MUHAMMAD AKRAM Versus State

ORDER

CRIMINAL MISCELLANEOUS NO.1 OF 2007

Convict- applicant was tried in case F.I.R. No.127, dated 21-3-2006 registered under sections 9(c)/15 of C.N.S.A., 1997 at Police Station Sillanwali, District Sargodha by the learned Sessions Judge, Sargodha. The learned trial Judge vide his judgment, dated 21-5-2007 convicted the petitioner under sections 9-(c)/15 of C.N.S.A., 1997 and sentenced to 5 years along with fine of Rs. 10,000. Benefit of section 382-B, Cr.P.C. was given to him.

2. Through this petition, the petitioner seeks suspension of his sentence on the ground that no recovery was effected from the person of the convict-applicant and that he had no knowledge of the possession of narcotics by the co-accused concealed by him by fastening with a cloth wrapped in a plastic envelope around his legs.

3. Heard. Record perused.

4. Convict-applicant cannot be deemed to have acquired knowledge of concealment of narcotics by the co-accused. No recovery was effected from his person. He was simply driving a motorcycle. Conviction prima facie has been based on presumption. The petitioner has made out a case for suspension of sentence.

5. In view of above, this petition is allowed and the sentence of the petitioner is suspended subject to furnishing of bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of D.R. (Judi) of this Court.

H.B.T./M-59/L ??????????????????????????????????????????????????????????????????????????????????? Sentence suspended.