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ISLAMABAD, Jan 01 (APP): The Supreme Court of Pakistan has settled an important constitutional question in a narcotics case, holding that awarding a harsher sentence under a provincial law in the presence of an applicable federal law violates Article 143 of the Constitution.
According to the court’s approved detailed written judgment for reporting, a two-member bench comprising Justice Muhammad Hashim Khan Kakar and Justice Ali Baqar Najafi announced the verdict after hearing a criminal petition filed by Sajid Khan.
The Peshawar High Court had earlier upheld Sajid Khan’s conviction and sentence under the provincial narcotics law.
The Supreme Court observed that the FIR against Sajid Khan had been registered under the Control of Narcotic Substances Act, 1997, a federal law. However, both the trial court and the appellate court awarded punishment under the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, which prescribes a more stringent penalty than the federal statute.
The court ruled that under Article 143 of the Constitution, federal law prevails over provincial law in case of any inconsistency. Therefore, the sentence awarded under the provincial law was declared constitutionally invalid.
Setting aside the punishment imposed under the provincial statute, the Supreme Court substantially reduced the sentence.
Sajid Khan was convicted under the federal law and sentenced to five years’ rigorous imprisonment along with a fine of Rs100,000. In case of default in payment of the fine, he will undergo an additional two months of simple imprisonment.
The court further directed that a copy of the judgment be sent to the Chairman, Law and Justice Commission of Pakistan, the Attorney General for Pakistan, and the Ministry of Law and Justice for information and necessary action.