' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition has been filed against judgment, dated 10th September, 2003 passed by the Lahore High Court, Lahore in Criminal Appeal No,1631 of 2000.
2. Precisely stating facts of the case are that petitioner faced trial under section 9(c) of the Control of Narcotic Substances Act, 1997 before the Additional Sessions Judge, Mianwali who vide judgment, dated 30th October, 2000 sentenced him to undergo 14 years' R.I. With fine of Rs,1,00,000 and in default whereof to further undergo six years' RI. On appeal learned High Court vide impugned judgment maintained the conviction, however, sentence in lieu of non-payment of fine was reduced from six years' R.I. To one year's R.I. With the benefit of section 382-B, Cr.P.C. As such instant petition has been filed for leave to appeal.
3. Learned counsel stated that he has been instructed not to press this petition on merits, however, make a request for reduction in the quantum of sentence on the ground that petitioner is first offender, only bread earning person of his family and also a young man.
4. Raja Abdur Rehman, learned Assistant Advocate-General, present in Court, after having gone through the available record stated that charge has been fully established against the petitioner as prosecution has produced overwhelming incriminating evidence against him. However, he expressed no objection if the quantum of sentence is reduced keeping in view the facts and circumstances of the case.
5. We have heard both the sides and have also gone through the material available on record. It is true that prosecution has successfully established charge against the petitioner by producing overwhelming incriminating evidence, however, keeping in view the request made by the learned counsel for the petitioner and grounds put forward by him for reduction in the quantum of sentence, as well as considering the concession made by learned Assistant Advocate General conviction is maintained, but sentence under section 9(c) of the Control of Narcotic Substances Act 1997 is reduced from 14 years' R.I. To that of seven years' R.I. With fine of Rs,1,00,000 in default whereof to undergo one year's R.I. With the benefit of section 382-B, Cr.P.C. Which has already been extended to him by the learned High Court.
' Petition stands disposed of with the above modification in the quantum of sentence.