IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Special Narcotics Criminal Appeal No. D- 64 of 2023

Appellants:                                Ali Sher son of Lal Khan Jatoi, through Mr. Rashid Ali Tunio, Appellant. 

The State:                                 Through Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh

Date of hearing:                         20-02-2025

Date of order:                            20-02-2025

O R D E R

OMAR SIAL, J:-   Before beginning his arguments, the learned counsel for the appellant submitted that he would not argue his appeal on merits but requested that the sentence already undergone by the appellant be treated as his final sentence.

2.       The appellant, Ali Sher, was convicted on 06.09.2023 by the learned 1^st Additional Sessions Judge, Shikarpur, of committing an offense under section 9(c) of the Control of Narcotic Substances Act, 1997. He was sentenced to 14 years and a fine of Rs. 400,000. He would remain in prison for six months if he did not pay the fine.

3.       A jail roll was called that shows the applicant has been in custody for three years and four months and has been given seven years and seven months as remissions. He has served nearly twelve years of his sentence. The learned Additional Prosecutor General submitted that he would not have any objection if the punishment awarded to the appellant is reduced to the time he has already spent in jail.

4.       It is pertinent to note that the Control of Narcotic Substances Act, 1997, was amended by the Control of Narcotic Substances (Amendment) Act 2022 (XX of 2022). The amendment came into effect on 06.09.2022. Section 6 of the Amendment Act replaced the quantum of sentences specified in section 9 of the original Act of 1997. After the amendment, the sentence for being in possession of 5 kilograms of charas was stipulated to be a minimum of fourteen years. As the appellant has undergone less than fourteen years, no concession could be given to him. We, however, observe that the F.I.R. from which this case arises was registered on 14.09.2021, i.e., before the CNS Act was amended.           The unamended Act stipulated that possessing 5 kilograms of charas would entail a sentence of death or life or imprisonment “that may extend to fourteen years”.  Learned Additional Prosecutor General conceded that the Amendment Act was not given a retrospective effect and, therefore, the appellant should have been sentenced in terms of the law applicable when the crime was committed. The law, then applicable, makes it possible for a concession to be given to the appellant.

5.       The jail authorities have reported that the appellant’s conduct during confinement has been satisfactory. His counsel submits that he is genuinely repentant and wishes to spend the rest of his life as a law-abiding and productive member of society. He has saved time for this court by upfront requesting that he would not argue on merits. We believe the appellant should be allowed to attempt to reintegrate into society.

6.       Given the above and taking a lenient view, the sentence awarded to the appellant is reduced to ten years and a fine of Rs. Twenty-five thousand. If he does not pay the fine, he must remain in prison for one month. The convict will receive the benefit of section 382-B. He may be released upon the conclusion of his sentence.

                                                                                             JUDGE

                                                                    JUDGE

S.Ashfaq/-