Law: Control of Narcotics Substances Act, 1997

Section: 9(C)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Quantum of sentence--Modification in sentence--Recovery of 1350 grams of charas--Appreciation of evidence--Question of sentence was apprehended by police party at spot and recovered 1350 grams of charas paira numa from his possession--Prosecution has proved guilt of appellant beyond any reasonable doubt and has successfully discharge its burden through consistent and confidence inspiring evidence--The impugned is based on sound appreciation of evidence and there is nothing on record to suggest any ill-will or animosity against any of prosecution witnesses--In this way, impugned , resulting into conviction of appellant for offence u/S. 9-C of Control of Narcotic Substances Act 1997--Quantum of sentence of appellant is concerned, that appellant is first offender and he never remained involved in any other criminal case--He was arrested and at time of pronouncement of by trial Court he was in custody--His sentence was suspended by High Court, thus he has already served out more than 2½ year of his sentence--He also faced agony of protracted trial coupled with incarceration, therefore, he should be given an opportunity to mend his ways--Appeal was dismissed.[P. 635] A B JUDGMENT Raja Shahid Mehmood Abbasi, J.--This criminal appeal is directed against the judgment dated 31.08.2017 passed by learned Additional Sessions Judge, Taxila in case FIR No. 625 dated 04.12.2016, under Section 9-C of the Control of Narcotic Substances Act 1997, Police Station Taxila, whereby he convicted, Matloob Hussain Shah, appellant under Section 9-C of the Act ibid and sentenced him to undergo four (04) years and six (06) months R.I. with fine of Rs. 20,000/- or in default whereof to further undergo S.I. for five (05) months besides giving him the benefit of Section 382-B, Cr.P.C. 2. Succinctly stated the facts leading to the filing of instant appeal are that on 04.12.2016 at about 12:30 p.m., the contingent of Police Station Taxila, on the tip of spy information, apprehended the appellant in a street of Mohallah Majawar and got recovered charas Paira numa weighing 1350 grams.…

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