IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Rev. Appln. No. S-29 of 2022

Applicants	1. Fayaz Hussain 2. Nadeem
	Through Mr. Safdar Ali Ghouri Advocate
State	Through Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	27-04-2023
Date of judgment	27-04-2023

J U D G M E N T

Zulfiqar Ali Sangi, J. The applicants were tried by the learned Assistant Sessions Judge, Jacobabad vide judgment dated 15.10.2021, emanating from Crime No.116/2020, registered at Police Station Saddar Jacobabad, for offence under Sections 4,8(i) of the Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019, whereby they were convicted to suffer rigorous imprisonment of one year and pay fine of Rs.200,000/- each. In case of default in payment of fine, each accused was directed to suffer simple imprisonment for a period of six months more. However, benefit of Section 382-B Cr.P.C was extended to the applicants/accused. The applicants preferred criminal appeal before Sessions Judge, Jacobabad, who after hearing the parties, dismissed the criminal appeal and maintained the conviction awarded to the applicants by the learned Assistant Sessions Judge-I, Jacobabad. Hence this criminal revision.

2. At the very outset, it is contended by the learned counsel for the applicants that, as per instructions, he would not press the disposal of instant criminal revision application on merits if the conviction and sentence awarded to the applicants is reduced/modified to one as already undergone by them including fine.

3. Learned D.P.G. has also conceded such proposition.

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

5. It is case of prosecution that the complainant S.I.P Abdul Rasheed Brohi stopped a truck and found 700 sacs of betel nuts loaded therein. The truck was driven by applicant/accused Fayaz Hussain and cleaner of the truck was Nadeem. The applicants/accused told that they were doing business of transportation of betel nuts from Baluchistan to Sindh. Thereafter the arrested accused and recovered properties were brought at Police Station, where the complainant lodged F.I.R against the above named accused on behalf of the State. It appears that the applicants were arrested on the spot on 19.06.2022 and the learned trial Court after concluding trial, awarded conviction and sentence of one year and fine of Rs.200,000/= vide judgment dated 15.10.2021. They preferred criminal appeal before the learned Sessions Judge on 21.10.2021 and filed instant criminal revision before this Court on 25.04.2022. Jail roll was called, which reflects that the applicants were remained in jail for about two months and 20 days.

6. Since, the applicants have not contested the instant criminal revision on merits, therefore, conviction and sentence awarded to them require to be modified leniently for the reasons that the applicants have no past criminal antecedent as such they are  capable of reformation. By not pressing this revision on merits, they have shown their genuine repentance to their guilt, therefore, the conviction and sentence awarded to the applicants by way of impugned judgments are modified with one as already undergone by them. However, the fine amount is reduced from Rs.200,000/- (each) to Rs.50,000/- (each). However, the order passed by the trial court U/S 517 Cr.P.C shall remain intact.

7. The instant Criminal Revision Application is disposed of with above modification. 

Judge

Abdul Salam/P.A