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Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Modification in sentence--Sentence was reduced--Held: Plea of alibi is not proved then sentence be reduced to already undergone--No infirmity in impugned to extent of conviction of appellant, as awarded by trial Court and as such High Court found no ground or justification to warrant interference--Consequently, High Court were inclined to maintain conviction as recorded by trial Court--While dismissing appeal, modify sentence of rigorous imprisonment passed against appellant by trial Court, was reduced to that already undergone by appellant. JUDGMENT Miss Aalia Neelum, J.--Muhammad Esa son of Ghulam Nabi, caste Joyia, aged 54 years, resident of Phathi Joyianwali, Police Station Piplan, Tehsil Piplan, District Mianwali, the appellant was involved in case F.I.R. No. 300 dated 7.12.2008, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Piplan, District Mianwali and was tried by the learned Addl. Sessions Judge/Special Court (CNSA), Mianwali. The learned trial Court seized with the matter in terms of judgment dated 15.03.2010 convicted the appellant under Section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced him to undergo for four years imprisonment with direction to pay Rs. 30,000/-as fine and in case of default thereof, further undergo Simple Imprisonment for six months. The benefit of Section 382-B, Cr.P.C. was also extended in favour of the appellant. 2. Feeling aggrieved by the judgment of the learned trial Court, Muhammad Esa, appellant assailed his conviction through filing of the instant Criminal Appeal. 3. The prosecution story as alleged in the F.I.R (Exh.PA/1) lodged on the complaint (Exh.PA) of Raza Ullah Khan, Inspector/SHO (PW-5) is that on 7.12.2008 he along with Muhammad Asghar, SI, Salah Muhammad, SI, Muhammad Asghar, Eid Muhammad, Ghulam Hussain, Umar Hayat and Muhammad Aslam, constables was present at Phathi Joyianwali. At about 11.30 p.m. he received spy information that accused Muhammad Esa was narcotic seller and is present in front of his house on his…

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