' BASHIR A. MUJAHID, J.Ahmad Yar appellant has challenged the judgment dated 1-6-2001 passed by the learned Additional Sessions Judge, Mianwali whereby he was convicted and sentenced under section 9-C of CNSA, 1997 for having possession of narcotics 3700 grams of Charas 520 grams of opium and 300 grams of Heroin to imprisonment for fourteen years R.I. He was ordered to pay fine of Rs,2,00,000 and in default of payment he shall have to suffer further three years' R.I.
Benefit of section 382-B, Cr.P.C. Was, however, extended in his favour.
2. Brief facts of the prosecution case are that F.I.R. No,158 dated 21-6-2000 was registered under section 9-C of CNSA at Police Station, Wan Bachhran, District Mianwali on the complaint of Muhammad Aslam, 5.-I. (P.W.4) with the allegation that the complainant alongwith other police officials was present at police check post Qadirabad where a Car No,815-SGB arrived which was stopped and checked. Ahmad Yar appellant was driving the car and a shopper bag on the driving seat beneath the driver was found which containing 3700 gram of Charas, 520 gram of opium and 300 gram of Heroin. Apart from appellant Wazir Khan and Jahangir Khan were also travelling in the car. The accused were arrested and after completion of investigation the challan was submitted to the Court.
3. The trial Court framed the charge, which was denied by the appellant and his co-accused and they claimed trial.
4. During the trial prosecution produced as many as four witnesses by giving up Akhtar Nawaz, A.S.- I. To prove guilt of the appellant.
5. During the trial the prosecution examined Mubarik Ali, H.C. (P.W.1), who kept six sealed parcels in his safe custody of police Malkhana and delivered the parcels to Matiullah, constable for its onward transmission to theoffice of Chemical Examiner. Muhammad Ashraf, H.C. (P.W.3) was the member of the police party and attested the recovery memo. Exh.P.A whereby Car Exh.P.1, Charas Exh.P.2, Opium Exh.P.3, Heroin Exh.P.4 and Registration Book Exh.P.5 were taken into possession by the Investigating Officer. Muhammad Aslam (P.W.4) also attested the recovery memos. Exhs.P.A and P.B. And he drafted the complaint Exh . P.C. On which the F.I.R. (Exh.P.E) was recorded. He investigated the case and challaned the accused.
6. After closing the prosecution evidence the statement of the accused/appellant was recorded under section 342, Cr.P.C., who denied the allegation and claimed his innocence and false involvement.
7. Learned defence counsel at the very outset has argued that the appellant was a poor person and driver of the car and narcotics has been planted upon him which belonged to his co-accused who were let off by the police and he has prayed that he would not challenge his conviction and sentence. If the same be reduced adequately.
7. Learned counsel for the State has supported the impugned judgment.
8. We have carefully considered the submissions made from both the sides with the help of available record.
9. The appellant was driver of the car and a shopper bag on the driving seat beneath the driver containing heavy quantity of narcotics was recovered. He never took the plea during the investigation or before the learned trial Court that narcotics belonged to his co-accused.
Therefore, we find that the prosecution case against him was proved beyond any shadow of doubt and we do not find any reason for interference with the impugned judgment of this conviction and sentence recorded by the learned trial Court.
10. As far the sentence is concerned a huge quantity of narcotics was recovered from his possession, which was Charas and opium which are comparatively less dangerous. Keeping in view the circumstances, the appellant is a poor person and previously non-convict. Therefore, we while maintaining his conviction reduced his sentence from 14 years' to ten years. His fine is also reduced to Rs,1,00,000 instead of Rs,2,00,000. In case of non-payment of fine, he shall further undergo to R.I. For one year. The benefit of section 382-B, Cr.P.C. Is also extended to him.
11. The appeal is dismissed with the above modification. Sentence reduced