MUHAMMAD AFZAAL and otherss vs THE STATE
This criminal appeal arises from the conviction of the appellants, Muhammad Afzaal and Basharat Ali, by the Special Court, Gujranwala, for an offence under section 9(b) of the Control of Narcotic Substances Act, 1997. The appellants were apprehended during a raid conducted by the Anti-Narcotics Force, where they were found in possession of 500 grams of Charas each. Following a trial, the appellants were sentenced to three years of rigorous imprisonment and a fine of Rs. 50,000 each. Upon appeal, the appellants' counsel did not challenge the conviction but sought a reduction in the sentence. The Lahore High Court observed that the appellants had already served a significant portion of their sentence and had no prior criminal record. Consequently, the Court dismissed the appeal regarding the conviction but exercised its discretion to reduce the sentence of rigorous imprisonment from three years to two years, while maintaining the fine. The judgment affirms the principle that in the absence of previous convictions and given the time already served, a reduction in sentence may be warranted for narcotic offences.
- Can an appellate court reduce a sentence for a narcotic offence if the convict has no prior criminal record?
- Is a conviction under the Control of Narcotic Substances Act 1997 sustainable when the appellants do not challenge the conviction itself on appeal?
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 342, Code of Criminal Procedure 1898
' M. A. SHAHID SIDDIQUI, J.-- Muhammad Afzaal and Basharat Ali appellants have been convicted by a learned Judge, Special Court (constituted under the Control of Narcotic Substances Act, 1997)
Gujranwala for an offence under section 9(b) of the Control of Narcotic Substances Act, 1997 in case F.I.R. No,29, dated 7-7-2002 Police Station ANF Lahore. Both have been sentenced to 3 years rigorous imprisonment and to pay a fine of Rs,50,000 each or in default of payment thereof to suffer simple imprisonment for 9 months each.
2. The prosecution case is that on 7-7-2002 Lieutenant Colonel Abdul Razzaq Ajmal, Joint Director, ANF, Lahore received a secret information that Imtiaz Shah, Hawaldar (proclaimed offender), then posted at Police Station Satellite Town, Gujranwala indulged in narcotic business at a large scale through his agents Muhammad Afzaal, Basharat Ali (both appellants) and Muhammad Tariq. On this information a raiding party comprising of Muhammad Riaz Sumroo, Assistant Director (P.W.3), Muhammad Sarwar, A.S.-I. (P.W.2), Syed Sajeel Haider and Amer Rafique, Assistant Directors along with others officials, was organized which raided the house of Muhammad Tariq accused situated is Street No,6, Mohallah Gulshan Park, Chichharwali Gujranwala. On seeing the police party two of the accused managed to escape, while Muhammad Afzaal and Basharat Ali appellant were apprehended at the spot. As per informer the two persons who had fled away were Tariq and Imtiaz Shah accused. Both the appellants were found in possession of Charas weighing 500 grams each. 10 grams of Charas from each packet was separated and was made in two sealed parcels.
The remainder was also taken into possession vide recovery memos. (Exh.PA and Exh.PB). On the search of the house of Tariq accused four bags of Charas weighing 83 kilograms were also recovered. Sample from these bags were also separately made. Tariq accused, while in custody in some other case, was arrested by the police on 15-7-2002. On the completion of the investigation, both the appellants/accused were challaned.
3. At the commencement of the trial, both the appellants were formally charge-sheeted for carrying 500 grams of Charas each in their possession. They pleaded not guilty and claimed trial.
The prosecution examined four witnesses in order to bring home the charge against the accused.
Abdul Ghafoor (P.W.1) deposed about the transmission of samples to the Office of Chemical Examiner, Lahore for analysis. Muhammad Afzaal Asim, Inspector (P.W.4) stated that formal F.I.R., copy of which is Exh.PH, was drawn by him on the basis of the written complaint made by Muhammad Riaz Sumroo, Assistant Director on 7-7-2002. Muhammad Sarwar, A.S.-I. (P.W.2) and Muhammad Riaz Sumroo (P.W.3) testified the recovery of Charas from the possession of the appellant. The accused in their statements under section 342, Cr.P.C. Denied the allegation and pleaded innocence. Neither they produced any witness in their defence nor did they appear in the witness box to disprove the allegation. The learned trial Court concluded the trial on 20-12-2003 and acquitted Muhammad Tariq accused but convicted the appellants under section 9(b) of the Control of Narcotic Substances Act, 1997. Accordingly the appellants were sentenced to rigorous imprisonment for three years and a fine of Rs,50,000 each or in default of payment thereof to suffer simple imprisonment for six months each. Hence this appeal.
4. Learned counsel for the appellants at the very outset opted not to challenge the conviction. He only prayed for the reduction in the sentence on the ground that the appellants are not previous convicts.
5. We have noticed that the appellants have suffered a major portion of their sentence. There is nothing on the record to show previous involvement of the appellants in any other case of similar nature. We, therefore, feel inclined to reduce the sentence of the appellants from 3 years' rigorous imprisonment to 2 years' rigorous imprisonment. The fine is, however, maintained. With this modification in the sentence, this appeal fails and is hereby dismissed.