IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Special Criminal Jail Appeal No.D-89 of 2021

                                                         Before;

                                                                     Mr. Justice Zafar Ahmed Rajput

                                                                     Mr. Justice Irshad Ali Shah

 

Appellant:                    Raja Sikandar s/o Saban bycaste Mahesar.

                                      (Now confined in Central Prison Sukkur)

Through Mr. Abdul Sattar Mahesar Advocate.

 

The State:                     Through Mr. Mohsin Ali Khan, Special Prosecutor ANF, Sukkur.

 

Date of hearing:                    12-01-2023.                  

Date of decision:                   12-01-2023.                  

JUDGMENT

 

IRSHAD ALI SHAH, J.  It is alleged that on arrest from the appellant was secured 2600 grams of charas by Police party of Anti Narcotic Force Sukkur, for that he was booked and reported upon. On conclusion of trial, he was convicted u/s 9 (C) of CNS Act, 1997 and sentenced to undergo Rigorous Imprisonment for 05 years and 06 months with fine of Rs. 25,000/- and in default whereof to undergo simple imprisonment for 05 months and 15 days by learned Additional Sessions Judge-III/MCTC-II/ Special Judge (CNS), Sukkur vide judgment dated 09-12-2021, which is impugned by the appellant before this Court by way of instant Crl. Jail Appeal.

2.       At the very outset, it is stated by learned counsel for the appellant that he would not press the disposal of instant Crl. Jail Appeal on merits, provided the sentence awarded to the appellant is reduced to one which has already undergone, which is opposed by learned Special Prosecutor ANF by contending that the appellant has committed the offence which is affecting the society at large.

3.       Heard arguments, perused the record.

4.       The appellant is young man of 40 years of the age; he is said to be a sole bread earner of his family; by not pressing disposal of his appeal on merits, he has shown remorse and there is every likelihood of his reformation. By considering these factors as mitigating circumstances, the sentenced awarded to the appellant for the said offence is reduced to Rigorous Imprisonment for 03 years with fine of Rs.10,000/- and in default whereof, to undergo simple imprisonment for one month with benefit of section 382-B Cr.P.C.

5.       Subject to above modification, the instant Crl. Jail Appeal is disposed of.    

 

                                                                                       J U D G E

 

                                                             J U D G E                                              

 

Nasim/P.A