2006 PLP 930 (YLR)

M. BILAL KHAN, J.

Abdul Rashid son of Annul Ullah was tried by the learned Additional Sessions Judge, Mianwali, in case F.I.R. No.245 dated 11-9-2002, registered at Police Station, Saddar Mianwali, for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997. The learned trial Judge by virtue of its judgment dated 11-11-2003 found him guilty of the said charge, convicted and sentenced him to undergo rigorous imprisonment for ten years with a fine of Rs.50,000 or in default of payment thereof to further suffer simple imprisonment for six months. Benefit of section 382-B, Cr.P.C. was, however, extended to him.

2. Feeling aggrieved of his conviction and sentence, the appellant has approached this Court by filing the instant appeal.

3. According to the prosecution story as narrated in the FIR. (Exh.PA/1) recorded on the basis of complaint (Exh.PA) sent by Azhar Yaqub, Inspector! S.H.O. (P.W.4), on 11-9-2002 at 10-00 a.m., he along with other police officials was present near P.A.F. Colony in connection with investigation of case F.I.R. No.243 dated 11-9-2003, registered at Police Saddar, Mianwali for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997, when the appellant while in custody disclosed that he had concealed Charas and opium in his house, which he could get recovered; on his pointation, the complainant along with his companions reached the appellant's house through official van and from a room thereof, recovered four packets of Charas and opium wrapped in a polythene paper; on weighing Charas was found to be four kilograms, whereas opium was one kilogram; ten grams Charas out of each packet i.e. forty grams and ten grams of opium were separated for chemical analysis. Subsequently, Chemical Examiner had confirmed that the substances recovered from the appellant's possession was contraband narcotics, as it would cause intoxication.

4. Both the sides have been heard at length and record perused. When confronted by this Court that the prosecution has proved its case against the appellant beyond any shadow of doubt by producing cogent evidence, the learned counsel for the appellant submitted that he does not challenge conviction of the appellant recorded by the learned trial Court on merits and only prays for reduction in the sentence in view of peculiar features of the case. As against this, the learned counsel for the State has maintained that as long as the conviction of A 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. Keeping in view the aforesaid situation, we maintain conviction of the appellant under section 9(c) of the Control of Narcotic Substances Act, 1997.

6. As regards prayer of the learned counsel for the appellant for reduction in the sentence awarded to the appellant, we may observe here that the appellant is not a previous convict and the quantity of narcotics recovered from his possession was five kilograms, therefore, the sentence awarded to him calls for reduction. Accordingly, while taking a C lenient view in the matter of sentence, we reduce his sentence from rigorous imprisonment for ten years to rigorous imprisonment for five years. The sentence of' fine is also reduced to Rs.20,000, however, in case of' non-payment thereof, he will suffer rigorous imprisonment for three months.

7. With the above modification in the sentence, this appeal stands disposed of. 8.? It may further be observed here that since F.I.R. in the instant case is in continuation of F.I.R. No.243, dated 11-9-2002, registered at Police Station Saddar, Mianwali for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997, for which the appellant had been sentenced to rigorous imprisonment of three years, therefore, we direct that the sentences awarded to the appellant in both the cases shall run concurrently. Benefit of section 382-B, Cr.P.C. shall also be extended to him. N.H.Q./A-671/L????????????????????????????????????????????????????????????????????????????????? Sentence reduced.