ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Appeal No.D-119 of 2010

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

20.11.2014.

For Regular Hearing.

Mr. Habibullah G. Ghouri, advocate for the appellant, who is present on bail.

Mr. Imtiaz Ali Jalbani, Asst. Prosecutor General.

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ABDUL MAALIK GADDI, J.- Through this criminal appeal, the appellant has assailed the legality and propriety of judgment dated 27.9.2010 passed by the learned Special Judge for C.N.S., Larkana in Special Narcotics Case No.59/2009, re State Vs. Ibraheem Jatoi, for offence punishable under Section 9(c) of the Control of Narcotic Substances Act, 1997 in crime No.27/2009, registered at Police Station Dokri, for recovery of 03 kilograms of charas. The appellant was tried and found guilty, therefore, he was convicted and sentenced through the impugned judgment to undergo R.I. for 03 years and to pay fine of Rs.50,000/- and in case of default in payment of fine he shall undergo simple imprisonment for five months more. Benefit of Section 382-B, Cr.P.C was also extended to the appellant.

2. Learned Counsel for the appellant submits that though on merits the appellant has a good prima facie case for acquittal, but the learned trial Court while passing the impugned judgment did not consider the evidence as well as the defence as put forth by the appellant. However, without arguing the appeal on merits, learned Counsel prayed that he would not press the appeal against conviction if the sentence awarded to the appellant is reduced to the period which he has already undergone. Learned Counsel placed reliance upon the precedents of Ghulam Murtaza V. The State, reported in PLD 2009 Lahore 362, Ameer Zeb v. The State, reported in PLD 2012 SC 380.

3. Learned Assistant Prosecutor General conceded to the request made by learned Counsel for the appellant for reduction of sentence to the one already undergone by the appellant.

4. We have perused the record including the jail roll of the appellant. According to Mr. Habibullah G. Ghouri, learned Counsel for the appellant, the total period, which the appellant has remained in jail, is about 9½ months, as during the trial proceedings he was in jail for almost 06 ½ months and he was remanded to jail by the trial Court at the time of passing the impugned judgment on 27.9.2010. After that, the sentence of the appellant was suspended by this Court during pendency of instant appeal and he was released from jail on 21.10.2010. Moreover, in the case of Ghulam Murtaza (supra) relied upon by the learned Counsel for the appellant, the Lahore High Court has provided a complete chart/formula of punishment vis-à-vis quantity of narcotic material and that judgment has been approved by the Hon’ble Supreme Court of Pakistan in the case of Ameer Zeb (supra). Record reveals that out of total 3000 grams of charas allegedly recovered from the appellant, 500 grams were sent for chemical examination and if the formula of punishment provided in the case of Ghulam Murtaza (supra) is followed/applied, which has been duly approved by the Hon’ble Supreme Court in the case of Ameer Zeb (supra), the maximum sentence to be attracted against the appellant would be R.I. for one year and six months and fine of Rs.11,000/= or in default thereof S.I. for 04 months more.

5. In our opinion, the appellant has already suffered adequate punishment. Accordingly, in the light of judgment of the Lahore High Court in the case of Ghulam Murtaza (supra) and the judgment of the Hon’ble Supreme Court in the case of Ameer Zeb (supra), while maintaining the conviction awarded by the trial Court in the instant case, the sentence awarded to the appellant is altered to the imprisonment which he has already undergone. However, the fine of Rs.50,000/- (Rupees Fifty Thousand) is reduced to Rs.11,000/- (Rupees Eleven Thousand), which shall be deposited by the appellant within a period of one month. In case of his failure to deposit the fine amount within the stipulated period, the same shall be recovered from him by the trial Court as arrears of land revenue. The appellant is present on bail. His bail bonds stand cancelled and surety, discharged.

6. With the above modification in the sentence, this appeal stands dismissed.

Sd/- JUDGE