JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.D-57 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 Agha Faisal,

For hearing of main case.

08.02.2022

                        Mr. Abdul Baqi Jan Kakar, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH, J;- The appellant  for being in possession 02 K.Gs of Heroin Powder, after due trial, was convicted under section 9(c) of the CNS Act, 1997, and sentenced to undergo R.I for 06 years with fine of rupees thirty thousand and in default whereof, to undergo S.I for six months, with benefit of Section 382-B Cr.PC, by learned 1^st Additional Sessions/MCTC/Special  Judge for CNS, Kandhkot, vide judgment dated 29.08.2019, which has been impugned by the appellant before this Court by preferring the instant criminal jail appeal.

2.        At the very outset, it is contended 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 Addl.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 02 K.Gs of Heroin Powder, such allegation the prosecution has been able to prove against him by examining Complainant Excise Inspector Talat Aziz Kalwar and his witnesses, their evidence takes support from the positive report of Chemical Examiner and by considering their evidence, the learned trial Court was right to conclude that the prosecution has been able to prove its case against the appellant beyond shadow of doubt.

6.        However, the conviction and sentence awarded to the appellant needs to be modified leniently for the reasons that the appellant is young man of 25 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 his appeal on merits, he has shown his genuine remorse and as per jail roll, has already undergone 03 years 03 months and 24 days of the substantial sentence and besides this, has also earned remission of 02 year 01 month and 09 days, therefore, the conviction and sentence awarded to the appellant are 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