IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA.

Crl. Appeal No. D –05 of 2021

Before:

                                                Mr. Justice Irshad Ali Shah.

                                                                                    Mr. Justice Zulfiqar Ali Sangi.

Appellant:                            Muhammad Ismail s/o Muhammad Umar   

Through Mr.Abdul Baqi Jan Kakar, Advocate.

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

Date of hearing:                  29-03-2023.

Date of decision:                 29-03-2023.

JUDGMENT

IRSHAD ALI SHAH, J;- The facts in brief necessary for disposal of instant criminal appeal are that the appellant was found in possession/transporting 08 K.Gs of Charas through his Car, by police party of P.S, Lakhi Ghulam 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 was sentenced to undergo imprisonment for 10 years and 06 months with fine of Rs.50,000/- and in default whereof, to undergo simple imprisonment for 08 months, with benefit of Section 382-B Cr.PC, by learned Sessions/Special Judge (CNSA) Shikarpur, vide judgment dated 21.01.2021, which he has impugned before this Court by preferring the instant criminal appeal.

2.         It is contended by learned counsel for the appellant that the appellant being innocent has been involved in this case falsely by the police and evidence of PWs being doubtful in its character has been believed by learned trial Court without lawful justification, therefore, he is entitled to his acquittal by extending him benefit of doubt or alternatively sentence awarded to him to be reduced to one which he has already undergone as he is sole bread earner of his family, which is opposed by learned Addl.P.G for the State by supporting the impugned judgment by contending that the appellant is a police constable.

3.         Heard arguments and perused the record.

4.         It was stated by complainant ASI Talib Hussain and Mashir HC Ghulam Murtaza that on date of incident they with rest of the police personnel were conducting patrol, when reached at Kundo Shakh, started checking during course whereof, found coming a Car without registration number; it was got to halt; the appellant was found sitting therein; on search in its’ digi was found a gunny bag; it was secured, it was found containing 08 packets of Charas, each one was consisting of 02 slabs; each packet was weighed to be 01 K.G, total 08 K.Gs; it was sealed and secured under memo; the appellant with the recovery so made then was taken to P.S Lakhi Ghulam Shah, there he was booked in the present case formally and further investigation of the case was conducted by I.O/SIP Muhammad Aslam; it was stated by him that on investigation he deposited the Charas in Malkhana, recorded 161 Cr.PC statements of PWs, visited the place of incident, prepared such memo and then deposited the Charas with the Chemical Examiner who certified the same to be Charas and after usual investigation submitted challan of the case. In order to prove the safe custody of Charas, PW/WHC Parvez Ali being Incharge of Malkhana was also examined by the prosecution. All of them have stood by their version on all material points despite lengthy cross examination; they could not be disbelieved only for the reason that they are the police officials, ignoring the recovery of huge quantity of Charas from the appellant which he was found transporting through his Car. They indeed were having no enmity with the appellant to have involved him in this case falsely by foisting upon him the Charas. The appellant has neither examined himself on oath, nor anyone in his defence; therefore, his simple plea of innocence has rightly been rejected by learned trial Court by making an observation that the prosecution has been able to prove its case against him beyond shadow of doubt.         

5.         As per jail roll, the appellant has already undergone the substantial sentence of 03 years, 00 months and 28 days, besides this, has earned remission of 05 years, 02 months and 01 day, in that way he has already undergone more than 08 years of the sentence, which appears to be sufficient in the circumstances, therefore, the sentence awarded to the appellant is reduced to one as already undergone by him which includes the sentence on his failure to make payment of fine by considering the mitigating circumstances of the case as he is likely to lose his job; no criminal record is brought against him; he is of 47 years of age and said to be sole bread earner of his family.

6.         Subject to above modification, the instant Crl.Appeal fails and is dismissed accordingly.

                 JUDGE

JUDGE