Law: Control of Narcotics Substances Act, 1997

Section: 9(b)(c)

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,382B

Control Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Sentence--Recovery of four packets of charas--Lady accused--Conviction was altered from Section 9(c) to 9(b) Act--Validity--Consequently, after calculating and reducing 1/3rd of sentence of appellant, same becomes "Rigorous imprisonment for 10 months, alongwith fine of Rs.6,000/-, in default whereof to further suffer simple imprisonment for 02 months and 10 days" and resultantly, appellant is awarded above mentioned sentence, with benefit of Section 382-B Cr.PC--With alteration/modification in conviction and sentence of appellant, appeal is dismissed. Sentence-- ----Sentencing policy--Female accused--Gender--Furthermore, as per above mentioned sentencing policy, a women and a child, because of their gender and tender age, are to be awarded 1/3rd lesser sentence of imprisonment, fine and sentence in default of payment of fine, than normal sentence prescribed above. THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, J.- By way of this appeal, Muqadas Bibi (hereinafter referred to as the appellant), has called in question the judgment dated 18.05.2018, passed by the learned Additional Sessions Judge/Judge CNS, Pindi Bhattian, District Hafizabad, whereby in case FIR No. 372, dated 30.06.2017, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter referred to as the Act), at Police Station Jalalpur Bhattian, District Hafizabad, she has been convicted under Section 9(c) of the Act and sentenced to rigorous imprisonment for 04 years and 04 months, alongwith fine of Rs. 20,000/-, in default whereof to further undergo simple imprisonment for four months, with benefit of Section 382-B Cr.PC. 2. The appellant was challaned to the Court, with the precise charge of recovery of four packets of 'charas', each weighing 01 kilogram, thus total weighing 04 kilograms, from her possession. She had denied the charge and claimed the trial, hence prosecution witnesses namely Rai Muhammad ASI, Nazia Lady Constable, Asif Javed Head Constable, Amjad Hussain SI and Muhammad Yaqoob SI were summoned and recorded as PW-1, PW-2, PW-3, PW-4 and PW-5 respectively. Thereafter, the appellant…

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