' This appeal filed by Faazil Hussain Phajoo son of Muhammad Ali, resident of Kholoowala, Police Station Saddar, Gujranwala is directed against the judgment, dated 1-3-1994 passed by the learned Civil Judge 1st Class/Magistrate Section 30, Gujranwala whereby, for finding the appellant guilty of keeping ninety grams of heroin in his possession for selling purpose, he has convicted the appellant under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 and sentenced him to undergo three years' R.I. Whipping numbering fifteen stripes and a fine of Rs,5,000 or in default further four months' R.I. The benefit of section 382-B, Cr.P.C. Has also been extended to him.
2. I have heard the learned counsel for the parties and have perused the record with their assistance. The learned counsel for the appellant, after taking us through the record, submitted that he does not press the appeal but in view of the fact that the appellant is a young man with no previous conviction, and being sole bread earner of the family he requests for reduction in the sentences. The learned counsel for the State has no objection. Keeping in view quantity of the recovered contraband as well as circumstances of the case wherein no evidence has been brought on record to establish the factum of selling, I also feel incline to reduce the sentences in the interest of justice.
3. Consequently for the reasons stated above I maintain the conviction of the appellant under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 but reduce the sentence of his imprisonment to two and a half years' R.I. The sentence of whipping to five stripes and the sentence of fine to Rs,2,000 or in default two months' R.I.
4. With this modification in the sentences the appeal is dismissed. The benefit of section 382-B, Cr.P.C. Extended by the learned trial Court shall however, remain intact.