JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.D-81 of 2019.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

For hearing of main case.

16.11.2021

                        Mr. Shahbaz Ali Brohi, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH, J;- The appellant for being in possession of 03 K.Gs of Charas and 01 K.G of Heroin Powder, has been convicted and sentenced under section 9(c) of the CNS Act, 1997, to undergo R.I for 05 years and 06 months, with fine of Rs.25,000/- and in case of default whereof, to undergo S.I for 06 months, by learned 1^st Additional Sessions  Judge/MCTC, Jacobabad, vide judgment dated 29.11.2019, which has been impugned by the appellant before this Court by preferring the instant appeal from jail.

2.        At the very outset, it is stated by learned counsel for the appellant that, under instructions, he would not press the disposal of instant jail appeal on its merits, if the conviction and sentence awarded to the appellant is reduced to one which he has already undergone.

3.        Learned Addl.P.G for the State has recorded no objection to above said proposition.

4.        We have considered the above arguments and have perused the record.

5.        It is the case of prosecution that the appellant was found in possession of 03 K.Gs of Charas and 01 K.G of Heroin Powder, such allegation the prosecution has been able to prove against him beyond shadow of doubt by examining complainant ASI Azizullah, PW/Mashir PC Kalati Khan and Investigating Officer/SIP Shabir Ahmed. Their evidence finds support from the positive report of Chemical Examiner. They indeed were having no enmity with the appellant to have involved him in this case falsely by making foistation of such huge quantity of narcotics substance upon him.

6.        However, the conviction and sentence awarded to the appellant need to be modified with lenient action for the reasons that it has come on record that the appellant is young man of 28 years of the age, having no criminal record and is said to be the sole bread earner of his family, thus is capable of reformation. By not pressing disposal of his appeal on merits, apparently he has shown his genuine repentance. The appellant as per Jail Roll has already undergone 02 years, 01 month and 04 days of substantial sentence, besides this, he has also earned remission of 01 year, 09 months and 06 days, in that way he has almost undergone four years of imprisonment. The conviction and sentence awarded to the appellant thus is reduced to one which he has already undergone, which excludes imprisonment on account of his failure to make payment of fine.

7.        The instant Jail Appeal is disposed of accordingly. 

JUDGE

                                                                              JUDGE