Law: Control of Narcotics Substances Act, 1997

Section: 9(b)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(b)--Conviction and sentence--Challenge to--Prays for reduction of sentence--Purpose of sentencing system is not to vengeance from an offender and paramount consideration is to reform an errant member of .the society so as to become a useful citizen once again--In view of quantity recovered and nature of substance, reduction of sentence to period already undergone would not be out of place--Appeal is dismissed in terms that sentence is reduced to already undergone by appellant, however, amount of fine is kept intact--He is on bail by way of suspension of his sentence.[P. 417] A Mr. Attiq-ur-Rehman Kiyani, Advocate and Mr. Arshad Majeed Chaudhary, Advocate for Appellant. Mr. Sajjad Hussain Bhatti, D.P.G. for State. hearing date: 15.9.2021. JUDGMENT Raja Shahid Mehmood Abbasi, J.--Muhammad Farooq, appellant is in receipt of guilty verdict returned to him by a learned Sessions Judge/ Judge Special Court CNS, at Jhelum vide judgment dated 12.06.2017; he stands convicted under Section 9(b) of the Control of Narcotic Substances Act, 1997 and sentenced to one year and three months rigorous imprisonment with fine of Rs. 9000/- or to undergo three months and fifteen days simple imprisonment in the event of default with benefit of Section 382-B of the Code of Criminal Procedure, 1898. 2. The facts leading to the filing of the instant appeal are that Muhammad Farooq, appellant was surprised by a police party of Police Station Mangla Cantt., District Jhelum when found in possession of two pieces of charas weighing 140 gram, out of which 05/05 gram was separated for the purpose of analysis. The case was structured through complaint Ex.PB by Imran Amjad, ASI/PW3 and recovery was supported by Muhammad Usman 463/C (PW.4). Remaining witnesses relate to investigative…

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