QAZI MUHAMMAD AMIN AHMED, J.---On a tip off, the petitioners were intercepted by Anti-Narcotic Force contingent within the precincts of Police Station Rawat at 9/10:00 on 10.10.2016; they were transporting a heavy consignment of narcotics concealed in different portions of a car; the search led to discovery of ten packets of contraband, weighing 10-kg, surreptitious ly placed in different cavities, forensically confirmed as cannabis; they were indicted by the learned Special Judge (CNS ) Islamabad who returned them a guilty verdict under section 9(c) of the Control of Narcotic Substances Act, 1997; sentenced to ten years rigorous imprisonment, they were directed to pay Rs.100,000/- each as fine or to undergo nine months simple imprisonment in lieu thereof, vide judgment dated 19.04.2018; their appeal failed before a learned Division Bench of the Islamabad. High Court vide impugned judgment dated 10 .10 . 2018, wires whereof, are being assailed on a variety of grounds ranging from false implication, discrepant statements of the witnesses, non-availability of support from the public and a forensic report with deficient protocols. The learned Law Officer faithfully defended the impugned judgment, according to him, the prosecution succeeded in proving the charge to the hilt beyond a shadow of doubt.
2. Heard. Record perused.
3. We have gone through the evidence to find the witnesses in a substantial unison on all the details of the episode; petitioners' joint arrest with the vehicle they were travelling in and seizure of contraband therefrom are circumstances heavily looming over their culpability . Forensic report substantially details the procedure adopted by the analyst to undertake the analysis, unambiguously confirming the narcotic character of the contraband, a conclusion that went unrebutted/ unchallenged during the trial. Petitioners' different backgrounds, converging in their illicit pursuit, the only common ground, by itself confirms a collaboration in a purpose far from being usual or just. Inconsequential cross-examination and reticent denials, in retrospect, lend a mute support to the prosecution in its quest to drive home the charge. In the totality of circumstances, we are not persuaded to take a view other than the one concurrently taken by the Courts below . However , distinctly saddled with different quantities of the contraband by each convict, ranging from 2 to 5 k.g., a case set up by the prosecution itself, spells out a makeshift union instead of a concerted joint detour , therefore, we are inclined to proportionately mould the sentence.
Consequently , while maintaining their conviction, sentence awarded to them is reduced to a period of 5-years' R.I. with a corresponding reduction in the fine to the tune of Rs.50,000/- each with 6-months' S.I. in the event of default, a wage conscionable in the peculiar facts and circumstances of the case. With the aforesaid modification, the petitions are converted into appeal and partly allowed.