Muhammad Tariq Abbasi, J.--By way of this appeal, Muqadas Bibi (hereinafter referred to as the appellant ), has called in question the judgment dated 18.05.2018, passed by the learned Additional Sessions Judge/Judge CNS, Pindi Bhattian, District Hafizabad, whereby in case FIR No. 372, dated 30.06.2017, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter referred to as the Act), at Police Station Jalalpur Bhattian, District Hafizabad, she has been convicted under Section 9(c) of the Act and sentenced to rigorous imprisonment for 04 years and 04 months, alongwith fine of Rs. 20,000/-, in default whereof to further undergo simple imprisonment for four months, with benefit of Section 382-B Cr .PC.
2. The appellant was challaned to the Court, with the precise charge of recovery of four packets of 'charas' , each weighing 01 kilogram, thus total weighing 04 kilograms, from her possession. She had denied the charge and claimed the trial, hence prosecution witnesses namely Rai Muhammad ASI, Nazia Lady Consta ble, Asif Javed Head Constable, Amjad Hussain SI and Muhammad Yaqoob SI were summoned and recorded as PW-1, PW-2, PW-3, PW-4 and PW-5 respectively . Thereafter , the appellant was examined under Section 342 Cr.PC, during which the questions emerging from the prosecution evidence were put to her, but she had denied almost all such questions, while pleading her innocence and false involvement in the case with malafide . The appellant did not opt to lead any evidence in her defence or to make statement under Section 340(2) Cr.PC. On completion of all the proceedings, the impugned judgment was passed, in the above mentioned terms. Consequently , the appeal in hand.
3. Arguments advanced by learned counsel for the appellant as well as learned Prosecutor have been heard and the record has been perused.
4. As per the complaint (Ex.PC), made by Amjad Hussain SI (PW-4), four packets of 'charas' were recovered from the appellant and that 50 grams of 'charas' was separated from each of the packets, as sample. But during statement before the learned trial Court, the said witness, had made following admissions:-- "It is correct that recovered charas is wrapped in white shopper . It is correct that one packet of charas is in four small pieces which are separately wrapped in a shopper . Those four small pieces are in different shape and size. Similarly remaining packets also consist of 03/04 slices and are packed in separate shoppers. It is correct that I have taken sample from one piece from each packet. It is correct that I have taken sample from one of the four pieces from each packet."
5. From the above mentioned admission of PW-4, it has been confirmed on the record that the recovered narcotic was consisting of many pieces. In such like situation, according to the law, laid down by the august Supreme Court of Pakistan in the case titled "Ameer Zeb versus The State " reported as PLD 2012 Supreme Court 380, it was necessary for the PW-4, to separate sample, from each piece and prepare separate sample parcels, but instead of adopting the said procedure, the above mentioned sample parcels, total weighing 200 grams, were prepared and sent to the Punjab Forensic Science Agency , Lahore, where they were analyzed and report (Ex.PE)was made, whereby contents of the said parcels were found as charas . Weight of each piece is not known to anyone, therefore according to the procedure laid down in the above said case law, weight of the sample parcels should be taken into account. When the said weight is considered, the case of the appellant falls within the ambit of Section 9(b) of the Act and as such he should be dealt with, for the said of fence.
6. Resultantly , conviction of the appellant is altered from Section 9(c) to 9(b) of the Act. As per sentencing policy , promulgated through the judgment reported as "PLD 2009 Lahore 362", the possession of 200 grams of charas , prescribes the following sentence:-- Rigorous imprisonment for 01 year and 03 months, alongwith fine of Rs.9,000/-, in default whereof to suffer simple imprisonment for 03 months and 15 days.
Furthermore, as per above mentioned sentencing policy , a women and a child, because of their gender and tender age, are to be awarded 1/3' lesser sentence of imprisonment, fine and sentence in default of payment of the fine, than the normal sentence prescribed above.
7. Consequently , after calculating and reducing 1/3rd of the sentence of the appellant, the same becomes "Rigorous imprisonment for 10 months, alongwith fine of Rs.6,000/- in default whereof to further suffer simple imprisonment for 02 months and 10 days" and resultantly , the appellant is awarded the above mentioned sentence, with benefit of Section 382-B Cr.PC. The disposal of the case property shall be as directed by the learned Trial Court, in the impugned judgment.
8. With the above mentioned alteration/m odification in conviction and sentence of the appellant, the instant appeal is dismissed.