' BASHIR A. MUJAHID, J.---Ijaz Ahmad appellant has challenged the judgment, dated 5-5-2001 passed by the learned Additional Sessions Judge/Judge Special Court C. N.S.A., Gujrat whereby he was convicted and sentenced under section 9-C of C.N.S.A., 1997 for having possession of 08- Kilogram of Charas, to imprisonment for fourteen years' R.I. He was ordered to pay fine of Rs.1,00,000 and in default of payment he shall have to suffer further one years' S.I. Benefit of section 382-B, Cr.P.C. Was, however, extended in his favour.
2. Brief facts of the prosecution case are that Zulfiqar Ali Warraich, S.-I., Incharge Police Post Shaheen, Police Station, Civil Lines, Gujrat on 14-1-2000 was present along with other police officials on patrol duty in the area of Staff Gala where he received spy information that Ejaz Gondal appellant is dismissed police constable who along with Muhammad Shabir and Muhammad Nafiz has opened narcotics den in Mohalah Faizabad and are dealing in narcotics and liquor on which a fake customer was sent with currency note of Rs.100 who purchased from Ejaz Ahmad appellant Charas on which raiding party was constituted and raid was conducted at the house of Toshiba Fan Building wherefrom Shabir Hussain was apprehended while the other two accused managed their escape and on search of the room 8-Kilogram Charas was recovered which was taken into possession vide recovery memo. Exh.P-C. On the basis of complaint Exh.P-E F.I.R. No.53, dated 14-1- 2000 was registered under section 9-C of C.N.S.A. At Police Station Civil Lines, Gujrat. After completion of investigation, challan against the accused/appellant and his co-accused was submitted.
3. The trial Court framed the charge which was denied by the appellant and his co-accused and they claimed trial.
4. During the trial the prosecution examined Zulfiqar Ali, S.-I. (P.W.4) who was the complainant of the case and Khalid Hussain, Constable (P.W.5) who was the fake customer and purchased 1-gram Charas from the appellant against Rs.100 and on his pointation raid was conducted wherefrom 8- Kilogram Charas was taken into possession.
5. Trial culminated into conviction and sentence of the appellant as mentioned above. His co- accused Nafees was acquitted whereas accused Shabir was sentenced to 10 years R.I. With fine of Rs.50,000 and in default thereof to suffer six months' S.I., who has not appealed. Since no learned counsel is appearing for the appellant despite showing their names in the cause-list. Therefore, we appoint Haji Ghulam Asghar Qadri, Advocate to assist the Court at State expenses.
6. The learned counsel for the appellant at the very outset has argued that the recovery was not effected from the personal search of Ejaz and he has only made disclosure that he has purchased Charas from his co-accused on which raid was conducted and Shabir Hussain was arrested who has been sentenced to only ten years' R.I. And he would not challenge the conviction if the sentence is reduced adequately as the Charas was not recovered from the premises of his exclusive possession.
7. Learned counsel for the State has supported the impugned judgment.
8. We have carefully considered the submissions made from both the sides with the help of available record.
9. The appellant was arrested by the police party after having purchased 10-gram Charas through fake customer and on his disclosure the raid was conducted at the house wherefrom Shabir Hussain co-accused was apprehended. The appellant is fully implicated in the case and he is also previously involved in five other case of similar nature. Therefore, we find that the learned counsel for the appellant is justified in not challenging the conviction against him.
10. As far as sentence is concerned total quantity of Charas was not recovered from his exclusive possession, therefore, taking a lenient view that his case is at par with that of his co-accused Shabir Hussain, his sentence is reduced to ten years instead of 14 years while fine of Rs.1,00,000 is also reduced to Rs.50,000 in case of non-payment of fine, he shall further suffer S.I. For six months.
The benefit of section 382-B, Cr.P.C. Is also extended to him.
11. The appeal is dismissed with the above modification.