JUDGMENT SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD.

Criminal Appeal No.D-39 of 2011

Present:

Mr. Justice Sajjad Ali Shah.

Mr. Justice Muhammad Ali Mazhar.

Date of hearing:                                                28-04-2011.

Date of decision:                                               28-04-2011.

Appellant:                                                         None present.

Respondent:                                                     The State through

                                                                        Mr. Shahid Ahmed Shaikh, A.P.G Sindh.

J U D G M E N T

SAJJAD ALI SHAH, J. -      Upon being find guilty of possessing 360 grams of charas, the Appellant was convicted for an offence under section 9 (b) of C.N.S. Act, 1997 and was sentenced to suffer R.I. for three years and fine of Rs.10,000/- and on non-payment of fine, he further had to undergo S.I. for six months.

            Appellant present in person, at the very outset, prays for mercy and says that he does not want to press this Appeal but his sentence may be reduced to one already undergone. He states that he has learnt his lesson and has repented and promised to live a decent life.

            Learned A.P.G. Sindh has no objection for reduction of sentence in case the Appeal is dismissed and the conviction is maintained.

            The Appellant appears to be a young man of 25 years and out of his three young kids, one has expired during his imprisonment. He has further remained behind the bars for almost 14 months (including remissions). Since the Appellant is a young man and father of three small children, one of them has died during his incarceration and he has further repented therefore, we while dismissing his Appeal reduce his sentence to one already undergone. As to fine, the same is reduced to Rs.500/- (Five hundred only) and in case of non-payment of fine, he would undergo S.I. for three days.

                         JUDGE

                                      JUDGE

A.C