Sadiq Mahmud Khurram, J.--Appellant (Ehsan Ullah) has been tried by the learned trial Court in case FIR No. 41 dated 16.06.2016, under Section 9(c) of CNSA, 1997 (Charas Garda 5 kilograms) Police Station ANF Attock, and was convicted and sentence, vide impugned judgment dated 05.1 1.2019 as under: Ehsan Ullah appellant Sentenced to 7-years and 6-months R.I. alongwith fine of Rs. 35,000/- and in default whereof to further undergo 6- months and 15-days S.I. Benefit of Section 382-B, Cr .P.C. was extended to him.
2. Heard. Record perused.
3. At the very outset, learned counsel for the appellant does not press the convi ction of the appellant in offence under Section 9(c) of CNSA, 1997 and has requested for reduction of his sentence on the ground that the appellant has expressed remorse and repentance with an assurance not to deal with narcotics in future. Learned Special Public Prosecutor has no objection on the reduction of the sentence of the appellant. On our reappraisal of evidence, we are of the view that appella nt has rightly been convicted by the learned trial Court in offence under Section 9(c) CNSA, 1997. Coming to the reduction of sentence of appellant, considering the peculiar circumstances of this case discussed above, statement of the learned Special Public Prosecutor and agony of trial faced by the appellant while maintaining the conviction of the appellant under Section 9(c) of CNSA, 1997, his sentence is reduced from 7-years and 6-months R.I. to 5-years and 5-months R.I. Fine of Rs. 35,000/- is maintained, however , sentence in default whereof is reduced to 1-month S.I. Benefit of Section 382-B, Cr.P.C. is extended to him. Reliance is place on case titled "State through Deputy Director (Law) Regional Directorate, Anti-Narcotics Force vs. Mujahid Naseem Lodhi " (PLJ 2017 SC 660 ).
4. With the above said modification in the impugned judgment; this criminal appeal is disposed of.