JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.D-11 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr.Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

For hearing of main case.

21.10.2021

                        Mr. Ahmed Bux Abro, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH, J- The appellant for being in possession of 3500 grams of heroin powder for an offence punishable under section 9(c) of the CNS Act, 1997, was convicted and sentenced to undergo R.I for six years with fine of Rs.30,000/- and in case of default in payment of fine, to undergo S.I for six months, by learned 1^st Additional Sessions Judge/MCTC, Jacobabad, vide judgment dated 01.02.2020, which is impugned by the appellant before this Court by preferring the instant jail 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.

3.         Learned Addl. P.G for the state has recorded no objection to said proposition by stating that the appellant has already undergone 01 year 11 months and 03 days of substantial sentence and besides this has also earned remission of 01 year 07 months and 26 days.

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

5.         It is the case of the prosecution that the appellant while traveling in a Wagon, was found in possession of 3500 grams of heroin powder, which is substantiated by the report of chemical examiner, such allegation the prosecution has been able to prove by examining complainant Excise Inspector Gul Muhammad Bhutto and PW/Mashir E.C Jiand Khan, they were having no enmity with the appellant to have involved him in this case falsely by making foistation of such heroin powder upon him. In these circumstances, learned trial Court was right to conclude that the prosecution has been able to prove its case against the appellant beyond shadow of doubt.

6.         However, the conviction and setnence 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 27 years of the age, having no criminal record and is said to be the sole bread earner of his entire 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.

7.         The instant Jail Appeal is disposed of accordingly. 

JUDGE

                                                JUDGE