2006 PLP 1596 (MLD)

SH. ABDUR RASHID, J.

Kachkol Khan son of Mastan Khan (appellant in Criminal Appeal No.102-J/2002) and Muhammad Shafi Khan son of Safeer Khan (appellant in Criminal Appeal No.327-J/2002) along with Syed Israr Haider Shah co-accused were tried in case F.I.R. No.559 of 2001 under sections 6/9(c) of C.N.S.A. 1997 registered at Police Station Jaranwala. Whereas their co-accused Syed Israr Haider Shah was acquitted, both the appellants were convicted under section 9(c) of the Control of Narcotics Substances Act, 1997 and while Kachkol Khan appellant was sentenced to suffer imprisonment for life and was directed to pay a fine of Rs.1,00,000 or six months' R.I. in default thereof, Muhammad Shafi Khan appellant was sentenced to death and was directed to pay a fine of Rs.1,00,000 or to suffer six months' R.I. in default of the payment of the said fine. Both these appellants were also convicted under section 6 of the said Act for selling 200 grams of charas and each one of them was sentenced to suffer five years' R.I. and a fine of Rs.20,000 or to undergo R.I. for two months. The sentences of imprisonment were directed to run concurrently.

2. Feeling aggrieved by 'their conviction and sentences, Kachkol Khan appellant has filed Criminal Appeal No.102-J/2002 whereas Muhammad Shafi Khan appellant has approached this Court through Criminal Appeal No.327-J/2002. Both these appeals are being disposed of together through this single judgment.

3. According to the prosecution case Kachkol Khan and Muhammad Shafi appellants were dealing with narcotics and they used to bring narcotics substances from tribal area and deliver it to their co-accused Syed Israr Haider Shah who used to run a hotel and all three of them used to sell narcotics in Jaranwala and on receiving secret information about their said activity a fake customer was sent who purchased 200 grams of charas from Kachkol Khan appellant who received Rs.1000 from him as sale price and thereafter Muhammad Shafi appellant . provided the said narcotics substance and thereafter Ikram ul Haq A.E.T.O. along with Muhammad Amin Inspector C.I.A. Jaranwala raided the appellants and upon interrogation it was revealed that huge quantity of charas had been kept at the house of Syed Israr Haider Shah acquitted co-accused and both the appellants including the said Israr Haider led to his house and got recovered 15 kilograms of charas out of which 15 packets of 50 grams each were prepared and made into sealed parcels and sent to the office of Chemical Examiner for analysis. The report of the Chemical Examiner found the contents of the narcotics to be charas and consequently the appellant were challaned.

4. Learned counsel for the appellants while arguing the case did not contest the conviction of the appellants and only prayed for reduction in their sentences on the ground that according to the prosecution case 15 kilograms of charas was allegedly recovered from the two appellants and one acquitted co-accused and the share of each accused would be 5 kilograms and that in view of the principle laid down in Jahangir Muhammad Khan and others v. The State (2004 PCr.LJ 1424) the sentences of the both the appellants deserve to be reduced.

5. Since learned counsel for the appellants does not seriously contest the conviction of the appellants, therefore, their appeals are dismissed and their conviction as awarded by the learned Trial Court is maintained. So far as quantum of sentence is concerned, in view of the principle laid down in 2004, PCr.LJ 1424 the sentence of each appellant is reduced to that of eight years' R.I. and a fine of Rs.25000 or to suffer further R.I. for four months. Their sentences under section 6 the C.N.S.A. 1997 is also reduced to that of 3 years' R.I. each and fine of Rs.5000 and in default thereof two months' R.I. each. All the sentences shall run concurrently and both the appellants are also granted the benefit of the provisions of section 382-B, Cr.P.C. N.H.Q./M-1322/L?????????????????????????????????????????????????????????????????????????????? Sentence reduced.