-S. 9(c)--Reduction of sentence--Mitigating circumstances--Learned counsel for the appellant does not press conviction and

 PLJ 2024 Cr.C. (Note) 253

[Lahore High Court, Multan Bench]

Present: Sadaqat Ali Khan and Shehram Sarwar Ch., JJ.

FEROZ--Appellant

versus

STATE--Respondent

Crl. A. No. 1400-J of 2019, heard on 9.9.2024.

Control of Narcotics Substances Act, 1997 (XXV of 1997)--

----S. 9(c)--Reduction of sentence--Mitigating circumstances--Learned counsel for the appellant does not press conviction and has requested for reduction of his sentence--Considering the peculiar circumstances of this case discussed above and agony of trial faced by the appellant while maintaining his conviction--His sentence is reduced which he has already undergone--Appeal disposed of.

                                                                                      [Para 3] A & B

PLJ 2017 SC 660 ref.

Ch. Imran Saqi, Advocate for Appellant.

Ch. Muhammad Akbar, DPG for Complainant/State.

Date of hearing: 9.9.2024.

Judgment

Sadaqat Ali Khan, J.--Appellant Ferez has been tried by the trial Court in case FIR No. 548 Dated 21.11.2018 offence u/s/9c) of CNSA, 1997 (Charas weighing 1020 grams) Police Station Saddar, District Dera Ghazi Khan, and was convicted and sentenced vide judgment dated 5.12.2019 as under:

Feroz (appellant)
u/S. 9-C of CNSA

Sentenced to 4-years and 6-months R.I. with fine of Rs. 20,000 and in default whereof to further undergo 5-months S.I with benefit of Section 382-B, Cr.P.C.

2.       Heard. Record perused.

3.       At the very outset, learned counsel for the appellant does not press conviction of the appellant in offence under Section 9 c) of CNSA, 1997 and has requested for reduction of his sentence on the ground that he has expressed remorse and repentance with an assurance not to deal with narcotics in future. On reappraisal of evidence, we are of the view that appellant has rightly been convicted by the 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 his conviction under Section 9(c) of CNSA, 1997 his sentence is reduced from 4-years & 6-months R.I. to 2-months RI which he has already. Undergone as per report of Superintendent Jail, concerned (Exh.C1). Fine of Rs. 20,000/- is maintained but sentence in default whereof is reduced from 5-months S.I. to 27-days S.I. Benefit of Section 382-B, Cr.P.C. is also given to the appellant. (PLJ 2017 SC 660) “State through Deputy Director (Law) Regional Directorate, Anti Narcotics Force vs. Mujahid Naseem Lodhi”.

4.       With the above said modification in the impugned judgment, this criminal appeal is disposed of.

(K.Q.B.)          Appeal disposed of