2022 YLRN 187

ZAFAR IQBAL Versus State

Citation2022 YLRN 187

CourtLahore High Court

Judge(s)Shehram Sarwar Ch. And Muhammad Tariq Nadeem

MUHAMMAD TARIQ NADEEM, J .---Zafar Iqbal, appellant has been tried by the learned trial Court in case FIR No.239 dated 03-07-2019 offence under section 9(c) of the Control of Narcotic Substances Act, 1997 for the charge of possessing charas weighing 1345 grams registered at Police Station Garh Maharaja, Jhang at the conclusion of trial, he has been convicted and sentenced vide judgment dated 30-10-2019 as under:-

"Under section 9(c) of the Control of Narcotic Substances Act, 1997. 04 years and 06 months with fine of Rs.20000/- and in default of payment thereof the appellant was to further undergo S.I. for 05 months. The benefit of section 382-B, Cr.P.C. was also extended to the convict.

2. At the very outset, learned counsel for the appellant submits that he does not dispute the conviction of appellant under section 9(c) of the Act, however, he requested for reduction of the sentence as the appellant is first offender and he has expressed remorse and repentance with an assurance not to deal with narcotics in future.

3. Conversely, the learned Law Officer submits that the learned trial court has rightly convicted the appellant and he does not deserve any further leniency.

4. Heard. Record perused:

5. It has been observed by us that the prosecution has proved the guilt of the appellant beyond any reasonable doubt and has successfully discharge its burden through consistent and confidence inspiring evidence. In this way, the impugned judgment, resulting into conviction of the appellant for offence under section 9(c) of the Control of Narcotic Substances Act 1997, is not open to any exception. Consequently, the conviction of the appellant recorded through the impugned judgment is maintained. As far as quantum of sentence of the appellant is concerned, the appellant is the first offender. According to jail report, he has already undergone the substantial portion of his sentence. Further, the appellant has expressed remorse and repentance with an assurance not to deal with narcotics in future. He should be given an opportunity to mend his ways, hence, the sentence of the appellant is reduced to the period already undergone by him, which would meet the ends of justice. The sentence of fine and imprisonment in default thereof shall remain intact. Reliance is placed upon the cases titled as "Khuda Bakhsh v. The State" (2015 SCMR 735) and "The State through Deputy Director (Law) Regional Directorate, Anti-Narcotics Force v. Mujahid Naseem Lodhi" (PLD 2017 SC 671) and "Mst. Sughran and another v. The State" (2021 SCMR 109).

6. With the above mentioned modification in sentence of the appellant, the appeal in hand is dismissed. The disposal of the case property shall be as ordered by the learned Trial Court.

SA/Z-8/L Sentence reduced.