Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possessing and trafficking narcotics---Appreciation of evidence---Sentence, reduction in---Counsel for accused, without arguing the appeal on merits, requested that he would not press appeal against conviction of accused, if the sentence awarded to accused was reduced to the period which he had already undergone---Accused at the time of commission of alleged offence was juvenile and remained in jail including remissions for a long time---Accused being of tender age at the time of commission of the offence, was tried under provisions of Juvenile Justice System Ordinance, 2000---Quantum of sentence was inflicted to accused in the light of huge quantity of contraband material recovered from the truck, which accused was allegedly driving---Punishment must be purposeful; there were three purposes of punishment i.e. retributive; preventive; and reformative---Accused, who had not criminal record, at the time of commission of offence was a young boy, had indulged himself in the crime under some misguidance and temptation and had suffered adequate punishment---While maintaining the conviction awarded to accused by the Trial Court, his sentence was altered to the imprisonment which he had already undergone. Ghulam Murtaza v. The State PLD 2009 Lah. 362; Ameer Zeb v. The State PLD 2012 SC 380 and Niazuddin v. The State 2007 SCMR 206 rel. Sher Khan v. The State 2013 MLD 1512 ref. JUDGMENT AFTAB AHMED GORAR, J.---Having been found guilty of possessing 225 kilograms of charas, the Sessions Judge/Special Court (CNS), Jacobabad, by his judgment dated 4-8-2009, sentenced the appellant to undergo imprisonment for life and pay fine of Rs.100,000 and in default of payment of fine to undergo simple imprisonment for six months more. 2. Briefly, the facts of the prosecution case are that on 29-7-2008, at "Khokhar Laro", SIP Shahnawaz Khoso intercepted the Truck bearing registration No.TKE-/Quetta-311, going towards Shahdadkot side and recovered 225 kilograms of charas in shape of 123 slabs from the secret box in the bottom of the said truck and 97 slabs from the secret box above the driver's seat. The appellant was said…

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