JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.D-52 of 2019.

_________________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

_________________________________________________________________

Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

For hearing of main case.

21.12.2021

                        Mr. Ali Ahmed Khan, Advocate for the appellant.

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

                        =  *  = * = * = * = * =

IRSHAD ALI SHAH, J;- The appellant  for being in possession 04 K.Gs of Charas, has been convicted and sentenced under section 9(c) of the CNS Act, 1997, to undergo R.I for 06 ½ years with fine of rupees thirty thousad and in case of default whereof, to undergo S.I for six months, by learned 1^st Additional Sessions/Special  Judge (CNS)/MCTC, Kandhkot, vide judgment dated 29.08.2019, which has been impugned by the appellant before this Court by preferring the instant criminal appeal from jail.

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

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

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

5.        It is the case of the prosecution that the appellant was found to be in possession of 04 K.Gs of Charas, such allegation the prosecution has been able to prove against him by examining Complainant Excise Inspector Talab Aziz, PW/Mashir EC Piyaro and PW/EC Mumtaz, their evidence takes 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 narcotics substance upon him. Thus, they are appearing to be natural witness to the incident.

6.        However, the conviction and sentence awarded to the appellant needs to be modified leniently for the reason that it has come on record that the appellant is man of 48 years of the age, having no criminal record and is said to be the sole bread earner of his entire family, thus is capable of reformation. By not pressing the disposal of his appeal on merits he has shown his genuine remorse. The appellant as jail roll has already undergone 02 year 07 months and 10 days of the substantial sentence and besides this, has also earned remission of 02 year 01 month and 26 days, therefore, the conviction and sentence awarded to the appellant is modified with one which he has already undergone, which excludes imprisonment on account of his failure to make payment of fine.

7.        The instant Criminal Jail Appeal is disposed of accordingly. 

JUDGE

                                                            JUDGE