Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Possessing and traffick­ing narcotic---Appreciation of evidence---Sentence, reduction in---Counsel for accused did not object conviction of accused, but had prayed for reduction of his sentence---Accused was rightly convicted on the basis of the evidence of recovery of the charas from him---Report of the Chemical Examiner also supported the prosecution case---No infirmity was found in the impugned to the extent of conviction of accused and no ground or justification was to warrant interference in the same---Conviction of accused was - maintained, in circum­stances---Prosecution evidence nowhere mentioned . that 45-Kgs charas was recovered from the accused---Trial Court had assumed that 45-Kgs charas was recovered from the accused mainly basing his statement recorded _ under 5.342, Cr. P. C. ---Accused had also led defence evidence in that behalf---Some part of the statement of accused was not to be taken as true and the remaining otherwise--Statement of accused either be discarded as a whole or be accepted in toto-Trial Court was not justified in law while giving finding that 45-Kgs charas was recovered from the accused---In view of relatively lesser quantity of the narcotic substance i.e. 5-Kgs recovered from accused, his sentence was reduced from death sentence into imprisonment for seven years--Benefit of S.382-B, Cr.P.C. was also extended to accused---Burden of fine as was ordained by the Trial Court, would remain intact. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Zulfiqar Hussain son of Faqir Hussain, caste Arain, resident of Chak No.23-A/GD District Okara, appellant was involved in case F.I.R. No.202 of 2002, dated 4-6-2002, offence under section 9(c)/25 of the Control of Narcotics Substances Act, 1997 registered at Police Station B-Division, Okara and was tried by learned Additional Sessions Judge, Okara, who vide judgment dated 20-3-2004, convicted the appellant under section 9(c)/25 of the Act and sentenced him to death. 2. Feeling aggrieved by the judgment of the learned trial court, the appellant impugned the same through filing Criminal Appeal No.403 of 2004, whereas the…

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