Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)---.--- ---.---S. 9(c)---.---Possessing and trafficking of narcotics---.---Appreciation of evidence---.---Sentence, reduction in---.---Veracity of the allegation against accused was not doubtful, as counsel of accused, had frankly conceded that, conviction had been correctly made by Trial Court; and there was nothing wrong with the same---.---Prosecution had successfully proved the possession of narcotics substance from accused---.---Conviction of accused was sustained---.---Prosecution had not agitated at any stage that accused was a previous convict; or he bore a nasty character, spotted with ugly allegation alike---.---Enigmatic abandoning of co-passengers of accused by the prosecution, was a crucial circumstance, which needed to be looked at with doubt, as to the award of capital punishment to accused---.---Accused's maiden involvement in such like offence could be considered a mitigating circumstance with regard to quantum of sentence---.---Extreme penalty of death would be too harsh to be inflicted on accused---.---Accused, did not have any previous criminal antecedent, so had to be believed the first offender---.---Death sentence of accused, was converted into imprisonment for life, in circumstances. Muhammad Tariq's case 2009 SCMR 1220 and Gul Badshah v. The State 2011 SCMR 984 ref. THIS JUDGMENT DELIVERED BY: SHAHID HAMEED DAR, JUSTICE:---.------ This judgment shall dispose of Crl. A. No.245 of 2010 (Jamshed Khan v. The State) having been filed against judgment dated 25.01.2010, whereby learned Additional Sessions Judge Gujranwala held the appellant guilty under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced him to death with fine of Rs.1 million, in default whereof, to serve six months in jail. The CSR No.11-N-2010, as submitted by the learned trial court under section 374, Cr.P.C. for confirmation of death sentence shall also be dealt with herein. 2. The prosecution story as given in the FIR (Exh.PA) by Muhammad Afzal Inspector/SHO (PW-4) is that he along with seven fellow-police-officials was present at Khan Town on 27.05.2007 when he received a spy information that a…

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