IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Spl. Crl. Jail Appeal No. D – 42 of 2020

Before;

Mr. Zafar Ahmed Rajput,

Mr. Justice Irshad Ali Shah

Appellant: Gul Muneer son of Ghulam Hyder by caste Abro.

(Now confined in Central Prison Hyderabad)

Through Mr. Ahmed Bux Abro, Advocate.

The State: Through Mr. Mohsin Ali Khan, Special Prosecutor ANF.

Date of hearing: 24-01-2023.

Date of decision: 24-01-2023.

JUDGMENT

IRSHAD ALI SHAH, J. It is the case of the prosecution that on arrest from the appellant was secured 4.500 Kilograms of Heroin Powder (half white), 300 grams of Heroin Powder (Crystal), 800 grams of Opium and 01 Kilogram of Ice by police party of PS Anti Narcotic Force Sukkur, for that he was booked and reported upon. On conclusion of trial, he was convicted u/s 9 (C) of CNS Act for being in possession of 5.300 (4.500+800) Kilograms of Heroin powder and sentenced to undergo Rigorous Imprisonment of 09 years and to pay fine of Rs. 90,000/- and in default whereof to undergo Simple Imprisonment for 09 months; he was further convicted u/s 9 (b) of CNS Act, 1997, for being in possession of 01 Kilograms of Opium and sentenced to undergo Rigorous Imprisonment of 01 year and 05 months and to pay fine of Rs. 6000/- and in default whereof to undergo Simple Imprisonment of 03 months and 15 days; he was further convicted u/s 9 (b) of CNS Act, 1997 for being in possession of Ice and sentenced to undergo Rigorous Imprisonment for 07 years and to pay fine of Rs. 50,000/- and in default whereof to undergo Simple Iimprisonment for 04 months; all the sentences were ordered to run concurrently with benefit of section 382-B Cr.P.C by learned IIIrd Additional Sessions Judge/MCTC-II Sukkur vide judgment dated 19-11-2020, which is impugned by the appellant before this Court by way of instant Crl. Jail Appeal.

2. It is stated by learned counsel for the appellant that it was case of joint recovery; therefore learned trial Court ought not to have punished the appellant for individual Narcotic Substance, such exercise was illegal; however, he would not press the disposal of instant Crl. Jail Appeal on merits, provided the aggregate sentence awarded to the appellant is reduced to one which has already undergone, which is opposed by learned Special Prosecutor ANF by contending that the appellant has committed the offence which is affecting the society at large.

3. Heard arguments, perused the record.

4. Admittedly, it was the case of joint recovery, therefore learned trial Court ought to have punished the appellant on the basis of aggregate weight of the recovered Narcotic Substance. The appellant is of 48 years of the age and said to be sole bread earner of his family and by not pressing disposal of his Appeal on merits, he has shown remorse and there is likelihood of his reformation. By considering all these factors as mitigating circumstances, he is convicted for the said offence and sentenced to undergo Rigorous Imprisonment for 08 years and to pay fine of Rs. 30,000/- and in default whereof to undergo Simple Imprisonment of 03 months with benefit of section 383-B Cr.P.C.

5. The instant Crl. Jail Appeal subject to above modification is disposed of accordingly.

J U D G E

Nasim/P.A