This appeal before the Supreme Court of Pakistan arose from the appellant's conviction and death sentence for the recovery of 171 kilograms of charas, 70 kilograms of opium, and 3 kilograms of heroin from secret cavities of a truck he was driving. The appellant contended he was merely a truck loader with no knowledge of the concealed illicit substances. The Supreme Court affirmed the concurrent findings of guilt by the lower courts, holding that the appellant's claim of lack of knowledge was untenable. However, considering the concealment of the contraband in secret cavities as a mitigating circumstance, and relying on established judicial precedents, the Court reduced the sentence from death to life imprisonment. The Court maintained the conviction and the fine but specifically denied the appellant the benefit of Section 382-B of the Code of Criminal Procedure, 1898.
' MIAN SAQIB NISAR, J.---A huge quantity i,e,, 171 kilograms of charas, 70 kilograms of opium and 3 kilograms of heroin was recovered from the truck loaded with bricks being driven by the appellant from the secret cavities of the vehicle. The appellant after the trial was found guilty and was sentenced to death with a further direction to pay Rs, 100,000 as fine or in default to undergo RI for one year; his conviction and sentence has been maintained by the High Court in the appeal. Leave in this case was granted on 11-5-2010 to consider the submission of the appellant's counsel that he (the appellant) had no knowledge of the illicit substances, being there in the secret cavities of the vehicle, as he was only the truck loader therefore this court in the said order observed, "we are inclined to grant leave only on the question of quantum of sentence being appropriate punishment awarded to the petitioner or that he could have been punished to imprisonment for life having the effect of deterrence as well".
2. Though counsel for the appellant has argued the case on merits as well and we have also to an extent examined the record, but do not find that the judgments recorded by the two courts below against the appellant, holding him guilty of the offence are infirm for any legal or factual reasons.
However in view of the fact that the illicit substance was found concealed in the secret cavities thus ruled out that the appellant was not aware in this regard, thus while considering it to be a mitigating circumstance and keeping in view the ratio of law laid down as Sahibzada and another v. The State (1991 SCM R 895), Nur Hussain v. The State (1993 SCM R 1608) and Zahoor Ahmad Awan v. The State (1997 SCM R 543), we by maintaining the conviction of the appellant are inclined to reduce his sentence from death to life imprisonment, but without giving him the benefit of section 382-B, Cr.P.C. Besides the sentence of fine and the imprisonment in default thereto, is also maintained. This appeal is decided in terms of the above.
Sentence reduced.