ABDUL REHMAN Versus State
This criminal appeal arises from a judgment of the Additional Sessions Judge, Mianwali, whereby the appellant was convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 for the possession of 1250 grams of Charas and sentenced to rigorous imprisonment for three years with a fine of Rs.20,000. The core legal question concerned the sustainability of the conviction and the quantum of sentence for narcotics possession. The Lahore High Court upheld the conviction based on consistent and reliable testimony of police witnesses supported by a positive chemical examiner report, but modified the sentence of fine upon the appellant's plea of poverty and state concurrence. The Court laid down the principle that concurrent, credible testimony of public servants regarding narcotics recovery warrants upholding a conviction, and appellate courts may mitigate default sentences of fines considering the financial hardship of an indigent convict.
- Whether the uncorroborated testimony of police officials is sufficient to maintain a conviction under the Control of Narcotic Substances Act, 1997?
- Can an appellate court reduce the sentence of fine imposed under the Control of Narcotic Substances Act on the ground of the appellant's poverty?
- Whether the recovery of Charas duly supported by a positive chemical examiner report establishes a charge under section 9(c) of the Control of Narcotic Substances Act, 1997?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
M. BILAL KHAN, J.-- - Abdul Rehman son of Aman Ullah, was tried by the learned Additional Sessions Judge, Mianwali in case F.I.R. No.243, dated 11-9-2002, under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Saddar Mianwali for retaining in his possession Charas. weighing 1250 grams. The learned trial Judge by virtue of his judgment dated 10-11-2003 found him guilty of the said charge, convicted and sentenced him to rigorous imprisonment for three years with a fine of Rs.20,000 or in default thereof to further undergo simple imprisonment for six months. Benefit of' section 382-B, Cr.P.C. was, however, accorded to him.
2. Feeling aggrieved of his conviction and sentence, the appellant has approached this Court by filing the instant appeal.
3. According to the prosecution story, on 11-9-2002, about 8-00 a.m., the complainant, namely, Akhtar Nawaz, S.-I. along with a contingent of police officials was available at Towran Chowk PAF Road, Mianwali on petrol duty and looking for outlaws; he received a spy information that the appellant having narcotics in his possession was present in nearby bushes and was waiting for customers; he along with his companions reached the spot by means of a private vehicle at 8-15 a.m., apprehended the petitioner and recovered Charas weighing 1250 grams out of a shopping bag, which he was carrying at that time; ten grains of Charas out of the whole quantity were separated as sample for chemical analysis.
4. The report of the Chemical Examiner subsequently confirmed that the recovered item was in fact Charas. The witnesses of the said recovery were all public servants, who had not background of ill-will or bitterness against the appellant, so as to falsely implicate him in a case of this nature. The said witnesses had made consistent statements before the learned trial Court and their statements had not only impressed the learned trial Court but the same have also inspired our confidence.
5. The learned counsel for the appellant in this backdrop submits that the appellant has already served out the period of his sentence, however, he is undergoing the sentence for default in payment of fine. He only prays that the sentence of fine may be reduced as the appellant) is an extremely poor person.
6. The learned counsel for the State does not seriously oppose the prayer made by learned counsel for the appellant.
7. Keeping in view the aforesaid situation, we reduce the sentence of fine from Rs.20,000 to Rs.10,000, however, in case of non-payment thereof, the appellant shall suffer simple imprisonment for one month.
8. With the above modification in the sentence of the appellant, this appeal stands disposed of.
N.H.Q./A-670/L ????????????????????????????????????????????????????????????????????????????????? Order accordingly.