MALIK SHAHZAD AHMAD KHAN, J.---This appeal is directed against judgment dated 17.10.2018, passed by the learned Sessions Judge, Bhakkar , whereby , in case FIR No.130/2018 dated 29.06.2018, registered at Police Station City Darya Khan, District Bhakkar , under section 9(c) of the Control of Narcotic Substances Act, 1997, the learned trial Court convicted the appellant and sentenced him as under:- Under section 9(c) of Control of Narcotic Substances Act, 1997 to our years and six months RI with fine of Rs.20,000/- and in default of payment thereof the appellant was directed to further undergo S.I for 05 months. The benefit of section 382-B, Cr .P.C. was also extended to the appellant.
2. Learned counsel for the appellant does not press this appeal on merits however , he seeks reduction in the sentence of the appellant in the light of the judgment of the Hon'ble Supreme Court of Pakistan in the case reported as 'Amer Zeb v . The State' (PLD 2012 Supreme Court 380).
3. On the other hand, this appeal has been opposed by learned Deputy Prosecuto r General on the ground that the prosecution has proved its case against the appellant beyond the shadow of doubt therefore, he was rightly convicted and sentenced by the learned trial Court
4. Arguments heard. Record perused.
5. Briefly , the accusation levelled in the FIR against the appellant is that on 29.06.2018, Ghulam Shabbir , S.I.
(complainant/PW -3) along with other police officials, was present at Chungi No.5, Punjgirain Road, Darya Khan. On the basis of spy information, a raid was conducted at the corner of Qabristan situated near Dahantal Shah, wherefrom Qalandar Shah (appellant), was apprehended by the police. On search of the shopper , which the appellant was holding in his hand, Charas weighing 1160-grams was recovered . A separate sample parcel of Charas weighing 58-grams, for Chemical Analysis, was prepared.
6. As learned counsel for the appellant does not press this appeal on merits and he has only prayed for reduction in the sentence of the appellant i the light of the judgment passed by the Hon'ble Supreme Court of Pakistan in the case of 'Ameer Zeb v. The State' (PLD 2012 Supreme Court 380), therefore, we have straightaway noted that although the prosecution witnesses stated that the recovered contraband material was consisted of one piece but during cross-examination of Ghulam Shabbir , S.I. (complainant/PW -3), the parcel of recovered contraband material was de-sealed in the Court and it was noted as under: - "At this stage, learned defence counsel requested that he wants to de-seal the parcel. The request is genuine.
Allowed accordingly . The case property is available before the Court. The complainant of the case identified the same as sealed at the place of recover y. The parcel is de-sealed and smell of Charas is oozing. The Charas consists of one big piece in rectangular shape and others are small pieces i.e. 03 pieces are in size 04 inches in length with the width of 1/2 inch while other 6/7 small pieces of the same width"
It is, therefore, evident that the recovered contraband material was consisting of pieces, however , a consolidated sample parcel was prepared and no separate ample parcel of each piece was prepared. It has not been brought on the record that that was the exact weight of each piece, therefore, consolidated sample parcel of Charas weighing 66.25-grams, which was, sent to the office of Punjab Forensic Science Agency , Lahore, cannot be considered as a representative sample of the whole contraband material recovered in this case. Reliance in this respect is placed on the judgment passed by the Hon'ble Supreme Court of Pakistan in the case of 'Ameer Zeb v. The State' (PLD 2012 Supreme Court 380). We are therefore, of the view that the prosecution could not prove its case beyond the shadow of doubt against the appellant to the extent of recovery of 1160-grams of Charas, however , the prosecution has proved its case against the appellant beyond the shadow of any doubt to the extent of recovery of 66.25-grams of Charas, which was sent to the office of PFSA/Chemical Examiner for analysis through the evidence of recovery witnesses Ghulam Shabbir SI (PW-3) and Muhammad Bilal 54/C (PW-4) coupled with the positive report of Punjab Forensic Science Agency , Lahore (Ex.PD). The safe transmission of the sample parcel to the office of Punjab Forensic Science Agency , Lahore is also proved by the prosecution through Qayyum Nawaz 716/MHC (PW-2), Ghulam Shabbir , S.I. (PW-3) and Qaisar Abbas, S. I. (PW-5). Consequently , conviction of the appellant is converted from section 9(c) to section .9(a) of CNSA, 1997 and keeping in view the sentencing policy settled by this Court in the case of 'Ghulam Murtaza and another v. The State' (PLD 2009 Lahore 362), the appellant is convicted for the recovery of 66.25-gram s of Charas and is sentenced to rigorous imprisonment for one year R.I. with fine of Rs.7000/- and in default thereof, to further undergo simple imprisonment for three months. Benefit of Section 382-B of Cr .P.C. is extended to the appellant.
7. With the abovementioned modification in the conviction and sentence of the appellant, the instant appeal is hereby dismissed . As per report, by the Superintendent, District Jail, Bhakkar dated 16.11.2019, Qalandar Shah appellant has already served out one year, ten months and twenty-eight days of his imprisonment, therefore, if the appellant is not required in any other case, then he be released forthwith.