' ALI NAWAZ CHOWHAN, J.---Islam Jillani appellant was convicted under section 9-B of the Control of Narcotic Substances Act 1997 by the learned Additional. Sessions Judge, Bhakkar vide judgment dated 29-11-2002 in case F.I.R. No,31 dated 15-6-2002 registered at Police Station Serai Mohajir District Bhakkar and sentenced to two years' R.I. With a fine of Rs,10,000 in default whereof he is to further undergo three months S.I. He was given the benefit of section 382-B, Cr.P.C.
2. Briefly the prosecution case is that on 15-6-2002 on a spy information Muhammad Ali Shahid Inspector at about 5-30 a.m. Along with other police officials apprehended Islam Jillani and recovered 35 grams heroin, 95 grams Chars from him.
3. The prosecution to prove its case examined as many as six witnesses. Majeed Ullah Khan S.-I.
P.W.1 drafted formal F.I.R. Exh.PA/1 on the basis of compliant Exh.PA. Sana Ullah 405/MHC P.W.2 deposed about the safe custody of the sealed parcels containing heroin and Charas in the Malkhana of the police station. Muhammad Yousaf 167/C P.W.3 transmitted the sealed parcels said to contain heroin and Charas to the office of Chemical Examiner, Rawalpindi. Muhammad Ali Shahid Inspector P.W.4 reiterated the contents on the F.I.R. Muhammad Iqbal 469/C P.W.5 is the witness of recovery. Saif Ullah Khan Sub-Inspector P.W. 6 investigated the case and prepared site plan Exh.PC. The learned ADA after tendering in evidence reports of the Chemical Examiner Exh.PD and Exh.PE closed the case for prosecution. The accused was examined under section 342, Cr.P.C.
He denied all the allegations and recovery of narcotics. He did not opt to appear as his own witness under section 340(2), Cr.P.C. But produced F.I.R. No,413 Exh.DA, F.I.R. No,102 Exh.DB, copy of application Exh.DC, copy of order of D.O.R. Exh.DD, authorities in the above said application Exh.DE, grounds of appeal Exh.DF and F.I.R. No,34 Exh.DG in his defence.
4. The recovery being of a very small amount of both heroin and Charas and the appellant having suffered the rigors of trial and also a part of the sentence after he was taken into custody on 29-11- 20002 and there being nothing on record to suggest that he was granted bail by this Court and there being no cogent evidence of any previous involvement in any narcotic case we reduce the sentence to one undergone and also reduce the fine of Rs,1000 in lieu whereof to undergo one month's S.I. Disposed of accordingly.