JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal No.D-27 of 2021.

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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.

23.02.2022

                        Mr. Muhammad Sharif R.Awan, 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 1020 grams of Charas in shape of four pieces, after due trial, was convicted under section 9(c) of the CNS Act, 1997, and sentenced to undergo R.I for 07 years with fine of Rs.50,000/- 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/Special Judge for (N)/MCTC, Dadu, vide judgment dated 27.09.2021, which has been impugned by the appellant before this Court by preferring the instant criminal 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 appeal on merits, if the conviction and sentence awarded to the appellant is reduced to one which he has already undergone, which is not opposed by learned D.P.G for the State.

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

4.        The appellant is alleged to have been found in possession of 1020 grams of Charas in shape of four pieces, and to such allegation, the prosecution has been able to prove against him by examining Complainant Inspector Noor Hussain 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.

5.        However, the conviction and sentence awarded to the appellant requires to be modified leniently for the reasons that it is border line case between Section 9(b) and (c) of CNS Act, 1997, the negligible quantity of 05 grams from each of piece of Charas making total of 20 grams of Charas, has been subjected to chemical examination; the appellant is young man of 19 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 his appeal on merits, he has shown his genuine remorse and as per jail roll, has already undergone 05 months and 15 days of the substantial sentence and besides this, has also earned remission of 28 days, therefore, the conviction and sentence awarded to the appellant are modified with one which he has already undergone. The fine amount is reduced from Rs.50,000/- to Rs.15,000/- and in default whereof, the appellant will undergo S.I for 15 days.

6.        The instant criminal appeal is disposed of accordingly. 

 JUDGE

                                                              JUDGE