JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.D-44 of 2022.

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DATE                        ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

                                                Mr. Justice Irshad Ali Shah.

                                                                                    Mr. Justice Arbab Ali Hakro.

01. For orders on M.A.No.2178/2023.

02. For orders on office objection “A”.

03. For orders on M.A.No.47/2023.

04. For hearing of main case.

16.05.2023

                        Mr. Habibullah Ghouri, Advocate for the appellant.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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1.         Urgency granted.

2.         Overruled.

3.         Not pressed.

4.         It is alleged that on arrest from the appellant was secured 1030 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 Imprisonment for 09 years with fine of Rs.80,000/- and in default whereof, to undergo Simple Imprisonment for 06 months with benefit of Section 382-B Cr.PC by learned 1^st Additional Sessions/Special Judge CNS/MCTC, Dadu, vide judgment dated  08.12.2022, which he has impugned before this Court by way of instant Crl.Jail Appeal.

             At the very outset, it is stated by learned counsel for the appellant that he would not press the disposal of instant 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.

            Heard arguments and perused the record.

            The amendment in CNS Law is made by way of Act No.XX of 2022; it received assent on 05^th September, 2022. No particular date of its operation has been notified therein, therefore, same as per Section 5 of General Clauses Act, 1897 would into operation on the day on which it receives the assent. The instant case was registered against the appellant on 11.05.2022, it was much prior to the above said amendment in CNS Law; therefore, the appellant could hardly be dealt with under such amendment. The appellant as per jail roll has already served out substantial sentence of 00 years, 05 months and 19 days, besides this, has earned remission of 01 year, 03 months and 23 days, in that way, has served out the sentence for about 02 years; he is an old man of 54 years of age and said to be sole bread earner of his family; no criminal record against him has been produced on file; 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 sentences awarded to the appellant, for the said offence is reduced to one, which he has already undergone, which includes the sentence on account of default in payment of fine; he shall be released forthwith, if not required to be detained in any other custody case.

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

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