1. ' Learned counsel for the appellant at very outset submits that only 8 packets containing 8 Kgs.
2. Charas were sent for chemical examination whereas no sample was taken from remaining 32 packets weighing 32 Kgs. He further submits that the case against the appellant is only for the possession of, 8 Kgs. Charas and his case does not fall under the provision of section 9(c) of Control of Narcotic Substances Act, 1997. While saying so he relied upon cases of Jameel Khan and others v. State PLD 2008 Kar. 376, a case of Waris v. State PLD 2006 Kar. 648 and a case Muhammad Hashim v. The State PLD 2004 SC 856 and submits that this Court and the Honourable Supreme Court of Pakistan in such cases reduced the sentence from life imprisonment to 14 years and/or 10 years according to the proportionate recovery. He submits that he will not challenge the impugned judgment and conviction awarded to the appellant but in view of the recovery of 8 Kgs.
3. Charas from him and pursuance of aforementioned case-laws his sentence be reduced for the period already undergone and sentence of fine also be remitted as he is very poor and he has already served out sentence more than 8 years.
4. The learned State Counsel has not controverted the legal plea taken by learned counsel for the appellant and confirms that only 81 packets containing 8 Kgs. Charas were sealed and sent for Chemical Examination whereas no sample was taken out from 32 packets' containing 32 Kgs.
5. Charas and he frankly concedes that the sentence awarded to the appellant be reduced to already undergone and fine also be remitted in circumstances.
6. ' We have heard. Both learned counsel for the appellant and State, perused the material available in case file and gone through the case-laws referred by learned counsel for the appellant.
7. In view of the above facts and in pursuance of case-laws cited above we dismiss this appeal and maintain the conviction, however, the substantive sentence is reduced from life imprisonment to 10 years' R.I. And the fine is also reduced from Rs,3,00,000 to Rs,50,000 and in case of default in payment of fine, he has to undergo sentence of two months' R.I. The benefit of section 382-B, Cr.P.C.
8. Already extended to the appellant will remain intact. The remission if any granted to him as per Prisons Rules may be included in serving his substantive sentence.