1. ' This appeal has been sent from jail by convict Razaq son of Muhammad Ishaq Arain challenging the judgment, dated 14-11-1995 passed by the Judicial Magistrate (Section 30, Cr.P.C.) Sialkot, (F.I.R.
2. No,162 of 1993 of Police Station Kotwali, Sialkot), whereby the appellant has been convicted under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1279, and sentenced to 7 years' R.I., 10 stripes and a fine of Rs,5,000 and in default in the payment of fine to suffer one year's R.I., more.
3. Benefit of section 382-B, Cr.P.C. Has been extended to the appellant, I have heard the arguments of Miss Ghazala Sheerin, learned counsel for the pauper appellant and Mr. M. Saliheen Moghal, learned counsel for the State.
2. The charge against the appellant was that he was found in possession of 4 Kgs. Of heroin contained in 3 different packets all placed in a bag. The report of the Chemical Examiner on test carried out on the sample of 11 grams of heroin sent for chemical analysis was that the powder was heroin. The appeal is not pressed on merits by learned counsel for the appellant but it is informed that the appellant is a poor person and there is no previous conviction and as such request is made for reduction in the sentence. Learned counsel for the State submits that in the circumstances of the case, if the Court considers that it is appropriate, the sentence may be reduced.
4. ' Jail Criminal Appeal No,11-I of 1996 is dismissed on merits as not pressed. However, the sentence of the appellant is reduced to 5 years (3 years' R.I. And 2 years' S.I.), a fine of Rs,5,000 and in case of default in the payment of fine to suffer further S.I. For 3 months. The sentence of whipping is reduced to 5 stripes. Benefit of section 382-B, Cr.P.C. Shall remain available to the appellant.
5. Sentence reduced.