JUDGMENT SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

Cr. Appeal No.D-206 of 2006.

DATE                             ORDER WITH SIGNATURE OF JUDGE

Present: Mr. Justice Syed Sajjad Ali Shah J

Mr. Justice Muhammad Ali Mazhar J;

For regular hearing.

Date of hearing:   07.04.2011.

Date of decision    07.04.2011.

Appellant:             Allauddin s/o Sher Muhammad

Respondent                   The State

Appellant produced in custody.

                   Malik Aminullah Kakar Advocate for the appellant.

                   Syed Meeral Shah, D.P.G for the State.

                                      =

SYED SAJJAD ALI SHAH J:   The appellant upon having been found in possession of 20 K.G charas was convicted u/s 9-C of Control of Narcotics Substances Act, 1997 by the learned Special Judge CNS/Sessions Judge Badin and was sentenced to suffer R.I. for life and to pay fine in the sum of Rs.500,000/-.

It appears that this appeal was earlier heard by a bench of this court who had dismissed the appeal but before the reasons could be reduced in writing due to emergency,  imposed in the country, the Judges on the bench were deposed and therefore, could not write the Judgment. Ultimately in the apex court in Cr. Appeal No.250/2009 has remanded this case for decision in accordance with law.

The counsel for the appellant at the very outset has contended that though the appellant has a very good case on merits but he could not press this appeal on merits in case this court while dismissing the appeal and maintaining the conviction reduce the sentence to one already undergone.

Learned Deputy Prosecutor General Sindh in view of some flaws in the case of prosecution, concede to the extent of reduction in sentence in case the appeal is dismissed.

The perusal of record reflects that 20 K.G charas in 20 bundles weighing one K.G each containing number of rods in each packet were recovered, however, only 10 grams from each packet was sent to the Chemical Examiner whereas per Judgment of the apex court in case of Muhammad Hashim Vs. The State (PLD 2004 SC 856) in  the similar circumstances, the apex court has held the accused liable to the extent of quantity sent to the Chemical Examiner, which in the instant case is only 200 grams and consequently the offence would fall u/s 9-b of C.N.S Act. However, since the learned counsel for the appellant is not pressing this appeal on merits and learned State Counsel has fairly conceded to reduction of sentence, therefore, we after examining the Jail roll found that the appellant has already suffer imprisonment for 13 years, 06 months and 17 days(including remissions). The appellant further is a young man and a first offender.

In the circumstances, we while dismissing this appeal and maintaining conviction reduce the sentence to one already undergone. As to payment of fine, same is reduced to Rs.5000/- and on account of non payment, the appellant shall undergo R.I. for seven days.

                                                                             JUDGE

                                                          JUDGE

A.K.