IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Jail Appeal No.D-08  of   2008.

PRESENT

Mr. Justice Ali Saindino Metlo,

Mr. Justice Syed Shafqat Ali Shah Masoomi,

Appellant    :  TAZA GUL THROUGH Mr. ABDUL BAQI JAN KAKAR,

ADVOCATE.

Respondent :  THE STATE THROUGH Mr. MUHAMMAD AKRAM SHAIKH,

STATE COUNSEL.

Date of hearing :  14.4.2009.            Date of Judgment : 14.4.2009.

J U D G M E N T.

ALI SAINDINO METLO, J.-       Finding him guilty of possessing 2.5 kilograms of charas, the Sessions cum Special Judge for the Control of Narcotic Substances, Jacobabad, by his judgment dated 28.2.2005, sentenced the appellant to undergo imprisonment for ten years and pay fine of Rs.100,000/- and in default of payment of fine to undergo rigorous imprisonment for one year more.

                   Briefly, the facts are that on 23.1.2004, at about 9.00 p.m., at Dera More, Excise Inspector Javed Akhtar Baloch intercepted a bus bearing registration No.C-2143/Kohat, coming from Peshawar side and recovered 2.5 kilograms of charas from the possession of the appellant travelling in the bus. 

                   The trial Court, on the basis of evidence of Excise Inspector Javed Akhtar Baloch and Excise Constable Mir Jiand, found the appellant guilty and sentenced him as above. 

                   Learned Counsel for the appellant, after making some arguments, doesn’t press the appeal against conviction and prays for reducing the sentence.  Relying upon the precedent of Niazuddin v. The State reported in 2007 SCMR 206, he seeks reduction in the sentence to the imprisonment which the appellant has already undergone.

                   In Niazuddin’s case, the Supreme Court was pleased to reduce the sentence of imprisonment for ten years awarded for possessing five kilograms of heroin to imprisonment for six years.

                   There is lot of difference between charas and heroin with reference to their injurious effect on health and monetary benefit to the persons trafficking in the business.  The injurious effect on the health of users of heroin and the monetary benefit gained by the persons involved in its business are much more than that of charas.

                   According to the jail roll of the appellant, he has remained in custody for more than five years and has additionally earned remissions of more than two and half years.  In our opinion, he has suffered adequate punishment and ends of justice have been satisfied.  Accordingly, the appeal against conviction is dismissed as not pressed and the sentence awarded to the appellant is altered to the imprisonment which he has already undergone.  He may be released immediately.

                                                                                                JUDGE

                                                                   JUDGE

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