ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Crl. Jail Appeal No.354 of 2010

Crl. Jail Appeal No.282 of 2010

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Date                             Order .with signature of Judge

For Regular Hearing

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27.06.2011

Appellant Asif Masih produced in custody

Mr. Hussain Hussain Bux Baloch, Special Prosecutor ANF

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            The Appellant upon recovery of 5 Kgs Charras was tried by the Special Court-1 (Control of Narcotic Substances) Karachi and upon his confession, was convicted under Section 6/9-C of Control of Narcotic Substances and was sentenced to undergo R.I. for Seven years. Through this appeal the Appellant has not challenged his conviction but has urged that the sentence is at higher side and therefore the same may be reduced accordingly.

            Learned Special Prosecutor for ANF opposes the request on the ground that the trial Court has already taken a lenient view and since appeal is based on confession, therefore, is barred.

            We have heard the Appellant in person and learned Special Prosecutor for ANF and perused the record.

            Since the Appellant has not challenged the conviction therefore, the argument of the learned Prosecutor for ANF that the appeal is barred does not find favour with us. As to the quantum of sentence, we are guided by the Judgment of the Apex Court in the case of Niazuddin Vs. the State (2007 SCMR 206) where the Hon’ble Supreme Court upon recovery of 05 Kgs of heroin, reduced the sentence from 10 years to 6 years. Taking guidance from the said Judgment in our opinion the conviction is at a higher side. Even otherwise, the Appellant being first offender repents and undertakes not to repeat such act. Needless to observe that the effect of heroin is much more devastating than the Charras and if the sentence upon recovery of 5 Kgs heroin is reduced from 10 years to 6 years, in our opinion the appropriate sentence is 5 years.

            In the circumstances, we while maintain the conviction, reduce the sentence from 7 years to 5 years and the amount of fine is also reduced from Rs.50,000/- to Rs.5,000/- and in case of non payment the Appellant would suffer S.I. for 30 days.

            Both the Jail Appeals are disposed in the above terms.

JUDGE

JUDGE

Amj.