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-40 OF 2009.

Irfan Khan.       .           .           .           .           .           .           .           .Appellant.

                                    Versus.

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

Appellant:                                                                    Through Mr. Zakir Hussain Bhugio, Advocate.

Respondent the State:                                                Through Mr. Muhammad Iqbal Kalhoro, Additional Prosecutor General.

Date of hearing:                                              07.04.2011

Date of decision:                                             07.04.2011

J U D G M E N T.

SAJJAD ALI SHAH,J:- The Appellant upon being found guilty of possessing 10 Kilo and 80 grams of Charas was convicted U/s 9(c) of Control of Narcotic Substances Act, 1997, and sentenced to suffer life imprisonment and to pay fine of Rs.200,000/- by the Special Judge, CNS, Jamshoro in Special Case No.23 of 2007, which judgment has been impugned through instant appeal.

            Counsel for the Appellant has argued out the appeal at length and has contended that 09 bundles containing Charas rods weighing 1200 grams each, were allegedly recovered from the Appellant and 10 grams of Charas from each bundle was sent to the Chemical Examiner and sought concession in terms of judgment of the Apex Court in the case of  Muhammad Hashim v. State (P L D 2004 S.C. 856).

            Counsel has further pointed out number of contradictions regarding weight, packing, sealing etc. and in the end has contended that if this Court while maintaining the conviction, reduce the sentence he would not press the appeal.

            On the other hand, Mr. Muhammad Iqbal Kalhoro, learned Additional Prosecutor General contends that in cases of like nature the approach of the Court as held by the Apex Court, should be dynamic and the minor contradictions in such like cases are to be ignored. Notwithstanding he gives his no objection for the reduction of the sentence as the Appellant was a young boy of 19 years when he was arrested and learnt his lesson.

            Keeping in view the ocular facts and circumstances we while dismissing the appeal and maintaining the conviction reduce the sentence from life imprisonment to 12 years and also reduce the fine from Rs.200,000/- to Rs.5000/-. In case of non-payment of fine the Appellant shall undergo S.I. for 07 days more.

JUDGE

                                    JUDGE