IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Spl Crl. Jail Appeal No.D-154 of 2017

Date	Order with signature of Judge

For hearing of main case.

Date of hearing 13-08-2024

Date of Judgment. 13-08-2024

Mr. Imdad Ali Malik , Advocate for appellant.

Syed Sardar Ali Shah, Addl. P.G, Sindh for the State.

J U D G M E N T

MEHMOOD A. KHAN, J; Through this Special Crl. Jail Appeal, the appellants Hakeem Khan son of Fateh Muhammad Khan Khail Pathan and Syeed Akber son of Jafee-ul-Rehman Mal Khail Pathan have impugned the judgment dated 21-09-2017 passed by learned Special Judge for CNS, Naushehro Feroze in Special Case No.38/2013 (re.The State Vs. Hakeem Khan and others) for offence u/s 9-C of Control of Narcotics arising out of Crime No.03 of 2013 registered at Excise Police Station, Kandiaro, for recovery of 2400 Kilograms of Charas. The appellants were tried and found guilty therefore, they were sentenced through the impugned judgment to undergo R.I for ‘Life’ and to pay fine of Rs.100,000/- (One lac) each and in case of default in payment of fine they shall undergone simple imprisonment for one year more. Benefit of Section 382 Cr.P.C, was also extended to the appellants.

2. During pendency of appeal one of the appellant namely, Hakeem Khan Pathan has expired and proceedings against him were abated by this Court vide order dated 27.10.2022.

3. Learned counsel for appellant while taking us through the evidence wherein though we have observed that the mashirs/official who have taken the illicit drugs for chemical examination was not examined submits that though on merits the appellant has a good prima facie case for acquittal, but the learned trial Court while passing the impugned judgment did not consider the evidence as well as the de3fence as put forth by the appellant. However, without arguing the appeal on merits, learned counsel prayed that he would not press the appeal against conviction if the sentence awarded to the appellant is reduced to the period which he has already undergone.

4. Learned Additional Prosecutor General quite professionally conceded to the request made by learned counsel for the appellant for reduction of sentence to the one already undergone by the appellant.

5. We have perused the record including the Jail Roll of the appellant. According to the learned counsel for the appellant, the total period, which the appellant has remained in jail, is about 11 years.

6. In our opinion, the appellant has already suffered adequate punishment. Accordingly, in the light of Judgment of the Lahore High Court in the case of Ghulam Murtaza (supra) and the judgment of the Hon’ble Supreme Court in the case of Ameer Zeb (Supra), while maintaining the conviction awarded by the trial Court in the instant case, the sentence awarded to the appellant is altered to the imprisonment which he has already undergone. However, the fine of Rs.100,000/- (One lac) is reduced to 11,000/- (Rupees Eleven Thousand) each which shall be deposited by the appellant within a period of one month. In case of his failure to deposit the fine amount within the stipulated period, the same shall be recovered from him by the trial Court as arrears of land revenue or to undergo further simple imprisonment of one month. Appellant namely, Syeed Akber Pathan is confined in Jail, such intimation be sent to concerned Jail for compliance.

7. With above modification in the sentence, this Appeal stands dismissed.

J U D G E

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