JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.D-09 of 2019.

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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.

23.11.2021

                        Mr. Ahmed Wadho, Advocate for the appellant.

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

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IRSHAD ALI SHAH, J;- The facts in brief necessary for disposal of instant criminal jail appeal are that the appellant was found to be possession of 14 K.Gs of Charas by police party of P.S Saddar, Jacobabad, after due trial, he only to extent of 07 K.Gs of Charas was convicted and sentenced under section 9(c) of the CNS Act, 1997, to undergo R.I for 09 years and 06 months, with fine of Rs.45,000/- and in default whereof, to undergo S.I for 07 months and 15 days, with benefit of Section 382-B Cr.PC, by learned Sessions  Judge (CNSA), Jacobabad, vide judgment dated 07.03.2019, which is impugned by appellant before this Court by preferring the instant appeal from jail.

2.        At the very outset, it is stated by learned counsel for the appellant that, under instructions, he would not press the disposal of instant jail appeal on its 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 above said proposition.

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

5.        As per learned trial Court, out of 14 K.Gs of Charas, only 07 K.Gs of Charas has been subjected to chemical examination and to such extent, the prosecution has been able to prove its case against the appellant beyond shadow of doubt by examining complainant ASI Yar Muhammad, PW/Mashir PC Muhammad Jam and I.O/SIP Muhammad Rafique; they apparently were having no enmity with the appellant to have involved him in this case falsely by making foistation of such huge quantity of narcotics substance upon him.

6.        However, the conviction and sentence awarded to the appellant need to be modified with lenient action for the reasons that it has come on record that the appellant is young man of 40 years of the age, having no criminal record and is said to be the sole bread earner of his family, thus is capable of reformation. By not pressing disposal of his appeal on merits, apparently he has shown his genuine remorse. The appellant as per Jail Roll furnished on 23.11.2021, has already undergone 04 years, 11 months and 02 days of substantial sentence, besides this, he has also earned remission of 03 years, 00 months and 09 days, in that way he has undergone 07 years and 11 months of the imprisonment. The conviction and sentence awarded to the appellant thus is reduced to one which he has already undergone, which excludes imprisonment on account of his failure to make payment of fine.

7.        The instant Jail Appeal is disposed of accordingly. 

JUDGE

                                                                     JUDGE