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PLJ 2020 Cr.C. (Lahore) 1747

Waqas Khan vs State and another

CitationPLJ 2020 Cr.C. (Lahore) 1747
CourtLahore High Court
Case No.Crl. A. No. 205 of 2020
Date2020-10-08
Judge(s)Sadaqat Ali Khan, Sadiq Mahmud Khurram
ResultAppeal disposed of

Sadiq Mahmud Khurram, J.--Appellant (waqas Khan) has been tried by the learned trial Court in case FIR No. 60 dated 7.5.2018, under Section 9(c) of CNSA, 1997 (charas 2400 grams) Police Station ANF, District Rawalpindi, and was convicted and sentenced vide impugned judgment dated 1 7.03.2020 as under:-- Waqas Khan appellant Sentenced to 5-years and 6-months R.I. alongwith fine of Rs. 25,000/- and in default whereof to further undergo 5- 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 lender 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 5-years and 6-months R.L to 3-years R.I. Fine of Rs. 25,000/- 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 placed on case titled "State through Deputy Director (Law) Regional Directorate, Anti-Narcotics Force vs. Muhjahid Naseem Lodhi" (PLJ 2017 SC 660 ).

4. With the above said modification in the impugned judgment, this criminal appeal is disposed of.

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