' HASNAT AHMAD KHAN, J - Ghulam Nabi Shah appellant was tried by Additional Sessions Judge, Multan in case FIR No.213/2003 dated 19-5-2003 for the offence under section 9 (c) of Control of Narcotic Substances Act, 1997 registered with Police Station New Multan, who vide judgment dated 28-6-2005 convicted appellant under section 9 (c) of the ibid Act and sentenced him to ten years'
R.I. And to pay Rs.50,000 as fine, or in default whereof to further undergo R.I. For two years. Benefit of section 382-B, Cr.P.C was also extended in favour of the appellant.
2. Feeling aggrieved by the impugned judgment, appellant has filed the instant appeal.
3. The facts of prosecution case as penned in the FIR No.Ex.PA/1 are that on 19-5-2003 at 6.45 p.m., Muhammad Akram S-I P.W.4, Bashir Ahmed AS-I, Munir Ahmed, Naseem Iqbal, Rizwanullah, Munir Ahmad etc, along with Saifullah Inspector/SHO P.W.3 were present at Hassanabad for patrolling, where the said Inspector/SHO P.W.3 received secret information to the effect that Ghulam Nabi Shah is present at Gole Masjid Hassanabad, Multan having huge quantity of narcotics. He after receiving secret information proceeded along with aforesaid police. Officials to that place where the accused was present, he was overpowered and on asking he disclosed his name as Ghulam Nabi Shah. He was having one Khakhi bag of Zeen Cloth and upon checking the same, charas weighing one kilogram and 800 grams and two kilograms opium along with weight and scale were recovered. On his personal search an amount of Rs.76,00 was also recovered from pocket of his Shalwar. Out of recovered narcotics 10/10 grams were separated for analysis and the remaining narcotics was taken into possession and two separate parcels were prepared at the spot.
4. Investigating agency after complying with legal formalities submitted challan before the trial court where prosecution produced four witnesses including Saifullah Inspector/SHO P.W.3 and Muhammad Akram, S-I P.W.4 to prove the charge against the appellant.
5. Learned trial court also recorded statement of appellant under section 342, Cr.P.C. Who while answering to question "Why this case and why the P.Ws. Have deposed against you?" replied as under:- "I have business of buffalo with Saifullah Gujjar Inspector and I had to pay Rs.2,00,000 (two lac) to him which I cannot pay due to sustaining loss and just to recover that amount Saifullah Gujjar involved me in this false case. All the witnesses are subordinates to Saif Ullah Gujjar, therefore, they falsely deposed".
6. Appellant did not make statement under section 340 (2), Cr.P.C. Nor produced any evidence in his defence.
7. Learned trial court after appraisal of evidence vide judgment dated 28-6-2005, convipted and sentenced the appellant as narrated earlier, hence this appeal.
8. At the very out-set the learned counsel for the appellant has not opted to challenge the conviction awarded to the appellant and he has only prayed for the reduction of the sentence on the ground that the appellant is first offender and the quantity of illicit material recovered at the instance of the appellant is meagre. He adds that according to the report of Medical Board cataract has been developed in both of his eyes. Despite said statement we have opted to go through the evidence and record with the assistance of the learned counsel for the parties.
9. After going through the record we have observed that substantial quantity of 1800 grams of Charas and two kilograms of opium was recovered at the instance of the appellant. On his personal search an amount of Rs.76,00 was also recovered. He was apprehended at the spot. Case was lodged promptly. Factum of recovery of charas and opium at the instance of the petitioner has been fully proved by the prosecution through evidence. Of four Witnesses. During the trial Tariq Hassan A.S.-I. Appeared as P.W.l. He deposed that after receiving the formal complaint he had registered formal F.I.R. Exh.P.A/1. Muhammad Chamman, Moharrir appeared as P.W.2 and proved the fact of deceiving and dispatching the parcels to the office of the Chemical Examiner. Saifullah Inspector SHO who was supervising the raiding party appeared as P.W.3 and fully proved the recovery of charas and opium from the appellant while Muhammad Akram, S.-I. Was the member of the raiding party appeared as P.W.4 and he also fully proved the recovery of Charas and opium from the appellant. All the witnesses were thoroughly cross-examined by the defence but they faced said test successfully. The positive reports of Chemical Examiner Exh.P.H. And Exh.P.J proved to be a last nail in the coffin of the defence. Defence could not put forward any plausible plea for fabrication of a false case and plantation of substantial quantity of charas and opium against the appellant, as such we are fully convinced that the prosecution has proved its case beyond any shadow of doubt and the learned counsel for the appellant is quite justified in not pressing the appeal on merits. However, we have found some substance in his argument regarding the reduction of the sentence. Appellant being first offender and suffering from ailment the sentence awarded to him by the learned trial court seems to be a bit on the higher side. Consequently we are inclined to reduce the sentence awarded to the appellant from ten years' R.I. To seven years' R.I.
With benefit of Section 382-B, Cr.P.C.
' However, fine of Rs.50,000 is enhanced to Rs. 1,00,000 and in default of the same the appellant would undergo six months' R.I. With the above said modification in the sentence the appeal stands disposed of.
Sentence reduced.