' TARIQ SHAMIM, J.---Farooq Hussain appellant was tried in case F.I.R. No.359, dated 17-8-2004 for offence under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station City A-Division Sheikhupura, by the learned Addl. Sessions Judge Sheikhupura and vide judgment, dated 23-1-2006 the said learned trial Court sentenced him to suffer 5 years' R.I. And a fine of Rs,10,000 or in default thereof S.I. For 6 months. Benefit of section 382-B, Cr.P.C. Was also extended to him. Being aggrieved of the said conviction and sentence the appellant has filed Criminal Appeal No.182 of 2006.
2. According to the F.I.R. Exh.PC/1 on 17-8-2004 Riaz Ahmad A.S.-I. Police Station City A-Division Sheikhupura along with other officials while on patrol duty at Mohallah Rehmanpura received a secret information that Farooq Hussain is coming from towards Sharqpur Road side and he is in possession of Charas whereupon the police party reached the spot and on the pointation of the informer apprehended Farooq Hussain appellant. Upon his personal search a black shopper containing charas (weighing 1500 grams) was recovered out of the fold of his Shalwar which was taken into possession. Out of the recovered charas 10 grams of charas was separated and made it into a separate sample sealed parcel and sent the same to the Office of Chemical Examiner for chemical analysis and according to the report of the Chemical Examiner the sample sealed parcel contained charas. After completion of the investigation, the appellant was challaned and put to trial for prosecution. Charge was framed to which the appellant pleaded not guilty and claimed to be tried.
3. The learned trial Court after conclusion of the trial heard the arguments of the learned counsel for the parties, convicted and sentenced the appellant as mentioned above.
4. Learned counsel for the appellant at the very outset, instead of arguing the appeal on merits, conceding the impugned judgment, frankly prayed that the sentence of the appellant may kindly be reduced to the extent of half, to which the learned counsel appearing on behalf of the State has no objection.
5. The appellant was arrested on 17-8-2004 and remained in custody during trial and is behind the bars since his arrest. Keeping in view the fact that the appellant was a student of 10th class at the time of his arrest; he is a first offender and had never been involved in any other case earlier, upholding the conviction of the appellant we reduce his sentence from 5 years to 2 years and 6 months' R.I. The imposition of fine is also reduced from Rs,10,000 to 5,000 or in default to further undergo 3 months' S.-I availing the benefit of section 382-B, Cr.P.C.
6. With this modification in the sentence of the appellant this appeal is disposed of.
Sentence reduced.