The decision of the second full bench of this Court (at Multan) has been
based upon The State through Mehmood Ahmad Butt, Deputy
Director, Regional Directorate, Anti-Narcotics Force, Lahore Vs. Mst.
Fazeelat Bibi, (PLD 2013 SC 361) wherein the question before the
court was, “---whether the learned High Court in dismissing State's
appeal has correctly interpreted the import of section 48 of the Control
of Narcotic Substances Act, 1997". Responding the aforesaid question, it
was held:-
[---] The right of appeal conferred by section 48(1) of the Control
of Narcotic Substances Act, 1997 is all pervasive catering for
every kind of appeal from every kind of order passed by such a
Special Court and the provisions of section 48(1) of the Control of
Narcotic Substances Act, 1997 do not make any distinction
between an appeal against a conviction, an appeal against an
acquittal or an appeal seeking enhancement of a sentence passed
against a convict. The restrictive scope of section 48 of the Control
of Narcotic Substances Act, 1997 visualized by the learned
Division Bench of the Lahore High Court, Lahore confining it only
to an appeal against conviction has been found by us to be
offensive to the clear and unambiguous provisions of the said
section and, thus, the same cannot be sustained or upheld by us.
Used in Judgement of
Lahore High court
WP- Criminal Proceeding
9027-17
2018 LHC 1465
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