PLJ 2022 Cr.C. (Note) 148
Control of Narcotic Substances Act, 1997 (XXV of 1997)--
----S. 9(c)--Conviction and sentence--Challenge to--Recovery of charas--Modification in quantum of sentence--Request for reduction of sentence--On our reappraisal of evidence, appellant has rightly been convicted by trial Court in offence u/S. 9(c) of CNSA, 1997--Coming to reduction of sentence of appellant, considering peculiar circumstances of this case discussed above and agony of trial faced by appellant while maintaining convictions of appellant under Section 9(c) of CNSA, 1997, his sentence is reduced to that already undergone by him--The amount of fine (Rs. 20,000/-) and punishment in default whereof, as ordered by trial Court, are maintained--Appeal disposed of. [Para 4] A
PLJ 2017 SC 660 & 2021 SCMR 109.
Mr. Shah Nawaz Khan Niazi, Advocate for Appellant.
Mr. Muhammad Waqas Anwar, Deputy Prosecutor General for State.
Date of hearing: 23.2.2022.
PLJ 2022 Cr.C. (Note) 148
[Lahore High Court, Lahore]
Present: Shehram Sarwar Ch. and Muhammad Tariq Nadeem, JJ.
ZAHID RASOOL--Appellant
versus
STATE--Respondent
Crl. A. No. 69160-J of 2020, heard on 23.2.2022.
Judgment
Shehram Sarwar Ch., J.--Zahid Rasool (appellant) has been tried by the learned Addl. Sessions Judge/Judge Special Court (CNSA), Shakargarh in case FIR No. 398 dated 10.10.2019 offence under Section 9(c) of CNSA, 1997 (charas weighing 1333 grams) registered at Police Station City Shakargarh District Narowal and has been convicted and sentenced vide judgment dated 14.12.2020 as under:-
“16. ... the accused Zahid Rasool is sentenced to undergo four (04) years and six (06) months Rigorous Imprisonment with fine of Rs. 20,000/- (Twenty Thousands). In default of payment of fine, he shall further undergo Simple Imprisonment for five months.
17. ... Benefit of Section 382-B, Cr.P.C. shall be available to the convict ...”
2. Heard. Record perused.
3. At the very outset, learned counsel for the appellant does not press the convictions of the appellant in offence under Section 9(c) of CNSA, 1997 and has requested for reduction of his sentence awarded by the learned trial Court to that already undergone by him, on the ground that the appellant has expressed remorse and repentance with an assurance not to deal with narcotics in future.
4. On our reappraisal of evidence, we are of the view that the appellant has rightly been convicted by the learned trial Court in offence under Section 9(c) of CNSA, 1997. Coming to the reduction of sentence of appellant, considering the peculiar circumstances of this case discussed above and agony of trial faced by the appellant while maintaining convictions of the appellant under Section 9(c) of CNSA, 1997, his sentence is reduced to that already undergone by him. The amount of fine (Rs. 20,000/-) and the punishment in default whereof, as ordered by the learned trial Court, are maintained. Reliance may be placed on the case law reported as “State through Deputy Director (Law) Regional Directorate, Anti-Narcotics Force vs. Muiahid Naseem Lodhi” (PLJ 2017 SC 660) and “Mst.Sughran and another vs. The State” (2021 SCMR 109).
5. With the above said modification in the quantum of sentence, this criminal appeal is disposed of.
(A.A.K.) Appeal disposed of
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