IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

 

Crl. Appeal No. D- 22 of 2024.

 

Waheed Ali alias Humair Jatoi.                                              ……………..………...Appellant.

 

Versus

 

The State.                                                                               ..……………….….Respondent.

           

 

            Mr.  Shahbaz Ali Khan Brohi, Advocate for appellant.

            Mr. Ali Anwar Kandhro, Additional Prosecutor General.

 

 

Date of hearing:                     22.05.2024

Date of judgment:                  22.05.2024.

 

Judgment

 

Shamsuddin Abbasi, J-. This criminal appeal is directed against the impugned judgment dated 26.03.2024, passed by learned 1^st Additional Sessions Judge/ Special Judge for CNS Shikarpur, in special case No. 570 of 2022, arisen out of F.I.R No. 118 of 2022, registered with Police Station  Stuart Ganj Shikarpur for offence under Section 9 (c) Control of Narcotic Substances Act, 1997, whereby the appellant was convicted for offence under Section 9 (d) of Control of Narcotic Substances (Amendment) Act 2022, and sentenced him for the imprisonment for the period he already remained inside prison [sentence treated as undergone] with fine of Rs.800,000/- and in case of failure to pay fine to undergo S.I for ten years.

 

            2.         At very outset learned Addl. P.G. pointed that F.I.R of instant case was registered on 28.09.2022, after enactment of amendment 2022 in Control of Narcotic Substances Act, 1997, and learned trial Court wrongly convicted and sentences the appellant for the imprisonment for a period he already remained inside prison [sentence treated as undergone] with fine of Rs.800,000/- and in case of failure to pay fine to undergo S.I for ten years, therefore, this case may be remanded back to learned trial Court for re-writing the judgment.

 

            3.         On other hand learned counsel for appellant concedes to above position and recorded no objection for remand of the case to learned trial Court for re-writing the judgment.

 

            4.         Heard learned counsel for the respective parties and perused the record, made available before me.

 

            5.         It is matter of record that F.I.R of this case was registered on 28.09.2022, after the amendment made in Control of Narcotic Substances Act, 1997 on 06.09.2022. It appears from the record that 5200 grams of charas was recovered from possession of appellant on 28.9.2022 and as per provisions of Control of Narcotic Substances (Amendment) Act, 2022, the punishment provided for recovery of 5000 grams to 9999 grams is twenty years but shall not be less than fourteen years along with fine which may be upto eight hundred thousand rupees but not less than four hundred thousand rupees.   

 

            6.         Prima-facie it is obvious that sentence awarded to appellant by the learned trial Court is not in consonance with the provisions of Control of Narcotic Substances (Amendment) Act, 2022, therefore, the impugned judgment dated 26.03.2024 passed by learned trial Court is hereby set aside and case is remanded back to trial Court for re-writing the judgment in accordance with law in view of the amendment 2022 made in Control of Narcotic Substances Act, 1997. The appeal stands disposed of in above terms.

 

 

                                                                                                Judge

Judge

 

Ansari