2008 PLP 373 (MLD)
TANVEER AHMED KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 373 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | TANVEER AHMED KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2008 PLP 373 (MLD)?
This judgment primarily cites: Control of Narcotic Substances Act (XXV of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 373 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 373 (MLD) (TANVEER AHMED KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Nazeer for Respondent.
Headnotes / Summary
S. 9(b)
Criminal Procedure Code (V of 1898), S.410
Sentence, reduction in
Appellant who was convicted under S.9(b) of Control of Narcotic Substances Act, 1997, prayed for reduction in his sentence on ground that he was not a previous record-holder
Appellant was in judicial custody since the date of his arrest hence to meet the ends of justice his sentence of 3 years' R.I. was reduced to the period already undergone by him which was one year and seven months
Sentence of fine of appellant was also substantially reduced.
Judgment & Decree
M. BILAL KHAN, J.
The appellant, namely, Tanveer Ahmad Khan Azhar son of Muhammad Sharif, was tried by the learned Sessions Judge, Pakpattan Sharif, in case F.I.R. No.282, dated 25-6-2005, registered with Police Station City Pakpattan Sharif for an offence under section 9(b) of the Control of Narcotic Substances Act, 1997, for retaining in his possession 250 grams of charas. The learned trial Judge by virtue of his judgment dated 8-7-2006 found him guilty of the said charge, convicted and sentenced him to rigorous imprisonment for three years with a fine of Rs.5,000 or in default of payment thereof to further undergo simple imprisonment for two months. Benefit of section 382-B, Cr.P.C. was, however, extended to him. He has appealed.
2. Precisely the allegation against the appellant, according to the F.I.R. at the instance of Mazhar Jameel, A.S.-I. was that on 25-6-2005 he was apprehended by the complainant and his search yielded Charas weighing 250 grams in addition to Rs.320; out of the recovered substance ten grams were separated for chemical analysis. The report of the Chemical Examiner was in the positive.
3. At the outset, the learned counsel for the appellant submitted that he does not challenge conviction of the appellant on merit, however, he prays for reduction in the sentence awarded to him on the ground that he is not a previous record-holder and is behind the bars since the date of his arrest.
4. The learned counsel for the State does not seriously oppose the prayer made by learned counsel for the appellant.
5. Keeping in view the aforesaid situation, we are of the view that as the appellant is in judicial custody since the date of his arrest and has already served out about one year and seven months sentence, therefore, reduction in sentence to the period already undergone by him will meet the ends of justice.. Accordingly, we dismiss this appeal to the extent of appellant's conviction recorded by the learned trial Court, but allow the same partly to the extent of his sentence of imprisonment, which is hereby reduced to the one already undergone by him. Sentence of fine is also reduced to Rs.3,000 and in case of non-payment thereof, he shall suffer simple imprisonment for one month. Benefit of section 382-B, Cr. P. C. allowed to him shall remain intact.
6. With the above modification in the sentence of the appellant, this appeal stands disposed of. F.B./T-24/L Appeal disposed of.