ABDUL HAMEED Versus State

1. ASIF SAEED KHAN KHOSA, J.--- According to the prosecution Abdul Hameed appellant was apprehended at a time when he was traveling in a vehicle and was carrying a bag containing 44 kilograms of charas which was packed in 44 separate packets weighing one kilogram each. The record of the case shows that instead of taking 44 separate samples of the recovered substance only one consolidated sample weighing 200 grams had been separated from the recovered substance which sample had subsequently been tested positive by the Chemical Examiner. In view of the law declared by this Court in the case of Ameer Zeb v. The State (PLD 2012 SC 380) only one kilogram of charas could have been considered against the appellant for the purposes of his conviction and sentence. In this view of the matter this appeal is partly allowed, the conviction of the appellant for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 is converted into his conviction for an offence under section 9(b) of the said Act and his sentence is reduced to rigorous imprisonment for one year and nine months and a fine of Rs.13,000/- (Rupees thirteen thousand only) or in default of payment thereof to undergo simple imprisonment for four months and fifteen days. The benefit under section 382-B, Cr.P.C. shall be extended to the appellant. This appeal is disposed of in these terms.

2. MWA/A-4/SC Order accordingly.