Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics---Appreciation of evidence---Counsel for accused did not press the appeal on merits and prayed. that impugned sentence and fine be reduced to that of already undergone by accused---Out of total sentence of five years and two months awarded to accused, he had served out sentence of three years, seven months and twelve days, including remission---Accused was first offender and claimed to be the sole bread earner of his family---Sentence awarded to accused was modified to that of already undergone by accused---Accused was ordered to be released, in circumstances. ORDER Through this Criminal Appeal the appellant has impugned the judgment, dated 20-1-2010 passed by the learned Special Judge (C.N.S.), Court-I, Karachi, in Special Case No.162 of 2008, culminating from F.I.R. No. 118 of 2008 under section 9(c) C.N.A. Act, 1997 of Police Station ANF, Clifton, Karachi, whereby he has been convicted to suffer R.I. for five (5) years and pay fine of Rs.30,000 and in default of payment of fine to further undergo S.I. for two (02) months. 2. The learned counsel for the appellant does not press the appeal on merits and pray that the impugned sentence and fine be reduced to that of already undergone by the appellant. The learned Special Prosecutor, ANF, opposes the Appeal on the ground that capsules containing heroin power weighing 1005 grams were recovered from the appellant and the trial Court has already taken a lenient view while awarding sentence to him. 3. We have heard the learned…

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