Ibad-ur-Rehman Lodhi, J.--Muhammad Amin son of Sher Muhammad was tried by a learned Additional Sessions Judge, Depalpur, District Okara, in case FIR No, 619, dated 09.09.2008, registered under section, 9(c) of the Control of Narcotic Substances Act, 1997. The learned trial Judge by virtue of his judgment dated 26.10.2010, found him guilty of the said charge, convicted and sentenced him to undergo rigorous imprisonment for 14 years with a fine of Rs,50,000/- or in default thereof to further suffer simple imprisonment for 3-months. Benefit of Section 382-B, Cr.P.C. Was, however, extended to him.
2. Feeling aggrieved of his conviction and sentence, the appellant has approached this Court by filing the instant appeal.
3. Precisely, the allegations against the appellant, according to the FIR, recorded at the instance of Shah Nawaz S.I., are that on receiving spy information, he constituted a raiding party and apprehended the appellant, and on his search, seven packets of Charas weighing 7 KGs were recovered.
4. At this stage, the learned counsel appearing for the appellant submits that he does not challenge the conviction of the appellant on merits; however, he prays for reduction in the sentence awarded to him to the period already undergone by him on the ground that he has already served out his substantive sentence of 10-years, 2- months and 23-days and that now he is serving the sentence of 3-years and 9-months in the instant case, which fact is confirmed by the report submitted by the Superintendent, Central Jail, Sahiwal, dated 23.12.2013.
5. The learned Deputy Prosecutor-General, for the State, does not seriously oppose the prayer made by the learned counsel' for the appellant.
6. Keeping in view the aforesaid situations, we dismiss this appeal to the extent of appellants conviction recorded by the learned trial Court, but allow the same partly to the extent of his sentence of imprisonment, which is hereby reduced to 9-years and 6-months R.I as in our view the same will meet the ends of justice. The imposition of sentence of fine is maintained, however, the appellant shall suffer simple imprisonment for three months, in default of payment thereof. Benefit of Section 382-B, Cr.P.C. Shall remain intact as extended by the learned trial Court.
6. With the above modification in the sentence of the appellant, this appeal stands disposed of.