2007 PLP 3123 (YLR)

M. BILAL KHAN. J.

The appellant, namely, Muhammad Sarwar son of Suba Khan, was tried in case F.I.R. No.103, dated 15-2-2006, registered at Police Station Malikwal, District Mandi Baha-ud-Din, for an offence under sec tion 9(b) of the Control of Narcotic Substances Act, 1997, by the learned Additional Sessions Judge, Mandi Baha-ud-Din. The learned trial Judge by virtue of his judgment dated 3-6-2006 found him guilty of the said charge, convicted and sentenced him to rigorous imprisonment for three years with a fine of Rs.10,000 or in default in payment thereof to further undergo simple imprisonment for three months. Benefit of section 382-B Cr.PC was, however, accorded to him. He has appealed.

2. Precisely, the, case of the prosecution as contained in the F.I. R, (Exh.PA/I) registered on the basis of complaint (Exh.PA) reduced into writing by Muhammad Nawaz Cheema, S.-I. (P.W.4), was that on 5-2-2006, about 7-30 p.m., on information delivered by Khyzar Hayat D.F.C. No.533, he along with a contingent of police officials while on patrol duty at Adda Badshahpur, apprehended the appellant and. recovered Charas weighing 750 grams from his possession, ten grams out of which were separated and sent to the Chemical Examiner for analysis. Subsequently, Chemical Examiner had confirmed that the substance recovered from the appellant's possession was contraband narcotic, as it would cause intoxication.

3. The learned counsel for the appellant at the outset submitted that he would not press the main appeal, if sentence of the appellant is reduced to the period already undergone by him as a small quantity of 750 grams of Charas had been recovered from him and he has already served out about nine months term of imprisonment. According to him, he is an elderly man of about sixty years of age. His wife is present in Court. She states that she has two young daughters of marriageable age and there is no male member to look after the young girls. Lastly the learned counsel points out that the appellant has no past record.

4. As against this, the learned counsel for the State has maintained that as long as the conviction of the appellant is not disturbed he has nothing much to say on the question of sentence as the same lies within the discretion of the Court.

5. In the peculiar facts and circumstances of the case, we are inclined to reduce the sentence of the appellant to the one already undergone by him. Accordingly while maintaining conviction of the appellant under section 9(b) of the Control of Narcotic Substances Act, 1997, we reduce the sentence of three years to the period already undergone by him. The sentence of fine is also reduced to Rs.3,000 from Rs.10,

000. However, in case of default in payment of fine, he shall suffer simple imprisonment for one month. Benefit of section 382-B, Cr.P.C. already allowed to him by the learned trial Court shall remain intact.

6. With the above modification in the sentence, this appeal stands disposed of. N.H.Q./M-265/L Sentence reduced.