ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Appeal No.D-12 of 2008.

DATE ORDER WITH SIGNATURE OF JUDGE

FOR ORDERS ON APPLICATION AS WELL AS FOR REGULAR HEARING.

26.11.2009.

Mr. S. Tariq Ahmed Shah, Advocate for the appellant.

Mr. Muhammad Iqbal Kalhoro, Addl. P.G. for the State.

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Learned counsel for the appellant does not press this appeal on merits and states that he has been instructed to pray for reduction of the quantum in punishment.

We have examined the case. There are contradictions in regard to the recovery but since the matter is not being pressed on merits and a request for disposal of the matter on the ground of reducing the quantum of punishment from 10 years and fine of Rs.100,000/- to that of already undergone, therefore, we avoid expressing ourselves on the merits of the case.

The appellant has claimed to be the lone bread earner of his family and first offender. The recovery of alleged narcotics from the appellant is 1600 grams of charas and the punishment is not proportionate to the recovery and it is a harsh judgment on the point of quantum of punishment.

According to the Jail Roll the appellant has served substantive period of sentence as 1 year 11 months and 18 days and has earned remissions of 1 year 4 months and 22 days as on 21.11.2009. If this period is calculated together, the appellant has served more than 3 years. We feel that since the appellant is the first offender and the lone bread earner of his family, therefore, while dismissing the appeal we reduce the quantum of punishment awarded to him in the impugned Judgment from 10 years and fine of Rs.1,00,000/- to that of already undergone.

The appellant shall be released forthwith if not required in any other case.

JUDGE