THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No. 380 of 2021

Before:

Mr. Justice Mohammad Karim Khan Agha

Mr. Justice Irshad Ali Shah

Appellant: Sabir through Mr. Waseem Gul advocate

Respondent: The State through Mr. Abrar Ali Khichi Additional Prosecutor General Sindh

Date of hearing: 13.10.2021

Date of announcement: 15.10.2021

J U D G M E N T

IRSHAD ALI SHAH, J- The appellant for being in possession of 110 grams of heroin powder for an offence punishable under section 9(b) of the CNS Act, 1997 was convicted and sentenced to undergo R.I for one year and four months with fine of Rs.11,000/- and in case of default in payment of fine, to undergo S.I for four months, by learned Special (CNS)/ Sessions Judge, Karachi South vide judgment dated 08.06.2021, which is impugned by the appellant before this Court by preferring the instant appeal.

2. At the very outset, it is stated by learned counsel for the appellant, under instructions, he would not press disposal of instant appeal on merits, if the conviction and sentence awarded to the appellant is reduced to one which he has already undergone which is spreading over six months.

3. Learned Addl. P.G for the state has recorded no objection to said proposition based on the particular facts and special mitigating circumstances of the case.

4. We have considered the above arguments and have perused the record.

5. It is the case of the prosecution that on arrest from the appellant was secured 110 grams of heroin powder by ASI Munawar Ali. He in that respect is supported by P.W mashir PC Raja Tariq Bashir. On investigation, the appellant was challaned by I.O SIP Shabbir Ahmed to face trial for the above said offence. The complainant and his witnesses were having no enmity with the appellant to have involved him in this case falsely by making foistation of heroin powder upon him. All the witnesses have corroborated each other on all material respects of the case with regard to the arrest of the appellant and recovery of heroin powder made from him, on the spot which lead to a positive chemical report after proof of safe custody of the narcotics substance so recovered. In these circumstances, learned trial Court was right to conclude that the prosecution has proved its case against the appellant beyond shadow of doubt.

6. However, the sentence awarded to the appellant needs to be modified with lenient action for the reasons that it has come on record the appellant is young man of 24 years of the age, he is having no criminal record and he is said to be only sole bread earner of his family, thus is capable of reformation. By accepting his guilt he has also shown his genuine remorse probably. By considering these factors as special mitigating circumstances/ features, we hereby modify the conviction and sentence awarded to the appellant with one which he has already undergone which includes imprisonment on account of his failure to make payment of fine. The appellant shall be released forthwith in the present case, if not required to be detained in any other custody.

7. The instant Appeal is disposed of accordingly.

JUDGE

JUDGE