2004 PLP 2025 (YLR)

Muhammad Rafique Rajput for the State. Date of hearing: 25th September, 2003. M.A. SHAHID SIDDIQUI, J.‑‑ This judgment shall dispose of Criminal Appeal No. 256 of 2003. Adeel and Rashid (appellants) were jointly tried and convicted by Abdul Hameed, learned Additional Sessions Judge, Arifwala, in case F.I.R. No.14 of 2001, dated 20‑1‑2001, Police Station City Arifwala, District Pakpattan Sharif, under section 9(b), of the Control of Narcotic Substances Act, 1997, and sentenced to undergo rigorous imprisonment for five years and a fine of Rs.20,000 or to suffer further rigorous imprisonment for one year vide judgment dated 31‑7‑2002. Both assailed their conviction through the instant appeal (Criminal Appeal No.791 of 2002). On the basis of the report dated 29‑1‑2002 of a Medical Board, constituted under the order of this. Court in Criminal Miscellaneous No.2831‑B of 2001, it was urged on behalf of Adeel (appellant) that he was less than 18 years of age at the time of occurrence, as such, he should have been separately tried by the Juvenile Court under the Juvenile Justice System Ordinance, 2000. This Court sustained the objection and vitiated the trial to the extent of Adeel (appellant) and remitted the case to the Court of the learned Sessions Judge, Vehari, for a fresh trial in accordance with law. The learned Sessions Judge entrusted the case. Mr. Nazir Ahmad Gajana, Additional Sessions Judge/Special Juvenile Court, Arifwala District Pakpattan Sharif. The said Juvenile Court arrived Adeel (accused/appellant) de novo and again convicted him under section 9(b) of the Control of Narcotic Substances Act, 1997, vide judgment dated 7‑3‑2003 and sentenced to five years rigorous imprisonment and a fine of Rs.20,000, or to undergo simple imprisonment for six months, which he challenged through Criminal Appeal No.256 of 2003.

2. The prosecution case, in brief, is that Zaheer Ahmad Khan, Inspector/ S.H.O., Police Station City Arifwala, while on patrol duty in the company of Bashir Ahmad, Ghazi Khan and Ali Sher Khan, A.S.‑Is. and few Constables intercepted the appellants one Mazher laved within the area of Chak No.59/E.B., who were coming from Chak No.139/E.B. on a motorcycle. Despite a signal given by the police party, the accused did not stop. The police party chased them and ultimately apprehended the present appellants. Their third companion, Mazher Javed, however, managed to escape, taking advantage of the fog. The police searched the persons of the accused and recovered one kilogram of Charas from each accused. Accordingly, they were booked and their trials ended in conviction.

3. Learned counsel for the appellants did not challenge the conviction on merit. They, however, pleaded for the reduction in the sentence firstly on the ground that they were not previously involved in any criminal case; secondly on the ground that they have served out a major portion of their sentence and lastly on the ground that Adeel (appellant) was less than 18 years of age at the time of occurrence.

4. We have objectively considered the submissions made by the learned counsel for the appellants.

5. Admittedly, the appellants were arrested on 20‑1‑2001. Since then, they have been in prison. There is also nothing on the record to show their previous involvement. Their further detention is not likely to serve any useful purpose. We, therefore, feel inclined to reduce their sentence from five years rigorous imprisonment to the term already undergone. The fine is also reduced from Rs.20,000 each to Rs.5000 (Rupees five thousand) each, which they shall deposit within a period of three weeks. In case, they fail to deposit the fine within the said period, they shall undergo further simple imprisonment for six months. Resultantly both these appeals fail and are hereby dismissed with slight modification in the above terms. Sentence reduced accordingly. H.B.T./A‑87/L