' MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.--- applicant was convicted vide judgment dated 26-10- 1996, passed by the learned Special Judge, Okara, under section 9(c) of Control of Narcotic Substances Act, 1997, and was sentenced to imprisonment for life and fine of Rs,10,00,000. In the judgment, there was no mention of period of imprisonment that the applicant was to suffer in case of default of payment of fine Rs,10,00,000.
2. This conviction was challenged in this Court through Criminal Appeal No,133/J of 2000, in which a Division Bench of this Court, vide judgment, dated 23-6-2004, maintained the conviction but reduced the sentence to the period to which the applicant had already undergone, however, no order was passed in respect of the fine or to the period of imprisonment in lieu thereof. The applicant moved an application before the Honourable Chief Justice of Pakistan for the redressal of his grievance, which has been sent to this Court for examination and disposal. Accordingly this application is being treated under section 561-A, Cr.P.C. In Criminal Appeal No,133/J of 2006.
3. We have heard the learned Assistant Advocate-General and perused the record.
4. Perusal of the file reveals that earlier an application (Criminal Miscellaneous No,173/M of 2005) was filed by the petitioner for remission of fine, but it was withdrawn on 22-2-2006. However, the present grievance of the petitioner was not brought to our notice at that time. We have found that the learned trial Court did not fix any period of sentence in default of payment of fine Rs, 10, 00,000.
Similarly, no such order was passed by this Court in Criminal Appeal No,133/J of 2000. The omission appears to be more of clerical nature and under section 561-A, Cr.P.C. While exercising inherent powers, this Court can rectify such an omission. Accordingly, we feel that ends of justice would meet if the fine is reduced considerably and fix the sentence in lieu of default in the payment of this fine.
5. Under the circumstances, the fine payable by the applicant is reduced from Rs,10,00,000 to'
Rs,25,000 and in default of payment of fine shall undergo two months' S.I. Except for this addition, the judgment, dated 23-6-2004 of this Court shall remain unaltered. This order will take effect from the date of the judgment. C.M. Disposed of.