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2006 MLD 1863

TAJ MUHAMMAD alias TAJI vs THE STATE

Citation2006 MLD 1863
CourtLahore High Court
Case No.Criminal Appeal No, 2068 of 2005
Date2006-04-25
Judge(s)M. A. Shahid Siddiqui, Ali Nawaz Chohan
ResultSentence reduced.

' ALI NAWAZ CHOWHAN, J.---Taj Muhammad alias Taji appellant was convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 by the learned Additional Sessions Judge, Sargodha vide judgment, dated 9-12-2005 in case F.I.R. No,389, dated 11-10-2004 registered at Police Station Sahiwal District Sargodha and sentence to 8 years' R.I. With a fine of Rs,50,000 or in lieu thereof to further undergo three months' S.-I. He was given the benefit under section 382-B, Cr.P.C.

2. Briefly the prosecution case is that during raid 3000 grams of Charas along with scale, measurement weights, chhurree and Scissors were recovered from the Baitak of the appellant while he made good his escape.

3. To prove its case the prosecution examined as many as five witnesses. Muhammad Hayat P.W.1 deposed about the safe custody of sealed parcels said to contain Charas in the Malkhana of the Police Station. Nazar Muhammad, S.-I. P.W.2 and Mukhtar Ahmad, S.-I. P.W.3 are the recovery witnesses. Aziz Ullah P.W.4 transmitted the sealed parcel containing Charas to the office of Chemical Examiner. Nawab Hussain Dogar P.W.5 is the complainant and investigated the case.

4. The accused was examined under section 342, Cr.P.C. He denied all the allegations and recovery of Charas. He did not opt to appear as his own witness under section 340(2), Cr.P.C. But produced copy of order, dated 6-1-2005 as Exh. DA.

5. The learned counsel for the appellant is only asking for reduction in the sentence which means that he is not impeaching the credibility of the witnesses although they all are officials.

6. While we uphold the order of conviction we reduce the sentence from eight years to four years.

The fine is also reduced from Rs,50,000 to Rs,20,000 or in lieu thereof to further undergo one month's S.-I. He shall be entitled to the benefit under section 382-B, Cr.P.C. The appeal is disposed of with the above modification in the sentence.

Sentence reduced.

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