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Petitioner: ABDUL SATTAR VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Mushir Alam, Asif Saeed Khan Khosa, Manzoor Ahmad Malik Title: ABDUL SATTAR vs The STATE Case No.: Criminal Appeal No, 108 of 2010 Date of Judgment:2016-01-19 Reported As: 2016 P.S.C. 506, 2016 PSC CRI 506, 2016 SCMR 909 Result: Order accordingly
JUDGMENT
JUDGMENT ' ASIF SAEED KHAN KHOSA, J.---The facts of this case as well as the evidence produced before the trial court find an elaborate mention in the judgments passed by the courts below and, therefore, the same may not be reproduced here so as to avoid duplication and unnecessary repetition. 2. According to the prosecution Abdul Sattar appellant was apprehended while in possession of charas weighting 42 kilograms which was contained in 21 separate packets and the weight of every packet was two kilograms. The FIR as well as the report of the Chemical Examiner confirm the fact that out of the recovered substance only one consolidated sample weighing 84 grams had been separated for chemical analysis. In view of the law declared by this Court in the case of Ameer Zeb v. The State (PLD 2012 SC 380) the weight of only one packet, i,e, two kilograms of charas could have been considered for the purposes of the appellant's conviction and sentence. This appeal is, therefore, partly allowed, the conviction of the appellant for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997 is maintained but his sentence is reduced to rigorous imprisonment for four years and six months and a fine of Rs. 20,000/- (Rupees twenty thousand only) or in default of payment thereof to undergo simple imprisonment for five months. The benefit under section 382-B, Cr.P.C. Shall be extended to the appellant. This appeal is disposed of in these terms.
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