Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Sentence, reduction in---Appeal was not pressed on merits and only reduction in sentence was prayed for---"Charas" weighing 1060 grams was recovered from possession of accused---Accused was in custody since long and had served out substantive sentence of more than two years---Accused was a first offender and had shown his remorse and penitence during his period of imprisonment after his conviction and he deserved leniency---Sentence of ten years' R.I. awarded to accused by Trial Court was reduced to two years' R.I. with substantial reduction in fine in circumstances. 1989 PCr.LJ 840; PLD 1977 Kar. 1049; 1993 PCr.LJ 490; 1991 PCr.LJ 886 and 1993 MLD 1823 ref. JUDGMENT DR. RANA MUHAMMAD SHAMIM, J.---This appeal is directed against the impugned judgment, dated 6-8-2007 passed by learned 1st Additional Sessions Judge/Special Judge, C.N.S. Hyderabad in Special Case No.53 of 2006 'arising out of Crime No.42 of 2006 of Policed Station Hali Road, Hyderabad, whereby the appellant was convicted under section 9(c) of Control of Narcotic Substances, 1997 and sentenced to suffer R.I. for ten years add to pay fine of Rs.1,00,000 (Rupees one lac). In case of default in payment of fine, the appellant was to suffer S.I. for six months more. He was however, granted benefit under section 382-B, Cr.P.C. The facts of the prosecution case as narrated in the F.I.R., lodged by complainant S.-I.P. Arshad Ali that on 3-7-2006 at 2245 hours he along with his subordinate staff left police station for patrolling in official vehicle at about 2030 hours under Roznamcha Entry No.28. During patrolling, they reached at Maji Hospital Chowk where they received spy information that one person is selling Charas near Barkat Bhai Town. The complainant party immediately rushed towards pointed place at 2130 hours where they saw the said person who on seeing police party tried to slip away towards Barkat Bhai Town, but he was apprehended by A.S.-I. Fazal Dad at the distance of 20/25 paces. On enquiry, he disclosed his name Ikhtiar alias Dado son of Abdul Rasheed. His personal search was conducted in presence of official Mashirs namely…

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