1. ' NASIM HASAN SHAH, J.--The petitioner was tried under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 and sentenced to two years' rigorous imprisonment with ten stripes and a fine of Rs,500 or in default to further rigorous imprisonment for three months, for having in his possession 20 grams of heroin. While awarding this sentence the learned trial Judge (Sessions Judge, Kohat) noted:-- "The lenient view is taken in the matter because Gul Rehman is the first offender and there is nothing on record to suggest that prior to this occurrence he was dealing in Heroin Business."
2. The Federal Shariat Court not only confirmed the conviction but enhanced the sentence after giving notice to five years' rigorous imprisonment while maintaining the sentence of whipping and fine.
3. The learned counsel for the petitioner submits that the enhancement in sentence by the Federal Shariat Court was not justified because the learned trial Court had given reasons why a lighter sentence was being imposed and the Federal Shariat Court without considering those reasons has enhanced the sentence merely on the ground that it was much below the normal standard. The submission is that the learned trial Court had held that this is an exceptional case and, therefore, the normal standard did not apply.
4. ' The submission requires consideration. Leave is granted only on the question of sentence.
5. ' Meanwhile, the sentence of the petitioner will be suspended on his furnishing bail bond in the sum of Rs,20,000 with one surety in the like amount to the satisfaction of the Ilaqa Magistrate.