JUDGMENT SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

Present:

1. Mr. Justice Sajjad Ali Shah.

                              2. Mr. Justice Muhammad Ali Mazhar.

CR. APPEAL NO.D-198 OF 2006.

Gul Badeen.     .           .           .           .           .           .           .           . Appellant.

                                    Versus.

The State.         .           .           .           .           .           .           .           .Respondent.

Appellant:                                                                     Through Mr. Noorul Haq Qureshi, Advocate.

Respondent the State:                                                   Through Mr. Shahid A. Shaikh, A.P.G.

Date of hearing:                                                07.04.2001.

Date of judgment:                                             07.04.2011.                                                                           

J U D G M E N T.

SAJJAD ALI SHAH,J:- The Appellant upon being found guilty of possessing 20 kilograms of Charas was convicted under section 9(c) of Control of Narcotic Substances Act, 1997 by the Special Judge, CNS, Hyderabad, in Special Case No.31 of 2005 and was sentenced to suffer life imprisonment and to pay fine of Rs.100,0000/- and on non-payment of fine to suffer rigorous imprisonment for 06 months more.

            Mr. Noorul Haq Qureshi, learned Counsel for the Appellant has contended that though the Appellant has very good case on merit, but he would not agitate the appeal in case this Court while maintaining the conviction reduce the sentence to one already undergone. Counsel has referred to the recent jail-roll, which reflects that the Appellant has already undergone imprisonment for a period of 15 years and 06 months.

            Learned A.P.G. also acknowledges that the Appellant has a good case on merit and therefore concedes to the extent of reduction of sentence.

            We have heard the learned Counsel for the respective parties and have perused the record. It appears that 20 bundles containing number of rods of Charas weighing 01 kilogram each were recovered from the Appellant and a meager quantity of 10 grams after collecting it from all the bundles was sent to the Chemical Examiner. In our opinion case of the Appellant would squarely fall within the dicta as laid down by the Apex Court in the case of Muhammad Hashim v. State (P L D 2004 SC 856).

            In the circumstances, we while dismissing the appeal maintain the conviction and reduce the sentence to one already undergone. We further reduce the fine from Rs.100,0000/- to Rs.5000/-. In case of non-payment the Appellant shall undergo S.I. for 07 days more.

                                                                                                            JUDGE

                                                                               JUDGE