JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.D-02 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.

30.11.2021

                        Mr. Mumtaz 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 facts in brief necessary for disposal of instant criminal appeal are that the appellant was found to be in possession of 03 mounds of “Dodi”, by police party of P.S CIA Centre, Jacobabad, after due trial, he to the extent of 10 K.Gs of “Dodi” was convicted and sentenced under section 9(c) of the CNS Act, 1997, to undergo R.I for 11 years, with fine of Rs.15,500/- and in default whereof, to undergo S.I for 08 months, with benefit of Section 382-B Cr.PC, by learned Sessions/Special Judge (CNSA), Jacobabad, vide judgment dated 19.12.2018, which is impugned by appellant before this Court by preferring the instant criminal appeal.

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 criminal appeal on merits, provided, the conviction and sentence awarded to the appellant are 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 record.

5.        Admittedly, out of 03 mounds, only 10 K.Gs of “Dodi” has been subjected to chemical examination and liability of the appellant was determined to that extent and to such extent, the prosecution has been able to  prove its case against the appellant beyond shadow of doubt by examining complainant ASI Yar Muhammad, PW/Mashir PC Abdul Sallam and I.O/Inspector Badaruddin; they apparently 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 30 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 remorse. The appellant as per Jail Roll furnished on 30.11.2021, has already undergone 03 years, 08 months and 13 days of substantial sentence, besides this, he has also earned remission of 02 years, 06 months and 11 days, in that way he has undergone 06 years, 02 months and 24 days of the 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 criminal Appeal is disposed of accordingly. 

JUDGE

                                                                     JUDGE