Raja Shahid Mehmood Abbasi, J.--This criminal appeal is directed against the judgment dated 06-02-2020 passed by learned Additional Sessions Judge, Rawalpindi in case FIR No. 758 dated 17-10-2019 under Sections 9- C of the Control of Narcotic Substances Act 1997, Police Station Waris Khan, District Rawalpindi, whereby the learned trial Judge convicted, Ateeq-ur-Rehman, appellant under Section 9-C of the Act ibid and sentenced him to undergo 04 years and 06 months R.I. with fine of 20,000/- or in default whereo f to further undergo S.I. for 05 months besides giving him the benefit of Section 382-B, Cr .P.C.
2. Feeling aggrieved by the judgment of the learned trial Court appellant assailed his conviction through filing of the instant appeal.
3. Brief facts of the case are that on 17-10 -2019, the contingent of police of Police Station Waris Khan, Rawalpindi, on suspicion, apprehended the appellant having a blue colour shopping bag in his hand containing charas garda numa weighing 1400. Out of the recovered contraband/charas, 70 grams was separated for chemical analysis.
Hence the FIR.
4. At the very outset learned counsel for the appellant contends that he does not dispute the conviction of appellant under Section 9 (C) of the Act, however , he requested for reduction of the sentence as the appellant is first offender and he has expressed remorse and repentance with an assurance not to deal with narcotics in future. Goes on to maintain that since charas garda numa has been recovered from his possession being less harmful and dangerous as compared to the other narcotic substance like heroin etc. therefore, sentence awarded to the appellant is on higher side and may be reduced. appropriately .
5. Conversely , the learned Law Of ficer has shown no objection if the sentence of the appellants is reduced.
6. Heard. Record perused. It has been observed by us that appellant was apprehended by the police and got recovered abovesaid contraband from his personal possession. The prosecution has proved the guilt of the appellant beyond any reasonable doubt. and has successfully discharge its burden through consistent and confidence inspiring evidence. The impugned judgment is based on sound appreciation of evidence and there is nothing on the record to suggest any or animosity against any of the prosecution witnesses. The prosecution case is further strengthened from the positive report of Punjab Forensic Science Agency , Lahore (Ex.PE). In this way, the impugned judgment, resulting into conviction of the appellant for offence under Section 9-C of the Control of Narcotic Substances Act 1997, is not open to any exception. Consequently , the Conviction of the appellant recorded through the impugned judgment is maintained. So far as the quantum of sentence of the appellant is concerned, we have observed that the appellant is first offender and he never remained involved in any other criminal case. The appellant was arrested in this case on 17-10-2019 and since then he is behind the bars.
According to the jail, report, he has alread y been served out substantive portion of his sentence and also faced the agony of protracted trial coupled with incarceration. He should be given an opportunity to mend his ways. Hence, while relying upon cases of Khuda Bakhsh vs. The State (2015 SCMR 735) & The State through Deputy Director (Law) Regional Directorate, Anti-Narcotics Force vs. Mujahid Naseem Lodhi (PTA 2017 SC 660), the sentence of the appellant is reduced to the period already undergone by him. However , sentence of fine and imprisonment in default thereof shall remain intact.
7. With the above mentioned modificatio n in sentence of the appellant, the appeal in hand is dismissed . The disposal of the case property shall be as ordered by the learned Trial Court.