Muhammad Farooq vs State
This criminal appeal challenges the judgment of the Sessions Judge/Judge Special Court CNS, Jhelum, whereby the appellant was convicted under Section 9(b) of the Control of Narcotic Substances Act, 1997 and sentenced to rigorous imprisonment along with a fine. The core legal question concerns the quantum of sentence and whether lenominational reformative principles apply to a first-time offender possessing a minor quantity of narcotics. The Lahore High Court held that considering the minor quantity recovered and the reformative purpose of sentencing, the substantive sentence of imprisonment should be reduced to the period already undergone, while maintaining the fine and default sentence. The key principle laid down is that the paramount consideration in sentencing is the reformation of the offender rather than retribution, permitting reduction of sentence to the period already undergone in appropriate circumstances for first-time offenders.
- Whether the sentence of a convict under the Control of Narcotic Substances Act can be reduced to the period already undergone?
- What is the primary consideration of the sentencing system regarding first-time offenders?
- Can an appellate court maintain the fine while reducing the substantive imprisonment of an appellant?
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
Raja Shahid Mehmood Abbasi , J.--Muhammad Farooq, appellant is in receipt of guilty verdict returned to him by a learned Sessions Judge/ Judge Special Court CNS, at Jhelum vide judgmen t dated 12.06.2017; he stands convicted under Section 9(b) of the Control of Narcotic Substances Act, 1997 and sentenced to one year and three months rigorous imprisonment with fine of Rs. 9000/- or to undergo three months and fifteen days simple imprisonment in the event of default with benefit of Section 382-B of the Code of Criminal Procedure, 1898.
2. The facts leading to the filing of the instant appeal are that Muhammad Farooq, appellant was surprised by a police party of Police Station Mangla Cantt., District Jhelum when found in possession of two pieces of charas weighing 140 gram, out of which 05/05 gram was separated for the purpose of analysis. The case was structured through complaint Ex.PB by Imran Amjad, ASI/PW3 and recovery was supported by Muhammad Usman 463/C (PW.4). Remaining witnesses relate to investigative process as well as dispatch of sample to the forensic agency .
Punjab Forensic Science Agency , Lahore report Ex.PD confirmed the narcotic character of the substance.
3. Learned counsel for the appellant, without disputing the vires of conviction, prays for the reduction of sentence already undergone by the appellant on the ground that being first offender , he has already undergone a good deal of incarceration; there is possibility , of once again becoming a useful member of the society and as such, the reduction in sentence would be conducive for reformation.
4. Learned Law Of ficer has not opposed this request with any degree of enthusiasm.
5. Heard. Record perused.
6. The purpose of sentencing system is not to wreak vengeance from an offender and the paramount consideration is to reform an errant member of the society so as to become a useful citizen once again. In view of the quantity recovered and nature of substance, reduction of sentence to the period already undergone would not be out of place. Consequently , this appeal is dismi ssed in the terms that sentence is reduced to already undergone by the appellant, however , the amount of fine is kept intact. He is on bail by way of suspension of his sentence vide order dated 23.08.2017, he is directed to pay fine within 15 days from today failing which he shall be taken into custody to serve out the simple imprisonment in lieu of fine imposed by the learned trial Court. The disposal of the case property shall be as ordered by the learned trial Court.