IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Special Crl. Jail Appeal No. D – 136 of 2022
Mr. Justice Zafar Ahmed Rajput,
Mr. Justice Irshad Ali Shah
Appellant: Aamir Ali son of Ali Dino Phulpoto, Resident of village Wari Goth, Taluka and District Khairpur.
(Now confined in Central Prison Khairpur)
Through Mr. Rukhsar Ahmed Junejo, Advocate.
The State: Through Mr. Zulfiquar Ali Jatoi, A.P.G.
Date of hearing: 26-01-2023.
Date of decision: 26-01-2023.
IRSHAD ALI SHAH, J. It is the case of prosecution that on arrest from the appellant was recovered 1500 grams of charas by Police party of PS Piryaloi, 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 09 years and to pay fine of Rs. 40,000/- and in default whereof to undergo Simple Imprisonment for 03 months with benefit of section 382-B Cr.P.C, by learned Ist Additional Sessions Judge/MCTC-I/ Special Judge (CNS), Khairpur vide judgment dated 06-12-2022, which is impugned by the appellant before this Court by way of instant Special 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 Special Crl. Jail Appeal on merits, provided the sentence awarded to the appellant is reduced to considerable extent, which is opposed by learned Additional Prosecutor General, Sindh by contending that the minimum sentence prescribed by law for the alleged offence as per amendment introduced by way of Act No. XX of 2022 is 09 years with fine. On being asked he however was fair enough to admit that such amendment was made much after registration of the present case with no retrospective effect.
3. Heard arguments and perused the record.
4. The appellant is young man of 22 years of age and said to be sole bread earner of his family, by not pressing disposal of his appeal on merits he has shown remorse and there is likelihood of his reformation. By considering these factors as mitigating circumstances, the sentence 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 01 month with benefit of section 382-B Cr.P.C.
5. Subject to above modification, the instant Special Crl. Jail Appeal is disposed of.
J U D G E
J U D G E