JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.D-40 of 2019.

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DATE              ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Adnan Iqbal Chaudhry,

 Mr. Justice Zulfiqar Ali Sangi,

For hearing of main case.

21.02.2023

                Mr. Akbar Ali Dahar, Advocate for appellant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

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ZULFIQAR ALI SANGI, J;- Appellant Adnan Khan Pathan on having been found in possession 10 K.Gs of Charas, after due trial was convicted for an offence punishable U/S.9 (c) of the C.N.S Act, 1997 and sentenced to undergo R.I for 12 years and 06 months with fine of Rs.60,000/- and in default whereof, to undergo S.I for 09 months, with benefit of Section 382-B Cr.PC, vide judgment dated 08.07.2019 delivered by learned 1^st Additional Sessions Judge (MCTC)/Special Judge for C.N.S, Kandhkot, 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, as per instructions, he would not press the disposal of instant criminal jail appeal on merits if the conviction and sentence awarded to the appellant is reduced to one as already undergone by him including fine while such proposition has also been acceded by learned D.P.G for the State.

3.     Heard arguments of learned counsel for the parties and perused the material made available on the record.

4.     It is case of prosecution that the appellant was found in possession of 10 K.Gs of Charas and to such allegation, the prosecution examined Complainant/Excise Inspector Talat Aziz Kalwar, Mashir/EC Piyaro, whose evidence finds support from the positive report of Chemical Examiner and by considering their evidence, the learned trial Court has rightly concluded to establish the guilt against the appellant beyond shadow of doubt.

5.     Since, the conviction and sentence awarded to the appellant requires to be modified leniently for the reasons that the appellant being young man of 34 years appears to be first offender, having no criminal antecedents and is said to be the sole bread earner of his entire family, as such he is capable of reformation. By not pressing his appeal on merits, he has shown his genuine repentance to his guilt and as per jail roll, he has already undergone 03 years, 11 months and 02 days of the substantial sentence and besides this, has also earned remission of 06 years, 05 months and 19 days, therefore, the conviction and sentence awarded to the appellant by impugned judgment are modified with one as already undergone by him which includes the imprisonment on account of his failure to make payment of fine. He shall be released forthwith in the present case if he is no more required in any other custody case.

6.     The instant Criminal Jail Appeal is disposed of with above modification. 

 JUDGE

                             JUDGE  

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