Exceeding 30 grams and upto 60 grams Imprisonment: SI for 6 months and Fine: Rs. 2,000 or in default SI for 1 month
Bhang Exceeding 60 grams and upto 100 grams Imprisonment: SI for 9 months and Fine: Rs. 3,000 or in default SI for 1 month and 15 days
Poast Upto 30 grams Imprisonment: SI for 4 months and Fine: Rs. 1,500or in default SI for 1 month
Poast Exceeding 30 grams and upto 60 grams Imprisonment: SI for 7 months and Fine: Rs. 2,500 or in default SI for 1 month and 15 days
Poast Exceeding 60 grams and upto 100 grams Imprisonment: SI for 10 months and Fine: Rs. 3,500 or in default SI for 2 months
Opium Upto 30 grams Imprisonment: SI for 5 months and Fine: Rs. 2,000 or in default SI for 1 month and 15 days
Opium Exceeding 30 grams and upto 60 grams Imprisonment: SI for 8 months and Fine: Rs. 3,000 or in default SI for 2 months
Opium Exceeding 60 grams and upto 100 grams Imprisonment: SI for 11 months and Fine: Rs. 4,000 or in default SI for 2 months and 15 days
Charas Upto 30 grams Imprisonment: RI for 6 months and Fine: Rs. 3,000 or in default SI for 2 months
Charas Exceeding 30 grams and upto 60 grams Imprisonment: RI for 9 months and Fine: Rs. 5,000 or in default SI for 2 months and 15 days
Charas Exceeding 60 grams and upto 100 grams Imprisonment: RI for 1 year and Fine: Rs. 7,000or in default SI for 3 months
_ Heroin Upto 30 grams Imprisonment: RI for 7 months and Fine: Rs. 5,000 or in default SI for 2 months and 15 days
Heroin Exceeding 30 grams and upto 60 grams Imprisonment: RI for 10 months and Fine: Rs. 7,000 or in default SI for 3 months
Heroin Exceeding 60 grams and upto 100 grams Imprisonment: RI for 1 year and 1 month and Fine: Rs. 9,000 or in default SI for 3 months and 15 days
Cases under Section 9(b)
of the Control of Narcotic Substances Act, 1997
Recovered Substance Quantity Normal Sentence
Bhang Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and Fine: Rs. 4,000 or in default SI for 2 months
Bhang Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 3 months and Fine: Rs..5,000 or in default SI for 2 months and 15 days
Bhang Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 6 months and Fine: Rs. 6,000 or in default SI for 3 months
Poast Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 1 month and Fine: Rs. 4,500 or in default SI for 2 months and 15 days
Poast Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 4 months and Fine: Rs. 5,500 or in default SI for 3 months
Poast Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 7 months and Fine: Rs. 6,500 or in default SI for 3 months and 15 days
Opium Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 2 months and Fine: Rs. 5,000 or in default SI for 3 Months
Opium Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 5 months and Fine: Rs. 6,000 or in default SI for 3 months and 15 days
Opium Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year 8 months and Fine: Rs. 7,000 or in default SI for 4 months
Charas Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 3 months and Fine: Rs. 9,000 or in default SI for 3 months and 15 days
Charas Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 6 months and Fine: Rs. 11,000 or in default SI for 4 months
Charas Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 9 months and Fine: Is. 13,000 or in default SI for 4 months and 15 days
Heroin Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 4 months and Fine: Rs. 11,000 or in default SI for 4 months
Heroin Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 7 months and Fine: Rs. 13,000 or in default SI for 4 months and 15 days
Heroin Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 10 months and Fine: Rs. 15,000 or in default SI for 5 months
Cases under Section 9(c)
of the Control of Narcotic Substances Act, 1997
Recovered Substance Quantity Normal Sentence
Bhang Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 2 years and Fine: Rs. 7,000 or in default SI for 3 months and 15 days
Bhang Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 3 years and Fine: Rs. 8,000 or in default SI for 4 months
Bhang Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 4 years and Fine: Rs. 9,000 or in default SI for 4 months and 15 days
Bhang Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 5 years and Fine: Rs. 10,000 or in default SI for 5 months
Bhang Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 6 years and Fine: Rs. 11,000 or in default SI for 5 months and 15 days
Bhang Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 7 years and Fine: Rs. 12,000 or in default SI for 6 months
Bhang Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 8 years and Fine: Rs. 13,000 or in default SI for 6 months and 15 days
Bhang Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 9 years and Fine: Rs. 14,000 or in default SI for 7 months
Bhang Exceeding 9 kilograms and upto 10 kilo rams Imprisonment: RI for 10 years and Fine: Rs. 15,000 or in default SI for 7 months and 15 days
Bhang More than 10 Kilograms Imprisonment for life and Fine: Rs. 25,000 or in default SI for 1 year
Poast Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 3 years and Fine: Rs. 7,500 or in default SI far 4 Months
Poast Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 4 years and Fine: Rs. 8,500 or in default SI for 4 months and 15 days
Poast Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 5 years and Fine: Rs. 9,500 or in default SI for 5 months
Poast Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 6 years and Fine: Rs. 10,500 or in default SI for 5 months and 15 days
Poast Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 7 years and Fine: Rs. 11,500 or in default SI for 6 months
Poast Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 8 years and Fine: Rs. 12,500 or in default SI for 6 months and 15 days
Poast Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 9 years and Fine: Rs. 13,500 or in default SI for 7 months
Poast Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 10 years and Fine: Rs. 14,500 or in default SI for 7 months and 15 days
Poast Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 11 years and Fine: Rs. 15,500 or in default SI for 8 months
Poast More than 10 kilograms Imprisonment for life and Fine: Rs. 30,000 or in default SI for 1 year and 4 months
Opium Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 4 years and Fine: Rs. 8,000 or in default SI for 4 months and 15 days
Opium Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 5 years and Fine: Rs. 9,000 or in default SI for 5 months
Opium Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 6 years and Fine: Rs. 10,000 or in default SI for 5 months and 15 days
Opium Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 7 years and Fine: Rs. 11,000or in default SI for 6 months
Opium Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 8 years and Fine: Rs. 12,000 or in default SI for 6 months and 15 days
Opium Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 9 years and Fine: Rs. 13,000 or in default SI for 7 months
Opium Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 10 years and Fine: Rs. 14,000 or in default SI for 7 months and 15 days
Opium Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 11 years and Fine: Rs: 15,000 or in default SI for 8 months
Opium Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 12 years and Fine: Rs. 16,000 or in default SI for 8 months and 15 days
Opium More than 10 Kilograms Imprisonment for life and Fine: Rs. 35,000 or in default SI for year and 6 months _1
Charas Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 4 years 6 months and Fine: Rs. 20,000 or in default SI for 5 months
Charas Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 5 years and 6 months and Fine: Rs. 25,000 or in default SI for 5 months and 15 days
Charas Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 6 years and 6 months and Fine: Rs. 30,000 or in default SI for 6 months
Charas Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 7 years and 6 months and Fine: Rs. 35,000 or in default SI for 6 months and 15 days
Charas Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 8 years and 6 months and Fine: Rs. 40,000 or in default SI for 7 months
Charas Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 9 years and 6 months and Fine: Rs. 45,00Q or in default SI for 7 months and 15 days
Charas Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 10 years and 6 months and Fine: Rs. 50,000 or in default SI for 8 months
Charas Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 11 years and 6 months and Fine: Rs. 55,000 or in default SI for 8 months and 15 days
Charas Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 12 years and 6 months and Fine: Rs. 60,000 or in default SI for 9 months
Charas More than 10 kilograms Imprisonment for life or Death and Fine: Rs. 100,000 or in default SI for 1 year
Heroin Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for .6 years and Fine: Rs. 30,000 or in default SI for 6 months
Heroin Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 7 years and Fine: Rs. 50,000 or in default SI for 7 months
Heroin Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 8 years and Fine: Rs. 70,000 or in default SI for 8 months
Heroin Exceeding 4 kilograms and upto 5 kilograms . Imprisonment: RI for 9 years and Fine: Rs. 90,000 or in default SI for 9 months
Heroin Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 10 years and Fine: Rs. 1,10,000 or in default SI for 10 months
Heroin Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 11 years and Fine: Rs. 1,30,000 or in default SI for 11 months
Heroin Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 12 years and Fine: Rs. 1,50,000 or in default SI for 1 year
Heroin Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 13 years and Fine: Rs. 1,70,000 or in default SI for 1 year and 1 month
Heroin Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 14 years and Fine: Rs. 1,90,000 or in default SI for 1 year and 2 months
Heroin More than 10 Kilograms Imprisonment for life or Death and Fine: Rs. 3,00,000 or in default SI for 1 year and 6 months
8. The chart prepared above can also be arranged in the following manner:
Recovered Substance Quantity Normal Sentence
Bhang Upto 30 grams Imprisonment: SI for 3 months and Fine: Rs. 1,000 or in default SI lot 15 days
Bhang Exceeding 30 grams and upto 60 grams Imprisonment: SI for 6 months and Fine: Rs. 2,000 or in default SI for 1 month
Bhang Exceeding 60 grams and upto 100 grams Imprisonment: SI for 9 months and Fine: Rs. 3,000 or in default SI for 1 month and 15 days
Bhang Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and Fine: Rs. 4,000 or in default SI for 2 months
Bhang Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 3 months and Fine: Rs. 5,000 or in default SI for 2 months and 15 days
Bhang Exceeding 600 grains and upto 1000 grams Imprisonment: RI for 1 year and 6 months and Fine: Rs. 6,000 or in default SI for 3 months
_ Bhang Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 2 years and Fine: Rs. 7,000 or in default SI for 3 months and 15 days
Bhang Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 3 years and Fine: Rs. 8,000 or in default SI for 4 months
Bhang Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 4 years and Fine: Rs. 9,000 or in default SI for 4 months and 15 days
Bhang Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 5 years and Fine: Rs. 10,000 or in default SI for 5 months
Bhang Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 6 years and Fine: Rs. 11,000 or in default SI for 5 months and 15 days
Bhang Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 7 years and Fine: Rs. 12,000 or in default SI for 6 months
Bhang Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 8 years and Fine: Rs. 13,000 or in default SI for 6 months and 15 days
Bhang Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 9 years and Fine: Rs. 14,000 or in default SI for 7 months
Bhang Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 10 years and Fine: Rs. 15,000 or in default SI for 7 months and 15 days
Bhang More than 10 Kilograms Imprisonment for life and Fine: Rs. 25,000 or in default SI for 1 year
Poast Upto 30 grams Imprisonment: SI for 4 months and Fine: Rs. 1,500 or in default SI for 1 month
Poast, Exceeding 30 grams and upto 60 grams Imprisonment: SI for 7 months and Fine: Rs. 2,500 or in default SI for 1 month and 15 days
Poast Exceeding 60 grams and upto 100 grams Imprisonment: SI for 10 months and Fine: Rs. 3,500 or in default SI for 2 months
Poast Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 1 month and Fine: Rs. 4,500 or in default SI for 2 months and 15 days
Poast Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 4 months and Fine: Rs. 5,500 or in default SI for 3 months
Poast Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 7 months and Fine: Rs. 6,500 or in default SI for 3 months and 15 days
Poast Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 3 years and Fine: Rs. 7,500 or in default SI for 4 months
Poast Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 4 years and Fine: Rs. 8,500 or in default SI for 4 months and 15 days
Poast Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 5 years and Fine: Rs. 9,500 or in default SI for 5 months
Poast Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 6 years and Fine: Rs. 10,500 or in default SI for 5 months and 15 days
Poast Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 7 years and Fine: Rs. 11,500 or in default SI for 6 months
Poast Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 8 years and Fine: Rs. 12,500 or in default SI for 6 months and 15 days
Poast Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 9 years and Fine: Rs. 13,500 or in default SI for 7 months
Poast Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 10 years and Fine: Rs. 14,500 or in default SI for 7 months and 15 days
Poast Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 11 years and Fine: Rs. 15,500 or in default SI for 8 months
Poast More than 10 Kilograms Imprisonment for life and Fine: Rs. 30,000 or in default SI for 1 year and 4 months
Opium Upto 30 grams Imprisonment: SI for 5 months and Fine: Rs. 2,000 or in default SI for 1 month and 15 days
Opium Exceeding 30 grams and upto 60 grams Imprisonment: SI for 8 months and Fine: Rs. 3,000 or in default SI for 2 months
Opium Exceeding 60 grams and upto 100 grams Imprisonment: SI for 11 months and Fine: Rs. 4,000 or in default SI for 2 months and 15 days
Opium Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 2 months and Fine: Rs. 5,000 or in default SI for 3 months
Opium Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 5 months and Fine: Rs. 6,000 or in default SI for 3 months and 15 days
Opium Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year 8 months and Fine: Rs. 7,000 or in default SI for 4 months
Opium Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 4 years and Fine: Rs. 8,000 or in default SI for 4 months and 15 days
Opium Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 5 years and Fine: Rs. 9,000 or in default SI for 5 months
Opium Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 6 years and Fine: Rs. 10,000 or in default SI for 5 months and 15 days
Opium Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 7 years and Fine: Rs. 11,000 or in default SI for 6 months
Opium Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 8 years and Fine: Rs. 12,000 or in default SI for 6 months and 15 days
Opium Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 9 years and Fine: Rs. 13,000 or in default SI for 7 months
Opium Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 10 years and Fine: Rs. 14,000 or in default SI for 7 months and 15 days
Opium Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 11 years and Fine: Rs. 15,000 or in default SI for 8 months
Opium Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 12 years and Fine: Rs. 16,000 or in default SI for 8 months and 15 days
Opium More than 10 Kilograms Imprisonment for life and Fine: Rs. 35,000 or in default SI for 1 year and 6 months
Charas Upto 30 grams Imprisonment: RI for 6 months and Fine: Rs. 3,000 or in default SI for 2 months
Charas Exceeding 30 grams and upto 60 grams Imprisonment: RI for 9 months and Fine: Rs. 5,000 or in default SI for 2 months and 15 days
Charas Exceeding 60 grams and upto 100 grams Imprisonment: RI for 1 year and Fine: Rs. 7,000 or in default SI for 3 months
Charas Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and 3 months and Fine: Rs. 9,000 or in default SI for 3 months and 15 days
Charas Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and 6 months and Fine: Rs. 11,000 or in default SI for 4 months
Charas Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 9 months and Fine: Rs. 13,000 or in default SI for 4 months and 15 days
Charas Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 4 years 6 months and Fine: Rs. 20,000 or in default SI for 5 months
Charas Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 5 years and 6 months and Fine: Rs. 25,000 or in default SI for 5 months and 15 days
Charas Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 6 years and 6 months and Fine: Rs. 30,000 or in default SI for 6 months
Charas Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 7 years and 6 months and Fine: Rs. 35,000 or in default SI for 6 months and 15 days
Charas Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 8 years and 6 months and Fine: Rs. 40,000 or in default SI for 7 months
Charas Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 9 years and 6 months and Fine: Rs. 45,000 or in default SI for 7 months and 15 days
Charas Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 10 years and 6 months and Fine: Rs. 50,000 or in default SI for 8 months
Charas Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 11 years and 6 months and Fine: Rs. 55,000 or in default SI for 8 months and 15 days
Charas Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 12 years and 6 months and Fine: Rs. 60,000 or in default SI for 9 months
Charas More than 10 kilograms Imprisonment for life or Death and Fine: Rs.1,00,000 or in default S for 1 year
Heroin Upto 30 gram Imprisonment: RI for 7 months and Fine: Rs. 5,000 or in default SI for months and 15 days
Heroin Exceeding 30 grams and upto 60 grams Imprisonment: RI for 10 months and Fine: Rs. 7,000 or in default SI for months
Heroin Exceeding 60 grams and upto 100 grams Imprisonment: RI for 1 year and month and Fine: Rs. 9,000 or in default SI for months and 15 days
Heroin Exceeding 100 grams and upto 300 grams Imprisonment: RI for 1 year and months and Fine: Rs. 11,000 or in default SI for 4 months
Heroin Exceeding 300 grams and upto 600 grams Imprisonment: RI for 1 year and months and Fine: Rs. 13,000 or in default SI for 4 months and 15 days
Heroin Exceeding 600 grams and upto 1000 grams Imprisonment: RI for 1 year and 10 months and Fine: Rs. 15,000 or in default SI for 5 months
Heroin Exceeding 1 kilogram and upto 2 kilograms Imprisonment: RI for 6 years and Fine: Rs. 30,000 or in default SI for 6 months
Heroin Exceeding 2 kilograms and upto 3 kilograms Imprisonment: RI for 7 years and Fine: Rs. 50,000 or in default SI for 7 months
Heroin Exceeding 3 kilograms and upto 4 kilograms Imprisonment: RI for 8 years and Fine: Rs. 70,000 or in default SI for 8 months
Heroin Exceeding 4 kilograms and upto 5 kilograms Imprisonment: RI for 9 years and Fine: Rs. 90,000 or in default SI for 9 months
Heroin Exceeding 5 kilograms and upto 6 kilograms Imprisonment: RI for 10 years and Fine: Rs. 1,10,000 or in default SI for 10 months
Heroin Exceeding 6 kilograms and upto 7 kilograms Imprisonment: RI for 11 years and Fine: Rs. 1,30,000 or in default SI for 11 months
Heroin Exceeding 7 kilograms and upto 8 kilograms Imprisonment: RI for 12 years and Fine: Rs. 1,50,000 or in default SI for 1 year
Heroin Exceeding 8 kilograms and upto 9 kilograms Imprisonment: RI for 13 years and Fine: Rs. 1,70,000 or in default SI for 1 year and 1 month
Heroin Exceeding 9 kilograms and upto 10 kilograms Imprisonment: RI for 14 years and Fine: Rs. 1,90,000 or in default SI for 1 year and 2 months
Heroin More than 10 kilograms Imprisonment for life or Death and Fine: Rs. 3,00,000 or in default SI for 1 year and 6 months
9. As regards a previous convict, a woman and a child the following principles may be followed while sentencing them:
A previous convict is to be awarded 1/3'd more sentence of imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed above.
If the sentence of imprisonment against a previous convict calculated on the basis of the above principle exceeds the maximum sentence of imprisonment prescribed by the law then the convict is to be awarded the maximum sentence of imprisonment prescribed by the law and the fine to be imposed upon him and the sentence of imprisonment in default of payment of fine are to be double the fine and double the sentence of imprisonment in default of payment of fine prescribed as the normal sentence.
A woman and a child, because of their gender and tender age, are to be awarded 1/3rd less sentence of imprisonment, fine and sentence in default of payment of fine than the normal sentence prescribed above.
The sentence of imprisonment to be passed against a woman or a child is to be a sentence of simple imprisonment and the sentence of death may not be passed against them.
If a woman or a child is a previous convict then the sentence to be awarded is to be the same as for a male previous convict except that the sentence of imprisonment for a woman or a child is to be a sentence of simple imprisonment and the sentence of death may not be passed against them.
10. It goes without saying that in a particular case carrying some special features relevant to the matter of sentence a court may depart from the norms and standards prescribed above but in all such cases the Court concerned shall be obliged to record its reasons for such departure.
11. This Reference is answered and decided by us in the terms recorded above. The Office of this Court shall now fix the above mentioned appeal and the other connected matters before the appropriate Division Benches for their decision in accordance with the law.
12. The Office of this Court is directed to send a copy of this judgment to all the Judges of the Special Courts (Control of Narcotic Substances), Sessions Judges and Additional Sessions Judges in the Province of the Punjab for their information and guidance.
M.B.A./G-20/L Reference answered.
Thanks for sharing great and knowledgeable information.
ReplyDeleteclick here
I need
ReplyDelete1. 2009 SCMR 19 titled Messrs Best Buy Computers, Lahore and another vs Director Intelligence & Investigation(Customs & Excise) , Lahore and others
2. 2005 SCMR 1814 full judgment