ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Appeal No.287 of 2011

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Date Order with signature(s) of Judge(s)

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For regular hearing

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07.02.2013

Mr. Nazeer Ahmad Bhatti, Advocate for Appellant

Mr. Dilawar Hussain, Standing Counsel.

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Upon recovery of 20 kilograms charas, the appellant was tried by the Special Court (Narcotics), Dadu for an offence under section 9(c) Control of Narcotics Substance Act, 1997, and was convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.500,000/-.

It appears that in 2007 after the demise of Mohtarma Benazir Bhutto the records of various Courts were burnt, including R and P of the instant case as informed by the District Judge Dadu vide his letter No.2163/2009 dated 13.03.2009 and consequently the record is not available except the photocopies of evidence filed by the counsel for the appellant. Notwithstanding the counsel for the appellant at the very outset has contended that in case this Court maintains the conviction and reduces the sentence to one already undergone he would not press the instant petition.

The record reflects that the appellant has served out sentence of 18 years, 08 months and 04 days, including remissions. Learned standing counsel has no objection to the proposal and submits that in case the conviction is maintained and the sentence is reduced he has no objection.

A perusal of the judgment reflects that though the recovery was 20 slabs of charas weighing one kilogram each but the sample of only 10 grams was drawn and sent for chemical examination and consequently we find that the sentence for an offence under section 9(c) Control of Narcotics Substance Act, 1997, in view of the judgment of the apex Court in the case of Muhammad Hashim versus the State (PLD 2004 SC 856) could not sustain.

Since the counsel for the appellant has himself requested for sentence already undergone, therefore, we, while dismissing this appeal and maintaining the conviction, reduced the sentence to one already undergone. The appellant should be released forthwith if not required in any other case.

JUDGE

JUDGE

Gulsher/PA