PESHAWAR, Feb 27: A two-member bench of the Peshawar High Court reserved its order in a criminal appeal challenging the sentencing of two juvenile offenders to life imprisonment by a trial court.
Mushtaq and Feroz, both residents of Mardan, were convicted last month by a juvenile court of carrying 98kgs of Charas and awarded life imprisonment with Rs50,000 fine each.
The appellants' counsel raised various questions regarding the Juvenile Justice System Ordinance 2000 and slapping maximum penalty on a juvenile offender without ascertaining his or her maturity level.
The bench comprising Chief Justice Mian Shakirullah Jan and Justice Ijaz Afzal heard arguments by the chairman, Voice of Prisoners, Advocate Noor Alam Khan, who had appeared for appellants. He contended that they were not treated in accordance with the Juvenile Justice System Ordinance 2000 and the rules farmed by the government under it.
He said it was evident from record that the concerned counsel had only represented Feroz before the trial court. He argued that under rules it was the responsibility of the trial court to appoint a competent legal practitioner for representing the appellant. He requested that the case should be remanded back for retrial.
Opposing the appeals, Deputy Advocate-General Sardar Ahmad Jan stated that the offence had been proved beyond doubt. He said that under 9(c) of the Control of Narcotics Substance Act, punishment of death or life imprisonment should be given for smuggling more than 10kgs of narcotics.
































