IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA.

Crl. Appeal No. D–35 of 2022

Before:

                                                Mr. Justice Irshad Ali Shah.

                                                                                    Mr. Justice Zulfiqar Ali Sangi.

Appellant:                            Abdul Waheed son of Gulzar Ahmed Shaikh

                                                Through Mr.Abid Hussain Qadri, Advocate.

The State:                              Through Mr. Ali Anwar Kandhro, Addl.P.G.

Date of hearing:                  22-03-2023.

Date of decision:                 22-03-2023.

JUDGMENT

IRSHAD ALI SHAH, J. It is the case of prosecution that on arrest from the appellant was secured 1200 grams of Charas by Police party of P.S Khairpur Nathan Shah, for that he was booked and reported upon. On conclusion of trial, he was convicted u/s. 9 (C) of CNS Act, 1997 and sentenced to undergo Rigorous Imprisonment for 04 years and 06 months with fine of Rs.20,000/- and in default whereof, to undergo Simple Imprisonment for 05 months with benefit of Section 382-B Cr.PC, by learned 1^st Additional/Special Judge (N)/MCTC, Dadu, vide judgment dated  11.08.2022, which the appellant has impugned before this Court by way of instant Crl.Appeal.

2.         At the very outset, it is stated by learned counsel for the appellant that the appellant has already undergone substantial sentence of 00 years, 10 months and 03 days, beside this, he has earned remission of 01 year, 10 months and 07 days,  in that he has already remained in jail for about 2 ½ years, therefore, he would not press the disposal of instant Crl.Appeal on merits, provided the sentence awarded to the appellant is reduced to one which he has already undergone, which is not opposed by learned Addl.P.G for the State.

3.         Heard arguments and perused the record.

4.         The appellant is young man of 35 years of age; he is said to be sole bread earner of his family; no criminal record against him is produced;         by not pressing the disposal of his appeal on merits he has shown remorse, thus there is likelihood of his reformation. By considering all these factors as mitigating circumstances, the Rigorous Imprisonment awarded to the appellant for the said offence is reduced to one which he has already undergone which includes payment of fine. He shall be released forthwith if is not required to be detained in any other     custody case.

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

                                                                                                             J U D G E

                                                                           J U D G E