TAJ MUHAMMAD alias TAJI vs THE STATE
This criminal appeal challenges the judgment of the Additional Sessions Judge, Sargodha, whereby the appellant Taj Muhammad alias Taji was convicted under section 9(c) of the Control of Narcotic Substances Act, 1997, and sentenced to 8 years' rigorous imprisonment with a fine of Rs. 50,000 for the recovery of 3000 grams of Charas. The core legal question before the Lahore High Court involved the quantum of sentence and whether a reduction was warranted given the circumstances of the case and the arguments advanced by the appellant's counsel. The High Court upheld the conviction as the appellant's counsel did not impeach the credibility of the prosecution witnesses, but decided to reduce the substantive sentence from eight years to four years and lowered the fine from Rs. 50,000 to Rs. 20,000 with corresponding adjustments to the default sentence, while maintaining the benefit under section 382-B of the Code of Criminal Procedure 1898. The principle laid down is that appellate courts may judiciously modify sentences in narcotics cases when the conviction itself is not contested and mitigating factors are presented regarding the quantum of punishment.
- Whether the appellate court can reduce the sentence of imprisonment under section 9(c) of the Control of Narcotic Substances Act 1997 when the conviction is not challenged?
- Does the failure to impeach official recovery witnesses in a narcotics case justify upholding the conviction?
- Whether the benefit of section 382-B of the Code of Criminal Procedure 1898 applies upon the modification of a sentence in a narcotics conviction?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
- Section 342, Code of Criminal Procedure 1898
- Section 340(2), Code of Criminal Procedure 1898
' ALI NAWAZ CHOWHAN, J.---Taj Muhammad alias Taji appellant was convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 by the learned Additional Sessions Judge, Sargodha vide judgment, dated 9-12-2005 in case F.I.R. No,389, dated 11-10-2004 registered at Police Station Sahiwal District Sargodha and sentence to 8 years' R.I. With a fine of Rs,50,000 or in lieu thereof to further undergo three months' S.-I. He was given the benefit under section 382-B, Cr.P.C.
2. Briefly the prosecution case is that during raid 3000 grams of Charas along with scale, measurement weights, chhurree and Scissors were recovered from the Baitak of the appellant while he made good his escape.
3. To prove its case the prosecution examined as many as five witnesses. Muhammad Hayat P.W.1 deposed about the safe custody of sealed parcels said to contain Charas in the Malkhana of the Police Station. Nazar Muhammad, S.-I. P.W.2 and Mukhtar Ahmad, S.-I. P.W.3 are the recovery witnesses. Aziz Ullah P.W.4 transmitted the sealed parcel containing Charas to the office of Chemical Examiner. Nawab Hussain Dogar P.W.5 is the complainant and investigated the case.
4. The accused was examined under section 342, Cr.P.C. He denied all the allegations and recovery of Charas. He did not opt to appear as his own witness under section 340(2), Cr.P.C. But produced copy of order, dated 6-1-2005 as Exh. DA.
5. The learned counsel for the appellant is only asking for reduction in the sentence which means that he is not impeaching the credibility of the witnesses although they all are officials.
6. While we uphold the order of conviction we reduce the sentence from eight years to four years.
The fine is also reduced from Rs,50,000 to Rs,20,000 or in lieu thereof to further undergo one month's S.-I. He shall be entitled to the benefit under section 382-B, Cr.P.C. The appeal is disposed of with the above modification in the sentence.
Sentence reduced.