JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.D-33 of 2020.

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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.

21.12.2021

                        Mr. Ashique Ali Jatoi, Advocate for the appellant.

Mr. Aitbar Ali Bullo, Deputy Prosecutor General for the State.

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IRSHAD ALI SHAH, J;- The appellant  for being in possession 03 K.Gs of Charas, has been convicted and sentenced under section 9(c) of the CNS Act, 1997, to undergo R.I for 14 years with fine of rupees One Lac and in case of default whereof, to undergo S.I for two years, by learned 1^st Additional Sessions/Special  Judge (CNSA), Kamber, vide judgment dated 06.10.2020, which has been impugned by the 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 disposal of instant criminal 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 03 K.Gs of Charas, such allegation the prosecution has been able to prove against him by examining Complainant SIP Ubedullah, PW/Mashir HC Ranjhan and PW/WPC Imtiaz Ali Chandio, 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. 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 young man of 23 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 01 year 04 months and 21 days of the substantial sentence and besides this, has also earned remission of 01 year and 23 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 Appeal is disposed of accordingly. 

JUDGE

                                                            JUDGE