ALI NAWAZ CHOWHAN, J.- Saeed Iqbal appellant was convicted under section 9(b): of the Control of Narcotic Substances Act, 1997 by the learned Judge Special Court, Kasur vide judgment, dated 12- 12-2002 in case F.I.R. No, 182 of 2002, dated 23-4-2002 registered at Police Station Saddar Kasur and sentenced to one year R.I. With fine of Rs,500 in default whereof to further undergo one month R.I.
He was given the benefit of section 382-B, Cr.P.C.
2. Briefly the prosecution case is that on 23-4-2002 Muhammad Rafiq Abid A.S-I. Along with other police officials on a secret information apprehended the appellant and on his personal search 150 grams Charas was recovered from the right side pocket of his shirt out of which 10 grams was separated for chemical analysis.
3. The prosecution examined as many as six witnesses to prove its case. Muhammad Mukhtar P.W.l deposed about the safe custody of the sealed parcel containing Chars in the Malkhana of the police station. Muhammad Abdullah 720-C P.W.2 transmitted the sealed parcel said to contain Charas to the office of Chemical Examiner, Lahore. Mansab Ali A.S-I. P.W.3 drafted formal F.I.R.
Exh.P.A./l on the basis of complaint Exh.P.A. Muhammad Rafique Abid A.S-1. P.W.4 reiterated the contents of the F.I.R. He prepared recovery memo. Exh.P.B. And site plan Exh.P.C. Sabir Ali Shah S.I.
P.W.5 completed the investigation. Abdul Majeed P.W.6 is the witness of recovery. Learned D.A. After tendering report of Chemical Examiner Exh.P.D. Closed the case for prosecution. The accused was examined under section 342, Cr.P.C. He denied all the allegations and recovery of chars. He did not opt to appear as his own witness under section 340(2), Cr.P.C. But produced Liaqat Ali D.W.l and Muhammad Arif alias Buta D.W.2 in his defence.
4. The recovery effected from the appellant is of a very small amount i.e, 150 grams of Charas. The possibility that this was for his own consumption is there. He has suffered the rigours of trial. He was taken into custody on 12-12-2002 and was released on bail on 22-1-2003, therefore, he has undergone a part of the sentence. All the witnesses were official witnesses, the raid was conducted by an A.S-I. Who had partly investigated the case which was an irregularity in view of section 21 of the Control of Narcotic Substances Act, 1997, and keeping in view the circumstances of this case whereas, we uphold the order of conviction but we reduce the sentence to one undergone, while we also uphold the sentence of fine, or in lieu thereof he is to suffer simple imprisonment for further five days. The appeal is disposed of accordingly.