HIGH COURT OF SINDH AT KARACHI

Criminal Jail Appeal No.478 of 2010

Present:     Mr. Justice Naimatullah Phulpoto

        Mr. Justice Rasheed Ahmed Soomro

 

Appellant:                       Salman son of Saidullah Khan

 

Respondent:                   The State through Ms. Firdous Faridi, Special Prosecutor Customs.

                                     

Date of Hearing    :         11.08.2017

Date of Judgment    :      11.08.2017                                                                     

 

JUDGMENT

 

          Appellant Salman son of Saidullah Khan was tried by learned Judge, Special Court-II, (CNS) Karachi in Special Case No.261 of 2010. Appellant Salman pleaded guilty and was convicted under section 9(b) of the Control of Narcotic Substances Act, 1997 and sentenced to three (3) years R.I. and to pay a fine of Rs.20,000/-. In case of default in payment of fine, he was ordered to suffer S.I. for 10 days. Accused was extended benefit of section 382-B, Cr.PC.

 

2.       Appellant preferred criminal jail appeal on 14.10.2010 through Superintendent, Central Prison, Karachi, the same was admitted for regular hearing on 12.11.2010. During pendency of the appeal jail roll dated 05.08.2017 was called for from the Senior Superintendent, Central Prison, Karachi. It is reported by him that appellant Salman son of Saidullah Khan convicted in Special Case No.261/2010, F.I.R. No.31/2010, registered at P.S. Customs, under section 9(b) of the Control of Narcotic Substances Act, 1997 was admitted in the Prison on 10.07.2010. Appellant has been released from the Prison on 18.06.2012 on expiry of sentence on remission system. Thereafter, notice was issued to appellant Salman for his appearance before the Court on 11.08.2017 but he failed to appear. Notice was issued to the counsel for the appellant as well as Special Prosecutor Customs but only Special Prosecutor Customs appeared. It is clear from the record that appellant is no more interested to contest his appeal, else he would have appeared. His counsel has also chosen to remain absent.

 

3.       We have perused the judgment dated 28.09.2010 passed by the trial Court. It appears that accused Salman had pleaded guilty to the charge. Trial court had rightly convicted and sentenced him on pleading guilty and took the lenient view keeping in view the young age of the accused. In these circumstances, we find no reason to interfere in impugned judgment of the trial court. Conviction and sentence recorded by the trial court vide judgment dated 28.09.2010 are maintained. Appellant has already been released after undergoing the sentence, as such, the appeal is dismissed.

 

 

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Gulsher/PS