Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)---S. 9(c)---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Sentence, reduction in---Petitioner contended that he would not argue the case on merits and would request for modification in the sentence, already undergone by him---Petitioner was in jail since his arrest on 28-3-2005--Meagre quantity of `Charas' weighing 1100 grams had been recovered from the bag carried by the petitioner and thrown in the street---Petitioner had already served out a major portion of his substantive sentence, extending over 3 years---Petition for leave to appeal was converted into appeal and partly allowed---Sentence awarded to petitioner was reduced from 7 years' R.I. to 4 years' R.I. to meet the ends of justice---Sentence of fine, however would remain intact. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---Mr. Zafar Hussain Bhatti, Additional Sessions Judge, Chunian vide judgment dated 19-12-2006, convicted petitioner Muhammad Iqbal alias Bali, under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced him to suffer 7 years' R.I. with fine of Rs.10,000 or in default whereof to undergo six months' R.I. The benefit of section 382-B, Cr.P.C. was extended to him. The petitioner, filed Criminal Appeal No.38 of 2007 in the Lahore High Court, Lahore, which was dismissed vide judgment dated 12-9-2007. The petitioner, has filed instant Criminal Petition before this Court, seeking leave to appeal against aforesaid judgment/ order. 2. According to prosecution story contained in F.I.R., Muhammad Abbas, S.-I. while on routine patrolling at Al-Noor Colony Chunian on 30-11-2004 at 5-00 p.m. received authentic information that petitioner along with a lady would come to bus stand to board a bus for Zaheer Abad Colony, carrying narcotics with them. On the basis of above information Muhammad…

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