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. JAIL APPEAL NO.D-464 OF 2010

Kareem Bux & another.            .           .           .           .           .           .Appellants.

Versus

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

Appellants:                                                                   Through Mr.  Hussain Bux Solangi, Advocate.

Respondent the State:                                                   Through Mr. Amjad Ali Sahito, Special Public Prosecutor.

Date of hearing:                                    14.04.2011.

Date of judgment:                                 14.04.2011.                                                                                       

J U D G M E N T.

SAJJAD ALI SHAH, J: - Appellants Kareem Bux and Azizullah upon being found guilty of possessing 02 kilo grams and 3.160 kilo grams of Charas respectively were tried by the Special Judge, Jamshoro @ Kotri and convicted under section 9(c) of Control of Narcotic Substances Act, 1997 and sentenced them to undergo rigorous imprisonment for 07 years each and to pay fine of Rs.100,000/- each and in case of non-payment of fine to further undergo imprisonment for 06 months more.

            Counsel for the appellants, at the very outset, has stated that appellants do not wish to contest this appeal and leave themselves at the mercy of the Court. He states that if this Court while maintaining the conviction reduces the sentence to one already undergone, he would not press this appeal.

            Learned counsel appearing for the ANF opposes the request and states that the trial Court has already taken a lenient view therefore, the appeal may be dismissed.

            We have heard the learned Counsel for the respective parties and have gone through the record.

            The Apex Court in the case of Niaz-ud-Din v. State (2007 S C M R 206) upon recovery of 05 kilograms of heroin had reduced the sentence of 10 years to 06 years and needless to mention that heroin is more dangerous has more devastating effect than the Charas. Keeping in view the dicta laid down by the Apex Court, the sentence awarded to the present Appellants appear to be at high side.

            The Jail Roll placed on record reflects that the appellants have already undergone 05 years, 06 months and 12 days including remission. The appellants being first offenders and of young age state that they have learnt the lesson. One of the appellants i.e. Kareem Bux states that he was married a week before his arrest. His wife is also present and states that he has learnt lesson.

            In the facts and circumstances, we are of the opinion that the appellants even otherwise deserve leniency and we while dismissing this appeal and maintaining the conviction, reduce the sentence to one already undergone and further reduce the amount of fine to the extent of Rs.1000/-each. In case of nonpayment of fine, the Appellants shall undergo S.I. for 07 days more.

JUDGE

                                                                                    JUDGE

A.C