ORDER SHEET
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Date Order with signature of Judge
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Date of hearing : 19.12.2007.
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Mr. Abdul Razzak, Advocate for the Appellant.
Mr. Syed Ashfaq Rizvi learned Special Prosecutor, ANF.
YASMIN ABBASEY, J: This second appeal has been preferred by appellant Micheal Okwudile against conviction in crime No.39/2006 under section 9/B of Control of Narcotic Substance Act, 1997.
Before proceeding with the present appeal, it would be proper to refer the order passed on 02.08.2007 in the earlier Criminal Jail Appeal No.185/2007 by this very appellant against this very judgment of Special Judge-I, (CNS) Karachi dated 19.04.2007.
After considering material available on record it was observed by the bench in Criminal Jail Appeal No.185/2007 that the learned Trial Court had already taken a lenient view and no further leniency could be shown in the crime where the heroin is recovered. However, being a foreign national, fine amount was reduced from Rs.100,000/- to Rs.50,000/- and in default thereof to suffer three months S.I. instead of six months.
After disposal of appeal again this second appeal on same grounds apparently is not maintainable as all the ground taken were considered while passing the judgment. Anyhow, even if appellant is aggrieved by the order of this court passed on 02.08.2007 proper course for him is to challenge the same instead of filing another appeal on the same ground before the same Court. With the above observations, appeal having no merits is hereby dismissed in limini.
Karachi,
Dated: J U D G E