S. 9-C--Recovery of Charas 1500 grams--Reduction of sentence--As per report submitted by the Superintendent District Jail the appellant has served out round...........

 PLJ 2024 Cr.C. (Note) 276
[Lahore High Court, Multan Bench]
Present: Sadaqat Ali Khan and Shehram Sarwar Ch., JJ.
QASWAR ABBAS--Appellant
versus
STATE and another--Respondents
Crl. A. No. 1116-J of 2019, decided on 5.9.2024.

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

----S. 9-C--Recovery of Charas 1500 grams--Reduction of sentence--As per report submitted by the Superintendent District Jail the appellant has served out round about three years of his entire sentence--Coming to the reduction of sentence of appellant, considering the peculiar circumstances of this case and agony of trial faced by the appellant--His sentence is reduced to that already undergone by him--Appeal disposed of.            [Para 4 & 5] A & B

Kh. Qaiser Butt and Ch. Imran Saqi, Advocates for Appellant.

Mr. Adnan Latif Sheikh, Deputy Prosecutor General for State.

Date of hearing: 5.9.2024.

Judgment

Shehram Sarwar, J.--Appellant (Qaswar Abbas) has been tried by the learned Addl. Sessions Judge-I/Kabirwala, in case FIR No. 113 dated 9.6.2019 offence under Section 9(c) of CNSA, 1997, (Charas 1500 grams) registered at Police Station 12-Meel Kabirwala district Khanewal and was convicted and sentenced as under:

Sentenced to R.I for a period of four years with fine of Rs. 20,000/- and in default of payment of fine, the convict shall have to undergo further simple imprisonment for five-months. Benefit under section 382-B, Cr.P.C was also extended to him.

2.       Heard. Record perused.

3.       At the very outset, learned counsel for the appellant does not press the conviction 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. On the other hand, learned Law Officer has no objection for reduction of sentence of the appellant in said offence.

4.       On 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. As per report submitted by the Superintendent District Jail Khanwal (Ex. C-1) the appellant has served out round about three years of his entire sentence.

5.       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 conviction of the appellant under Section 9 (c) of CNSA, 1997, his sentence is reduced to that already undergone by him. The amount of fine and the punishment in default whereof, as ordered by the learned trial Court, are maintained. As the appellant was granted bail by this Court vide order dated 3.11.2021, therefore, his surety shall stand discharged from the liability of bail bonds and in case of non-payment of fine, the law shall take its own course.

6.       With the above said modification in quantum of sentence this criminal appeal is disposed of.

(M.A.B.)         Appeal disposed of