IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Jail Appeal No.620 of 2023

Present: Mr. Justice Omar Sial

Mr. Justice Shamsuddin Abbasi

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Appellant: Muhammad Hanif son of Shafi Muhammad through Mr. Habib-ur-Rehman Jiskani, advocate

Respondent: State through Habib Ahmed, Special Prosecutor ANF

Date of hearing: 13.04.2026

Date of Judgment: 13.04.2026

J U D G M E N T

SHAMSUDDIN ABBASI, J. --- Appellant Muhammad Hanif was tried by learned Special Court-II (CNS), Karachi in Special Case No.79 of 2016, arising out of FIR No.06/2016, registered at P.S. ANF Clifton, Karachi for offence under Sections 6/9-C, of the Control of Narcotic Substances Act, 1997. After full-dressed trial, vide judgment dated 28.04.2023, the appellant was convicted and sentenced to life imprisonment with fine of Rs.500,000/-, in default whereof to undergo imprisonment for five years more. Benefit of section 382-B Cr.PC was extended to the appellant.

2. Brief facts of the prosecution case are that on 16.02.2016 at about 0130 hours applicant/accused was arrested by ANF officials from Oil Tanker No.TAA-544 and recovered 200 sacks of yellow colour from the secret cavity of in cabin of the said vehicle, containing 20 multicolour of foil packets, total 4000 multicolour foil packets double slabs of charas, each weighing 1 Kg, hence the subject FIR.

3. At the very outset, learned counsel for appellant does not press the instant appeal on merits and requests that the fine amount may be converted/reduced from Rs.500,000/- to Rs.100,000/- and in default of payment imprisonment may be reduced from 5 years to six months on the ground that the appellant is sole bread earner of his family, he is first offender and requests that lenient view may be taken. 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. Appellant was found guilty of offence under Sections 9(c) of the Control of Narcotic Substances (Amendment) Act, 2022 on account of recovery of 4000 Kg. charas. Perusal of record reveals that samples were sent to chemical lab at relevant time and all the samples were declared as charas. It is matter of record that the prosecution witnesses were subjected to 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 28.04.2023 requires no interference by this Court. Resultantly the 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 appellant did not press this appeal on merits and only requests for reduction of fine amount from Rs.500,000/- to Rs.100,000/- and in case of default of payment of fine his imprisonment period may be reduced from 5 years to 1 year. It is submitted that the appellant is young man and sole supporter of his parents and family. It is also submitted that appellant is not previously convicted and he intends to mend his ways. As per jail roll Jail dated 07.10.2025, the appellant has served out sentence, including remission upto 23 Years 11 months and 25 days, therefore, in these peculiar circumstances, a case for reduction of fine amount of the appellant is made out.

7. For the above stated reasons, appeal is dismissed on merits and the conviction and sentence awarded to the appellant by learned trail Court is maintained. So far as the fine amount is concerned, the same is reduced from Rs.500,000/- to Rs.100,000/- and in case of default in payment of fine, the appellant shall suffer S.I for 06 months more instead of imprisonment for 05 years. Benefit of Section 382-B, Cr.PC is also extended to the appellant.

8. Subject to above modification in sentence, captioned appeal is disposed of in the above terms.

J U D G E

Gulsher/PS