Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 173,342,382B

Control of Narcotic and Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)-Conviction and Sentence-Challenge to--Possession of Narcotics--Reappraisal of evidence--Reduction in sentence--Recovery of 1340 grams of Charas wrapped in blue colour polythene bag out of which 67 grams was separated for chemical analysis--Appellant had already served out substantial portion of imprisonment and remaining portion of his sentence is short--Charas is less harmful to human life as compared to Heroin--Appellant is first offender deserved to be treated with leniency--State could not produce any record whereby appellant was previously convict--Fit case for reduction of sentence, while maintaining the conviction of appellant, reduce his sentence to the period already served out. 2011 SCMR 965; PLD 2017 SC 671 ref. THIS JUDGMENT DELIVERED BY: CH. MUSHTAQ AHMAD, J.- Appellant Rehan Masih has challenged vires of judgment dated 25.9.2018 passed by learned Additional Sessions Judge, Sahiwal whereby he was convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to 4½ Years R.I. with fine of Rs.20000/- and in the event of default of payment thereof to undergo further simple imprisonment for five months with benefit of Section 382-B, Cr.P.C. in case FIR No. 45 dated 28.1.2018 registered under Section 9(c) of CNSA, 1997 at PS City, Sahiwal. 2. As per complaint (Exh.PA) on 28.1.2018 at 11.25 a.m. complainant Kashif Ali, S.I. (PW-3) alongwith five other police officials was present at 'Dar-e-Wala Khokha' falling within territorial jurisdiction of Police Station City, Sahiwal where he received spy information that Rehan Masih was selling charas at Stadium Chowk and if raid is conducted he can be apprehended with huge quantity of contraband narcotics. On this information complainant alongwith his team came there and apprehended the said person. On personal search, he recovered 1340 grams charas wrapped in blue colour polythene bag out of which 67 grams charas was separated for chemical analysis. Hence, this case. 3. Investigation of the case was conducted by PW-4 Zia Ullah, S.I. On completion of investigation report under Section 173, Cr.P.C. was submitted…

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