Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,382B,410

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Appreciation of evidence---Sentence, reduction in---Four Kilograms opium was recovered from the waistcoat of accused when he was travelling in a passenger bus---Material on record showed that prosecution had duly proved its case against accused, who had been rightly convicted and sentenced by the Trial Court---No evidence was available against accused to prove that he was either a drug trafficker, previous convict or previously involved in such like activities---Case of accused, in circumstances, could be considered for reduction of sentence---Quantum of sentence awarded to accused seemed to be harsh and needed to be reviewed---While maintaining the conviction of accused, his sentence of imprisonment was reduced from five years to three years R.I. and sentence of fine from Rs.10,000 to Rs.5,000, accordingly. Nazar Muhammad v. The State 1986 PCr.LJ 2065 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALAM KHAN, J.--- Darwaish, appellant herein, through this appeal filed under section 410, Cr.P.C. read with section 48 of the Control of Narcotic Substances Act, 1997, has challenged the conviction and sentence recorded by the learned Additional Sessions Judge-V, D.I. Khan per her judgment, dated 1-2-2007 in case F.L.R. No.11, dated 21-1-2007 under section 9 C.N.S.A. 1997, registered at Police Station, Paroa, District D.I. Khan, whereby he has been convicted under section 9(c) thereof and sentenced to five years' R.I. with payment of fine amounting to Rs.10,000, in default to suffer ten months imprisonment. Benefit under section 382-B, Cr.P.C. was, however, extended to him. 2. The allegations against the convict/appellant contained in F.I.R. are that on 21-1-1997 at Remak Check Post on D.I. Khan-Multan Road. Salahuddin Khan S.H.O. of Police Station Paroa had made 'Naqabandi' for checking outlaws when a Bus No.LXP-5510 coming from Dera side was stopped for checking and the appellant found suspected was deboarded there which allegedly led to the recovery of opium weighing four kilograms from his waistcoat. 3. After completion of usual formalities, complete challan was put against the accused in Court for…

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