When considering whether to impose the death penalty in a drugs case, the court should consider whether a sentence of life imprisonment would also have a deterrent effect.
The accused was convicted and sentenced to death under CNSA 9(c) for driving a truck containing 171 kg of Charas and 73 kg of opium. The Lahore High Court confirmed the sentence. The accused claimed to be innocent and said he had no knowledge that the illicit substances were concealed in the truck. The Supreme Court considered the facts of the case and ruled that, pursuant to Article 185(3) of the Constitution of Pakistan, the death sentence could be commuted on the grounds that a sentence of life imprisonment would also have a deterrent effect.
