| Citation(s) |
|---|
| 2014 SLG 470 2014 SLD 470 2014 MLD 690 |
Peshawar High Court
Criminal Appeal No. 558 of 2010, decision & hearing Dated: 28-05-2013.
MAZHAR ALAM KHAN MIANKHEL, JUSTICE, IKRAMULLAH KHAN, JUSTICE
Noor Alam Khan for Appellant. Muhammad Atif Nazir, SSP for State.
Criminal Appeal No. 558 of 2010, decision & hearing Dated: 28-05-2013.
MAZHAR ALAM KHAN MIANKHEL, JUSTICE, IKRAMULLAH KHAN, JUSTICE
Noor Alam Khan for Appellant. Muhammad Atif Nazir, SSP for State.
FAKHAR ZAMAN
VS
THE STATE
Law:
Section:
Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possessing and trafficking of narcotics---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Five witnesses examined by the prosecution to prove its case, had given a vivid account of the occurrence in the court---No discrepancy was noticed in the statement of any of the witnesses as could create doubt in the prosecution version---All the witnesses were subjected to a searching cross-examination---Nothing was on record as could even remotely suggest that the incriminating substance was either planted, or accused was falsely charged and there was no doubt as to the guilt of accused---Accused who was a young man, was sentenced to life imprisonment---Accused besides being a patient of Hepatitis-C was also a first offender, having no history of being involved in narcotics cases---Material available on record showed that the accused appeared to be a carrier---Role and conduct of accused, in circumstances, would call for lesser punishment---While maintaining conviction of accused, his sentence was reduced from life imprisonment to ten years' R.I., by leaving the fine and benefit of S.382-B, Cr.P.C., intact. Gul Raeef Khan v. State 2008 SCMR 865; Muhammad Tariq v. State 2009 SCMR 1220 and Mudassir v. State 2012 YLR 463 rel. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, JUSTICE:- --.--- Fakher Zaman, appellant herein, was found in possession of 82.600 kilograms of `Charas Garda' and 7 kilograms of `Charas Pukhta'. A case under section 9(C) of the Control of Narcotic Substances Act, 1997 was registered against him vide F.I.R. No. 23, dated 5-4-2009 in Police Station Anti-Narcotics Force, Peshawar. After his arrest and completion of investigation, he was sent to the Court of learned Special Judge (CNS), Peshawar for trial, who, on its conclusion, convicted and sentenced him to suffer imprisonment for life with a fine of Rs.50,000 or in default, to further undergo six months S.I videjudgment dated 17-5-2010. Hence, this appeal. 2. The learned counsel appearing on behalf of the appellant in the first instance by referring to a few minor discrepancies in the evidence tried…
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