IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No.508 of 2024

Criminal Jail Appeal No.515 of 2024

Present: Mr. Justice Omar Sial

Mr. Justice Shamsuddin Abbasi

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Appellants: Gul Muhammad, Shoaib and Ahsan Ali through Mr. Muhammad Immad Qamar, advocate in Criminal Appeal No.508/2024

Ghulam Ali Azad in Cr. Jail Appeal No.5154/2024 through Mr. Muhammad Immad Qamar, advocate

Respondent: The State through Mr. Muhammad Iqbal Awan, Additional Prosecutor General Sindh

Date of hearing: 25.03.2026

Date of Judgment: 15.04.2026

J U D G M E N T

SHAMSUDDIN ABBASI, J. --- Appellants Gul Muhammad, Shoaib, Ahsan Ali and Ghulam Ali Azad were tried by learned Additional District and Sessions Judge-I/MCTC, Karachi East in Sessions Case No.610/2024 under Section 9(2)(6), of the Control of Narcotic Substances (Amendment) Act, 2022. After full-dressed trial, appellants were convicted and sentenced to R.I for 7 years with fine of Rs.500,000/-, in default whereof to undergo SI for one year more. Benefit of section 382-B Cr.PC was extended to the appellants

2. Brief facts of the prosecution case are that on 12.12.2023 at about 0100 hours, appellants were apprehended by SIP Rasheed Ahmed of P.S. SIU, Karachi and from their possession, he recovered shoppers from each of accused, containing 1025 grams Ice, hence the subject FIR.

3. At the very outset, learned counsel for appellants does not press the captioned appeals on merits and requests that the conviction and sentence recorded against the appellants may be converted into the minimum sentence provided in law on humanitarian grounds. Learned Additional Prosecutor General Sindh does not oppose such proposal.

4. Heard the learned counsel for the parties and perused the material available on record.

5. Appellants were found guilty of offence under Sections 9(2)(6) of the Control of Narcotic Substances (Amendment) Act, 2022 on account of recovery of 1025 grams methamphetamine (Ice). Perusal of chemical report reveals that gross weight of each parcel was 1025 grams along with wrapped plastic shopper and tags but net weight of methamphetamine (Ice) was 994 grams of each packed. As per Table-I of the CNS Amendment Act, 2022, upon recovery of more than 600 grams and upto one kilo grams methamphetamine (Ice) punishment provided is upto three years but shall not be less than one years along with fine, which may be upto one hundred thousand rupees. It is matter of record that the prosecution witnesses were subjected to the lengthy cross-examination but nothing favourable to accused except minor discrepancies could be sucked. In these circumstances, we have no hesitation to hold that trial Court has rightly appreciated the evidence according to settled principles of law as such conviction and sentence recorded by the trial Court vide judgment dated 06.07.2024 requires no interference by this Court. Resultantly conviction is maintained.

6. As regards to the quantum of sentence is concerned, in the case of State through Deputy Director (Law), Regional Directorate, Anti-Narcotics Force vs. Mujahid Naseem Lodhi (PLD 2017 SC 671), in the matter of sentence, the Hon’ble Supreme Court has observed that "in a particular case carrying some special features relevant to the matter of sentence a Court may depart from the norms and standards prescribed above but in all such cases the Court concerned shall be obliged to record its reasons for such departure." In the present case, learned counsel for the appellants did not press these appeals on merits. It is submitted that the appellants are young men and are sole supporters of their old parents and families. It is also submitted that appellants are not previously convicted and they intend to mend their ways. As per jail roll Jail roll, the appellants have served out sentence, excluding remissions upto 16.03.2026, about 2 years and 3 months, therefore, in these peculiar circumstances, a case for reduction of the sentence of the appellants is made out.

7. For the above stated reasons, appeals are dismissed on merits, however, sentence of the appellants is reduced from 7 years R.I to the period, which the appellants have already undergone and fine is also reduced from Rs.500,000/- to Rs.50,000/- (Rupees fifty thousand) each and in case of default in payment of fine, the appellants shall suffer S.I for 02 months more instead of S.I for 01 year. Benefit of Section 382-B, Cr.PC is also extended to the appellants.

8. Subject to above modification in sentence, captioned appeals are disposed of in the above terms.

J U D G E

Gulsher/PS